Furthermore, Chapter 17.90.110 (E) provides for enforcement of all below market rate housing administrative procedures and guidelines, agreements, resale restrictions, performance deeds of trust, regulatory agreements, and all other covenants or restrictions placed on residential development projects or below market rate dwelling units, by civil action and any other proceeding or method permitted by law.
This document replaces the BMR Administrative Procedures and Guidelines, last updated on March 19, 2020.
2 INTRODUCTION
This document provides procedures and guidelines to implement the Below Market Rate (“BMR”) Ownership Program of the City of Foster City ("City"). These Administrative Procedures and Guidelines, and other relevant information, including income limits and attachments to these BMR Guidelines, may be amended and updated from time to time by the Community Development Department Director.
The purpose of these BMR Ownership Guidelines is to provide clear and consistent guidance, procedures, and best practices to implement Chapter 17.90 of the Foster City Municipal Code https://www.codepublishing.com/CA/FosterCity/ and property covenants and regulatory agreements, as well as to promote the goals of the City's Housing Element 2023-2031, as adopted on May 22, 2023 , specifically fair housing and anti -discrimination priorities as stipulated in the Fair Housing Action Plan in Chapter 3, Affirmatively Furthering Fair Housing. https://engagefostercity.org/housing-element.
3 FAIR HOUSING
The priorities of the City’s Fair Housing Action Plan in the 2023-2031 Housing Element include:
1. Address disproportionate impacts by increasing the supply of affordable housing and providing more housing choices throughout the City.
2. Protect Purchasers from displacement through an anti-displacement strategy.
3. Address housing discrimination through fair housing information and training.
4. Address housing discrimination by providing additional support and opportunities for housing to meet special needs.
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The BMR Ownership Housing Program must comply with AB 686 (https://www.hcd.ca.gov/community-development/housing-element/housing-element- memos/docs/ab686_summaryhousingelementfinal_04222020.pdf), which requires a ll public agencies to administer programs and activities related to housing and community development in a manner that affirmatively furthers fair housing.
4 COVERED PROPERTIES
Foster City Municipal Code section 17.90.040(A) requires residential development projects of 10 units or more to provide BMR units, for both for-sale and rental projects. These Guidelines apply to all for-sale BMR properties (“BMR Ownership Units”).
5 DEED RESTRICTIONS
5.1 GENERAL PROVISIONS OF DEED RESTRICTIONS
Generally, the City’s deed restrictions for ownership BMR units shall include, but are not limited to, the following key provisions:
1. Property may only be sold to persons and families of very low-income for a 45-year period, or another period of time as required by state law.
2. Non-occupying co-signers are not allowed.
3. Resale price shall be restricted during the deed restriction period.
4. The City shall be entitled to receive a portion of the “net proceeds” from the first sale of the Property or any refinancing following the termination of the restricted period.
5. An owner of a BMR Ownership Unit shall notify the City prior to any Transfer of all or part of the property at least ten (10) days prior to any occurrence of any of the following conditions:
a. The owner lists or otherwise advertises the BMR Ownership Unit for sale. b. The owner enters into an agreement for sale or Transfer of the Property. c. The owner ceases to occupy the BMR Ownership Unit as the owner’s primary and sole residence.
d. A notice of default under the Purchase Money Note is recorded against the BMR Ownership Unit.
6. Owners of BMR Ownership Units or prospective owners are not permitted to own additional residential real estate.
7. Each purchaser of a BMR Ownership Unit shall occupy the property as the principal residence for the duration of its ownership unless the purchaser has obtained the prior written approval of the City. Upon request by the City, the owner of the BMR Ownership Unit shall submit an affidavit to the City certifying that the BMR Ownership Unit is the principal residence.
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5.2 NAMES OF OWNERS
Names of all Owners and Co -Owners shall be listed on the Deed Restrictio n, Affordability Restriction, Resale Restriction Agreement, and any other agreements for the Property. 6 INCOME RESTRICTIONS
6.1 SOURCE FOR INCOME LIMITS
The City uses the income limits as established by the California Department of Housing and Community Development (HCD), except as noted below or specified by the deed restriction. These income limits are issued in the spring of each year, with the actual issuance date varying from approximately February t o June. The income limits are available at:
https://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-income-limits.shtml (see the “Official State Income Limits”).
6.2 PROCEDURES FOR CALCULATING INCOME
6.2.1 Applicability
The purpose of this methodology is to ensure consistency in calculating income for all Foster City BMR Ownership Units and to ensure compliance with Fair Housing laws. The methodology is based on the HUD standards as stipulated in the HUD Handbook 4350.3 (https://www.hud.gov/sites/documents/43503HSGH.PDF) and uses HUD form s and some California Tax Credit Allocation Committee forms.
6.2.2 Multiple or Conflicting Requirements
In the event of multiple requirements or conflicting methodology required by the deed restriction on the BMR Ownership Unit , the strictest rule for calculating income as stated in the deed restriction shall apply.
6.2.3 Household Member Income to Count
Any adult household member aged 18 or over and residing in the household 14 days or more per calendar year (consecutive or non-consecutive days), other than live-in aides shall be counted for income calculation purposes and included in the household size for purchase of the property. See the HUD Handbook for guidance.
6.2.4 Full Set of Forms Required for all Adult Household Members A full set of forms and associated documents is required for each adult household member , including an Income Questionnaire. Forms Schedule is available from the City.
6.2.5 Rules on Redacting of Information Provided for Income Certification Buyers are not permitted to r edact information, other than Social Security Numbers, that are provided on documents submitted for the income certification process.
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6.2.6 Income Inclusions and Exclusions
The City of Foster City follows the HUD Manual regarding income inclusions and exclusions, with the following clarifications. See https://www.hud.gov/sites/documents/DOC_35699.PDF.
However, if the deed restriction references California Code of Regulations, Title 25, Section 6914 for determining income, then CCR Title 25, Section 6914 shall supersede this section.
For t emporary, non-recurring, or sporadic income (including gifts) , non-recurring is defined as income that appears only one time in any calendar year. For example, sporadic income from the same source that results in multiple deposits to a checking or savings account, even if differing amounts, in a given calendar year, is considered recurring income and must be counted. Assets in foreign or offshore accounts shall be included in the asset section of the certification.
Rent subsidies provided by government programs, such as Section 8, COVID relief, and other sources, are excluded from income. Rent subsidies from any source should be excluded from income if the subsidy is tied to the income of the purchaser, even if it is recurring and not a lump sum single payment and/or temporary in nature. If the subsidy is recurring, not temporary, and is a set amount that is not dependent on the amount of income of the purchaser, the subsidy should be counted as income . The exclusion rule, while not explicitly stipulated in the HUD list of exclusions, is based on the definition of determinable income as stated in the Housing Act of 1937 (https://www.hud.gov/sites/documents/DOC_10010.PDF). For example, Section 8 subsidies paid by the Housing Authority of San Mateo County and temporary emergency rent relief subsidies paid by any source should always be excluded from income.
6.2.7 Three Methods Required to Calculate Income
City staff should use three methods to calculate purchaser’s income from employment and take the highest of the three incomes for use in the income certification, except as noted below.
The three methods include: 1) gross income paystub averaging for six months of paystubs using the gross pay; 2) annualized year-to-date income calculation, and 3) pay rate calculation, including overtime. Exceptions: (1) If Staff obtains third -party employment verification, the information provided in the verification shall supersede information from paystubs or other methods of calculation. However, paystubs must still be included in the file even if employment verification is received; (2) for self-employment, see Section 6.2.11.
The City requires six months of paystubs to be submitted by employed adult household members.
Employment verification may be substituted for paystubs only if paystubs are not available. For those who have been employed less than three months or are about to start a new position, a letter of employment serves as acceptable verification of employment.
Method 1: Paystub Averaging
For each type of payment schedule, take the sum of the gross pay for each pa y stub and divide and multiply as directed below.
• If paid weekly , 26 paystubs are required. Divide the total sum of payments by 26, then multiply by 52.
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• If paid monthly, six paystubs are required. Divide the total sum of payments by six, then multiply by 12.
• If paid bi -weekly (every other week): 13 paystubs are required. Divide the total sum of payments by 13, then multiply by 26.
• If paid semi -monthly (twice a month on the same days each month): 12 paystubs are required. Divide the total sum of payments by 12 then multiply by 24. • For teachers who are paid ten months out of the year, take the total sum of six months and divide by six then multiply by ten.
Method 2: Year-to-Date Annualization
Take the gr oss year to date amount and the pay period end date from the paystub. Determine how many days or weeks the end date is in the year. Use either the weeks calculator method or the days calculator method and use one or the other consistently in your calculati ons for each property.
Calculating annualized YTD income using weeks calculation: If using the weeks method, be sure to use a decimal for partial weeks: one day=.143, two days =.286, three days=.429, four days=.571, five days=.714, six days= .8 57). Use an online calculator program such as https://planetcalc.com/7741/. Divide the YTD amount on the paystub by the number of weeks and then multiply by 52 weeks.
Calculating annualized YTD income using days calculation: If using the days method, divide the paystub amount by the number of days between January 1 and the end date of the pay period to get an average daily rate and then multiply by 365. The Excel DAYS formula can be used to find the number of days.
Note that the pay period end date includes the last date, but the calculators do not, they count the first date, and all dates up to the last date but not the last date, so for accuracy you must add one day when using a weeks or days calculator. For example, If a pay period end date is January 15, that is 15 days or two weeks and one day of pay, but if you use the days or weeks calculator, it is 14 days or two weeks and zero days. Therefore, you must add a day to capture the pay period end date.
In the event that the household member started a job after January 1 of the given year, use the start date as the first date to annualize rather than January 1.
Examples:
Assumptions: YTD pay period end date: June 15, 2023. Pay YTD: $45,500
Example for Weeks Method:
Using PlanetCalc or another online calculator to determine the weeks between 01/01/2023 and 06/16/2023 (remember to add a day), the answer provided is 23 weeks, 5 days. Note: Excel does not provide decimal point s and rounds up, so the Excel weeks formula is not recommended to determine the weeks.
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Convert the days to a decimal. 5 days divided by 7 is .714, so the number of weeks is 23.714.
Divide $45,500 by 23.714 to get a weekly average pay. $45,500/23.714 = $1918.70 Multiply that result by 52 to annualize: 1918.70 x 52 = $99,772.40
Example for Days Method using Excel:
Enter the formula as follows into a spreadsheet using the DAYS formula:
=DAYS(“16-JUN-2023, “1-JAN-2023”) = 166 days (remember to add a day) Divide $45,500 by 166 to get the average daily rate: 45,500/166 = 274.10 Multiply by 365 to annualize: $274.10 x 365 = $100,046.50
Due to rounding, the final values are slightly different. Therefore, the City recommends that Staff use either the weeks method or the days method consistently for all BMR income calculations.
Method 3: Pay Rate Calculation
This method uses the hourly rate or salaried amount that the household member earns and annualizes it. If the household member works overtime, overtime rates should be averaged an annualized as well. For full-time work, use 2,080 hours or 40 hours a week.
Example 1. Full -time work, $ 47.50 per hour. The household member works an average of five hours of overtime per pay period and is paid bi-weekly.
Regular pay 47.50 x 2080 = $98,800 or 47.50 x 40 x 52 = $98,800 Overtime: rate is 1.5 x pay rate or $ 71.25. The average of two hours OT per pay period and 26 payments per year (paid bi-weekly) equates to 52 OT hours per year. $71.25 x 26 = $1,852.50 additional earnings per year.
Total income from this method is: $100,652.50.
Reviewing the methods, and, for the purposes of this example, Staff uses the Days method for calculating YTD, and the paystub averaging method resulted in an annual income of $101,222.22, the amount that should be used for the income certification is the highest of the three, or $101,222.22.
6.2.8 Lump Sum Payments
See Item See the HUD Manual Income Inclusions and Exclusions for more information on lump sum payments and when to count them as income or assets. In general, single payment lump sums are not counted as income for certifications. See:
https://www.hud.gov/sites/documents/DOC_35699.PDF. However, if the Property Covenant references California Code of Regulations, Title 25, Section 6914 for determining income, then CCR Title 25, Section 6914 shall supersede this section.
6.2.9 Tax Returns
The City requires t he prior year’s tax return from each adult household member to assist with income verification as a reference point for reasonableness. Tax returns and tax transcripts must be signed and dated by the taxpayer. The 120-day rule for dating documents does not apply.
Since income is projected forward, taxes are not used for calculating income , except for self - employment income in some cases. See Section 6.2.1 1 for self -employment income. If the household member does not file taxes , the household member must c omplete a non-tax filer
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affidavit and Form 4506-T to obtain a transcript or statement of non-tax filing.
Transcripts may be requested by mail, telephone or online. If the household member cannot produce a transcript or statement using the mail, phone or online methods, the City recommends that Staff witness the request by having the Purchaser call, mail, or go online from t he Property Management office.
• Use www.IRS.gov or the IRS2Go app to access Get Transcript by Mail ; transcript will be delivered within 10 days to the tax filer's address of record, or • Submit Form 4506 -T or 4506T -EZ to have a transcript mailed to the tax filer at the tax filer's address of record with the IRS. Complete and print the form at https://www.irs.gov/forms-pubs/about-form-4506-t
• Call 800-908-9946 for an automated Get Transcript by Mail feature.
In the event that the household member is still unable to produce a transcript or taxes, and Staff can attest to witnessing the transcript request, an affidavit of non -tax filer status will suffice in the file, along with a clarification of verification.
6.2.10 Self-Employment Income
For self -employment, which includes sole proprietorships with or without employees , single entity LLCs, contract work, “gig” work, and work paid in cash with no paystub, the household member shall complete a Self-Employment Affidavit. The Self-Employment Affidavit shall be used to document projected net self-employment business income for the following 12 months and should be confirmed through tax returns and other documentation, such as business bank statements that may be requested by Staff to clarify income. Net business income is all anticipated revenue for the next 12 months less business expenses. Self-employment income cannot be zero for income certification unless the prior year’s income taxes show a loss, and the Purchaser anticipates a continued loss for the next 12 months.
Those who are self-employed must provide their most recent taxes for verification. In the event that the Purchaser does not file taxes, the Purchaser must complete a Non -Tax Filer Affidavit, a Form 4506-T, and provide evidence of the business, such as deposits, receipts, or business bank account statements for verification.
For businesses in which the business owner pays themselves a regular salary, the amount they pay themselves should be included in the business expenses and should not be listed separately as income. For a business owner that pays other household members, the income amount should be included as part of that household member’ s income. Self-employment should not be third - party verified other than through taxes.
The Self -Employment Affidavit shall include a statement that providing false or misleading information may result in disqualification and be subject to prosecution. The City does not require that the form be notarized.
The business Owner must submit business documentation as needed and the most recent federal
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tax return. Use the amount on the affidavit and collect last year’s federal tax return to verify the business and the business income.
Example 1: Uber Driver
• Purchaser anticipates $35,000 in gross revenue in the next 12 months. • Business expenses (car washes, gas, insurance, etc.): $10,000. • Net Business Income: $25,000.
• Use $25,000 as the projected income for the next 12 months for the income certification. • Have the Purchaser complete the Under Income Affidavit form if there are no other sources of income sufficient to pay the rent.
• Screenshots of payments from Uber are not required.
Example 2: Sole Proprietorship with a Loss
• Purchaser anticipates $0 for the next 12 months due to higher expenses than revenues. • Revenues are anticipated at $25,000.
• Expenses are anticipated at $30,000 due to recently starting the business. • Last year’s taxes showed a loss.
• Use $0 as the projected income for the income certification. • Note: if the last year’s taxes did not show a loss, and the Purchaser is claiming $0 for the next 12 months, use the amount from the prior year’s taxes for the income certification.
Example 3: Occasional Cash-Paid Service Worker
(e.g., babysitting in which the employer does not claim the worker as an employee) • Purchaser anticipates $3,500 in revenue for the next 12 months. • Expenses are anticipated at $0.
• Use $3,500 as the projected income for the income certification. • Verify evidence of past payments through deposits to checking account(s), if possible. • Have the Purchaser complete the Under Income Affidavit form if there are no other sources of income sufficient to pay the rent.
6.2.11 Unemployment and Disability Income
Unemployment and disability benefits shall be annualized unless the household member provides documentation that benefits will cease in the next 12 months.
6.2.12 Social Security and Supplemental Social Security Income For Social Security Income or Supplemental Security Income (SSI), a benefit verification letter with a date no earlier than 120 days prior to the effective date of certification is required. Refer to the Social Security website on how to obtain this letter. See https://www.ssa.gov/manage- benefits/get-benefit-letter. Count the total income before any deductions. If the Benefit Verification Letter is for the prior year and lists payment amounts prior to December of the prior year, you must multiply the benefit amount by the cost -of-living adjustment (COLA) to project benefits for the following year. The current year COLA adjustment can be found here:
https://www.ssa.gov/oact/cola/latestCOLA.html. Note that if a Purchaser’s sole source of income is from Social Security, the Purchaser should also complete a Non-Employment Affidavit. For lump sum social security payments, refer to the HUD Manual, Chapter 5.
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6.2.13 Dates of verifications
All verifications received, including the da ted social security benefit letter received should be dated within 120 days prior close of escrow . Written clarifications shall be included in the Purchaser file for any exception to rules or any calculation that needs explanation.
6.3 ASSET ELIGIBILITY AND VERIFICATION
6.3.1 Use of California Code of Regulations, Title 25 for Calculating Income from Assets For all properties, unless noted in the deed restriction, staff should calculate income from assets in accordance with the requirements set forth in California Code of Regulations, Title 25, Housing and Communication Development, Division 1, Housing and Community Development, Chapter 6.5 Program Operations, § 6914 and as directed in these BMR Guidelines. View Document - California Code of Regulations (westlaw.com), with the exception that the current HUD passbook savings rate for determining income from assets shall apply. See HUD Handbook 4350.3 REV-1.
6.3.2 Third-Party Verification of Assets
The City of Foster City requires third-party verification of assets for purchasers of BMR property.
Third-party verifications must comply with current fair housing regulations and the current HUD Handbook, Chapter 5, Section 3, Verifications.
6.3.3 Negative or Blank Asset Verifications
Negative or blank asset verifications, in which City Staff seek to determine if an account is held at a financial institution and for which there is no disclosure of the asset on the TICQ, are not permitted.
6.3.4 Rules on Redacting Information on Documents Provided The City does no t allow r edacted information, other than social security numbers, on any documents submitted for the income certification process.
6.3.5 Calculating Income from Assets
Twelve months of bank statements are required for checking and savings accounts and the latest quarterly statement for investment and retirement accounts. For checking accounts, the cash value of the asset is the average of the ending balance for 12 months. For savings accounts, the cash value is the ending balance on the most recent statement. For investment accounts, the cash value is the ending balance on the current statement, less any penalty for early withdrawal (usually 10%), if applicable. Substantial, frequent, or regular deposits of $100 or more require explanation from the household member, if not included on the Purchaser Income Questionnaire.
6.3.6 Computing Income from Real Estate Assets
Purchasers of BMR ownership units are not permitted to own residential real estate. For commercial real estate assets, in accordance with Section 7.4, Staff should verify the cash value of the asset through three online sources or a recent appraisal that is not more than 120 days old.
Take the average of the three values and subtract 6% for average sales costs (or current industry
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standard if not 6%) and subtract any remaining mortgage on the property. To verify the remaining mortgage, obtain a recent mortgage payment statement or use an online so urce to verify the outstanding balance. The cash value of the asset goes in the asset section of the Purchaser Income Certification. Imputed income will also be added to the income from assets since the cash value of the real estate, combined with other f inancial assets, will likely trigger the imputed income rule.
6.3.7 Lump Sum Payments
Single l ump sums for the following items should be counted as assets rather than income:
inheritance, capital gains, lottery winnings made in one payment, cash from sale of as sets, insurance settlements, workers compensation, and personal property losses; any other amounts that are received in one -time lump sum payments. Two or more payments of these items shall be counted as income, rather than assets. See HUD Inclusions and Exclusions to Income for more details. See https://www.hud.gov/sites/documents/DOC_35699.PDF.
6.4 LIVE-IN AIDES
The City does not count income from live-in aides as defined by HUD. See HUD Handbook Chapter 3 and Chapter 5: https://www.hud.gov/sites/documents/43503c3HSGH.PDF and https://www.hud.gov/sites/documents/43503c5HSGH.PDF for more information. For LIHTC properties, refer to CTCAC compliance rules on this issue.
6.5 DOCUMENTING PURCHASER INCOME CERTIFICATIONS
6.5.1 Forms
City Staff shall use the most current forms available from the California Tax Credit Allocation Committee (CTCAC), as provided below, or substantially similar forms created by the City Staff:
CTCAC forms are available on the CTCAC website at
https://www.treasurer.ca.gov/ctcac/compliance.asp. In addition, City Staff shall include a calculation worksheet for each household showing how income was calculated for each household member.
6.5.2 Owner Income Certification File Organization
Income Certifications for Purchaser files shall be organized in the following order.
1. Purchaser Income Certification Form
2. Income calculation worksheet(s), income and rent limits, and Utility Allowance Schedule for the household.
The following Items shall be in order by household member with the head of household first.
1. Purchaser Income Questionnaire
2. Income forms and documents
3. Asset forms and documents
4. Child support forms and documents
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6.5.3 Required Forms
Forms required for Income Certification of purchasers are listed below. Unless otherwise noted, one form is required for each adult household member. Forms marked by an asterisk are available on the CTCAC website at https://www.treasurer.ca.gov/ctcac/ compliance.asp.
1. Affidavit of Residence Form (required for Foster City residents for new move-ins)
2. Purchaser Income Certification Form (one per household)
3. Income Calculation Worksheet
4. Purchaser Income Questionnaire
5. Self-Employment Affidavit (SEA), if applicable
6. Family Contribution Affidavit, if applicable*
7. Non-Employment Form, if applicable*
8. Zero Income Certification Form, if applicable*
9. Non-Tax Filer Affidavit, if applicable
10. IRS Form 4506-T, if applicable https://www.irs.gov/forms-pubs/about-form-4506-t
11. Under $5,000 in Asset Certification Form, required if value of assets is < $5000*
12. Substantial Deposits form, (required if bank statements show multiple deposits over $100 that are not disclosed on Income Questionnaire)
13. Child or Spousal Support Affidavit*
14. Live-In Aide Verification Form, if applicable*
15. Clarification Form, if applicable
16. Asset Verification Clarification Form, if applicable
6.5.4 Signatures on Forms
The Purchaser’s Income Certification form must be signed by all adult household members and Staff. All forms must be signed as indicated on the form. Taxes included in the file must be signed by the Purchaser.
6.5.5 Dates on Forms
Forms prepared and/or signed after the effective date of certification shall be signed with the current date and include the following statement “True and Correct as of (insert effective date).
The statement must be initialed by the Purchaser(s). Backdating of forms is not permitted.
6.5.6 Mistakes and Corrections on Forms
Forms a nd documents submitted for certification may not be amended or corrected unless authorized by Staff and initialed by the household member. Errors should be crossed out and initialed. Blacking or whiting out of errors is not permitted.
6.5.7 Conflicting, Incomplete, Insufficient, or Unclear Information Provided on Forms If Staff determines they have received conflicting, unclear, or insufficient forms or documentation, they have the right to request additional in formation from the household member pursuant to HUD Guidelines.
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6.6 REQUESTING ADDITIONAL INFORMATION REQUIRED FOR ELIGIBILITY Additional information and documentation not listed in these Guidelines may be required to review an Owner’s eligibility to purchase a unit.
6.7 CITIZENSHIP/RESIDENT ALIEN STATUS VERIFICATION
The City does not currently require verification of citizenship or resident alien status unless required by law.
6.8 SOLE RESIDENCY REQUIREMENT
The BMR Ownership Unit must be the household’s sole and primary residence. Exceptions include students who reside elsewhere to attend school and reside in the BMR property 14 or more (consecutive or non -consecutive days per year) , children under a shared custody agreement , estranged or separated spouses, and household members in temporary or permanent supportive housing.
7 DETERMINING PURCHASE PRICE
7.1 ELIGIBILITY
Purchase price of the property shall be determined pursuant to the regulatory documents governing the Property as pursuant to California Health and Safety Code Section 50052.5 as follows. Persons and families of very low-income means persons and families whose income does not exceed limits set forth in Section 50105 of the Health and Safety Code or any successor statute thereto. Persons and families of low - or moderate-income means persons and families whose income does not exceed the limits set forth in Section 50093 of the Health and Safety Code or any successor statute thereto. Income shall be calculated as set forth in Section 6 .0 of these BMR Ownership Guidelines.
7.2 INITIAL PURCHASE PRICE
The Initial Purchase Price, also called the A ffordable Housing Cost, is defined in Section 50052.5 of the Health and Safety Code or any successor statute thereto . Section 50052.5 defines Affordable Housing Cost as:
(a) For extremely low-income households the product of 30 times 30 percent of the area median income adjusted for family size appropriate for the unit. (b) For very Low -Income Households the product of 30 percent times 50 percent of the area median income adjusted for family size appropriate to the unit. (c) For lower Income Household s whose gross incomes exceed the maximum income for very low-income households and do not exceed 70 percent of the area median income adjusted for family size, the product of 30 times 70 percent of the area median income adjusted for family size appropriate for the unit as defined in Section 50052.5 (h).
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Adjustment for household size is as defined in Section 50052.5 (h) and means two people for a one-bedroom unit, three people for a two-bedroom unit, four people for a three-bedroom unit, and five people for a four-bedroom unit. Section 50052.5 (h) does not include five-bedroom units, but it is assumed that six people shall be used for household size for a five-bedroom unit.
In the event that Section 50052.5 is updated, the most current version of the Code shall apply.
8 RESALE PRICE RESTRICTION
8.1 TERM OF RESTRICTIONS
Owners of BMR Properties are required to sell or transfer their property to households of low and very low income during the deed restriction period pursuant to the deed restriction , other documents governing the property, and the provisions of this section.
8.2 DEFINITION OF TRANSFER
Transfer shall mean any transfer of title to, or rental or sale, of the Property, or judicial sale on execution or other legal process of foreclosure or trustee’s sale of the P roperty (regardless of whether initiated by the lender); provided, however that “Transfer” does not include any of the following: (a) transfer by gift, devise or inheritance to the spouse, issue or adopted child of the Owner of the Property; or (b) a transfer resulting from the death of an Owner where the transfer is to a co-Owner or joint tenant; or (c) a transfer by an Owner to any person who becomes a co- Owner of the Property provided Owner retains at least a thirty-three percent (33%) interest in the Property and the co-Owner agrees to become a Co-Owner under the Resale Agreement; or (d) a transfer resulting from a divorce, a decree of dissolution of marriage or legal separation or from a property settlement agreement incidental to such a decree in which one of the Owners becomes the sole Owner of the Property; or € a transfer between co -Owners; or (f) a transfer by Owner into an inter vivos trust in which Owner is a beneficiary and Owner continues to occupy the Property; or (g) acquisition of title to the Property or interest therein in conjunction with marriage.
Owners must notify the City in writing within ten (10) days of offering their house for sale. Owners must disclose deed restrictions to potential buyers. Incomes of potential purchasers must be certified by City Staff prior to execution of a Purchase and Sale Agreement. The resale purchase price must be calculated by the City and provided.
8.3 RESALE PROCEDURES
The Owner shall notify the City prior to any Transfer of all or part of the Property. This notification shall occur prior to the occurrence of any of the following conditions.
(a) The Owner lists or otherwise advertises the Property for sale. (b) Owner enters into an agreement for sale or Transfer of the Property. (c) The Owner ceases to occupy the Property as the Owner’s sole residence. (d) A notice of default under the Purchase Money Note is recorded against the Property.
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Administrative Procedures and Guidelines
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The Owner shall have an affirmative obligation to inform the City in writing a minimum of ten (10) days prior to the occurrence of any condition stated above.
8.4 RESALE PRICE
8.4.1 Calculation of Resale Price During the Deed Restriction Period During the deed restriction period, the City shall determine the Resale Price according to the following method to calculate a price not to exceed the lowest of:
(a) Median Household Income – the original purchase price plus an amount, if any, equal to the original price multiplied by the percentage increase, from the time of the initial conveyance from the Developer to the Owner until the time of sale, in the median household income for San Mateo County, as published periodically by the United States Department of Housing and Urban Development and the State Department of Housing and Community Development :
https://www.hcd.ca.gov/grants-and-funding/income-limits. The original purchase price shall be increased by that percentage; provided, however, that the adjusted price in no event shall be lower than the purchase price paid by the Owner when the Owner purchased the Property.
This adjusted price shall be increased by the value of any Capital Improvements.
(b) Consumer Price Index – the original purchase price plus an amount, if any, equal to the original purchase price multiplied by the percentage increase in the housing component of the Consumer Price Index for the San Francisco/Oakland/San Jose Area, Housing Compo nent Index for All Urban Consumers, as published by the United States Department of Labor and Statistics: https://www.bls.gov/cpi/. For that purpose, the Consumer price Ind ex prevailing on the date of the purchase by the Owner of said Property shall be compared with the latest Consumer Price Index available on the date of receipt by Agency of notice of intent to sell.
The original purchase price shall be increased by that percentage; provided, however, that the adjusted price in no event shall be lower than the purchase price paid by the Owner when the Owner purchased the property. This adjusted price shall be increased by the Value of any Capital Improvements.
(c) Appraisal – The Owner shall have an appraisal made by a neutral professional appraiser of the Owner’s choice and expense to establish the market value. The City or its designee may elect to have an appraisal made by a neutral professional appraiser of its choice , at the City’s expense, in the event that the City is not satisfied with the Owner’s appraisal. the average of the two appraisals shall be deemed to be the market value.
8.4.2 Adjustments to Resale Price
Any resale price determined through the use of method described in 8.4 (a) or (b) shall be adjusted by decreasing the Resale Price by an amount to compensate for deferred maintenance costs, which amount shall be determined as follows: upon receipt of notice of Owner’s intent to sell, the City or its designee shall have an opportunity to determine whether any violations of applicable building, plumbing, electric, fire or housing codes exist or any other provisions of Municipal Code.
In the event deficiencies are noted, the City shall obtain estimates to cure the observed
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Administrative Procedures and Guidelines
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deficiencies. The Owner shall cure the deficiencies in a reasonable manner acceptable to the Agency or its designee within sixty (60) days of being notified of the results of the inspection, but in no event later than the close of escrow. Should Owner fail to cure such deficiencies prior to the scheduled date of close of escrow, at the option of the City, its designee or assignee, escrow may be closed, title passed and money paid to the Owner subject to the condition that such funds as are necessary to pay for curing such deficiencies (based upon written estimates obtained by the City) shall be withhold from the money due to the Owner and held by the escrow holder for the purpose of curing such deficiencies. The City, its designee or assignee shall cause such deficiencies to be cured an upon certification of completion of work, escrow holder shall utilize such funds to pay for said work. Any remaining funds shall be paid to the Owner. No other payment shall be due to the Owner.
8.4.3 Establishment of Resale Price
The City shall notify the Owner of the Resale Price within ten (10) days of the Owner’s notification subject to the determination of those factors establishing price, such as completion of appraisals of the property if necessary; inspection of the property; and determination of the value of capital improvements.
8.4.4 Value of Capital Improvements
The value of capital improvements to the property, if any, shall be determined in accordance with the following provisions:
(a) Within sixty (60) days of completion of any capital improvements, the Owner shall notify the City in writing of the completion of the capital improvements and shall submit proof of cost, copies of all applicable permits and plans and an estimate of the increase in value of the Property by reason of the improvements (not to exceed actual cost of construction).
(b) If, within thirty (30) days of receipt of the notice to the City of the capital improvements, the City questions the claimed increase in value of the Property by reason of the Capital Improvement, the City and Owner may, by mutual agreement, establish the value of the Capital Improvement or Owner may require an appraisal of the Property, at the Owner’s expense. If the City requires an appraisal to determine the value of the Property, if any, by reason of Capital Improvements, two (2) neutral professional appraisers shall be selected; one chosen by City and one chosen by the Owner. If the appraisals are preformed, the increase in value resulting from the Capital Improvement shall be the average increase determined by the two appraisals. The cost of the appraisals shall be divided between the parties.
9 SHARE OF PROCEEDS TO AGENCY
To reimburse the City for the use of its money, the City shall be entitled to receive a portion of the net proceeds from the first sale of the Property or any refinancing following the termination of the deed restriction period. If the Property is owned by persons and families of low to moderate income, the City shall receive twenty percent (20%) of net proceeds, and if the property is owned
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Administrative Procedures and Guidelines
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by persons and families of very low income, the City shall receive forty percent (40%) of net proceeds.
Net proceeds shall be determined by the gross receipts from the sale or refinance of the Property less customary and reasonable closing costs, including reasonable and customary brokerage commissions, and repayment of the outstanding principal balance of any first mortgage loan on the Property. The escrow agent or title c ompany handling the closing of the property shall be directed to transfer twenty percent (20%) or forty percent (40%), as applicable, of the net proceeds to the City upon close of escrow.
In order to protect the right of the City to receive the net proceeds, no loan secured by a first deed of trust or mortgage against the Property shall have a loan to value ratio in excess of ninety -five percent (95%), with the value calculated as the most recent Affordable Housing Cost. This restriction on the amount of the loan will remain in effect until the City has received its twenty percent (20%) or forty percent (40%), as applicable, share of o the net proceeds.
10 REQUIREMENTS FOR PROGRAM MONITORING AND
ADMINISTRATION
10.1 RETENTION OF RECORDS
10.1.1 Storage Time Requirement
Owners must maintain records for at least seven (7) years after transfer of the property.
10.1.2 Electronic Files
Files may be kept electronically or in hard copy. Electronic files must be protected . The City requires all electronic files to comply with California Tax Credit Allocation Committee rules on electronic files. See: https://www.treasurer.ca.gov/ctcac/compliance/memos/electronic- storage.pdf.
10.1.3 Additional Requirements
Covenants, local, state, or federal regulation may require additional records management and reporting requirements, or supersede requirements as stipulated in this Section.
10.2 MONITORING
Upon request by the Agency, the owner of the Property shall submit an affidavit to the Agency certifying that the Property is the owners occupy the property as their principal residence or other provisions of the deed restrictions, Affordability and Resale Restrictions, or other Agreements or regulatory documents governing the property to ensure compliance.
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Administrative Procedures and Guidelines
Draft Revised for October 5, 2023 Planning Commission Study Session
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11 USE OF HUD GUIDELINES FOR ITEMS NOT COVERED IN THESE
GUIDELINES
11.1 USE OF HUD GUIDELINES FOR BMR PROPERTIES
For items not covered in these BMR Guidelines , the HUD Handbook 4350.3 REV -1 shall be considered a reasonable best practice. The handbook is provided on the website of the U.S.
Department of Housing and Urban Development at:
http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/handbook s/hsgh/4350.3
Use of HUD Guidelines for Properties Covered by One or More HUD-Funded Programs For properties covered by one or more HUD-funded Programs, if there is conflicting information in the HUD Handbook, the Covenant in place for a property, or these BMR Guidelines, then the strictest policy shall apply. An overview of HUD Programs can be found at https://www.hud.gov/sites/dfiles/Main/documents/HUDPrograms2023.pdf.
11.2 USE OF HUD’S FAIR HOUSING POLICIES
Please note that HUD’s policies on Fair Housing are applicable to all BMR Ownership properties.
See:
https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview#_T he_Fair_Housing. In addition, the following t emporary HUD Programs may apply to the BMR Ownership property if the Owner received federal financial assistance through one of the following programs:
• The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (Public Law 116 -136, approved March 27, 2020)
https://www.congress.gov/bill/116th-congress/house-bill/748/text • American Rescue Plan Act of 2021 (Public Law 117-2, approved March 11, 2021) https://www.congress.gov/bill/116th-congress/house-bill/748/text
Please note that t he State of California Fair Housing laws also apply to all properties. More information about California Fair Housing can be found here:
https://calcivilrights.ca.gov/LegalRecords/.
12 NON-COMPLIANCE AND REMEDIES
In the event that the City determines that an unauthorized transfer has occurred, or the property is not the primary residence of the owner, Staff will enforce any and all regulatory requirements.
The City has enforcement authority pursuant to City of Foster City Municipal Code, Chapter
17.90.110 (E). https://www.codepublishing.com/CA/FosterCity/.
12.1 PROCEDURE FOR NON-COMPLIANCE
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City staff may notify the owner with a Notice of Non-Compliance, and remedies and deadlines for correcting non-compliance issues.
12.1.1 Appeal Process
Owners who wish to appeal a notice of non-compliance must submit a request for appeal in writing to the City within ten (10) business days of recei pt of the Notice of Non -Compliance.
Appeals will be considered by the Community Development Director, in coordination with the City Attorney. In the event of a denial the Owner shall have the time specified in the decision to remedy the non-compliance specific to the circumstance.
12.1.2 Continued or Repeated Non-Compliance
Owners that remain in a state of non-compliance for more than ninety (90) days after the date of a Notice of Non-Compliance or Denial of an Appeal of Non-Compliance or are notified by the City of non-compliance may be subject to fines or legal action by the Cit y pursuant to City of Foster City Municipal Code, Chapter 17.90.110 (E).
12.2 REMEDIES
12.2.1 Unauthorized Sale, Lease or Transfer of Property In the event that a sale, lease , refinancing, or other transfer of the property occurs without certification by the City that the purchaser/transferee is an eligible household and that the property is being transferred at an affordable housing cost, the sale, lease, or o ther transfer of the Property in violation of the Deed Restriction, Resale Agreement, or other Regulatory Agreement, the sale, lease or other transfer shall be void and the City may elect to force a sale of the property and exercise right of first refusal.
12.2.2 Violation of Deed Restrictions or Other Regulatory Documents In the event that the City determines, through documented evidence, that the owner maintains another residence, owns other residential property, committed fraud relating to certification of income, or violates any other restriction of the Deed Restriction, Affordability Restriction, Resale Restriction, or other Regulatory Document pertaining to the Property, the City may require the Owner to provide evidence of curing the violation and/or the City elect to force a sale of the property and exercise right of first refusal.
13 CONFLICT WITH HOUSING ELEMENT OR OTHER
REGULATORY INSTRUMENT(S)
These BMR Ownership Guidelines serve as an implementation tool for the Housing Element and property affordability restrictions , Affordable Housing Agreements, Amendments, or other regulatory instruments that are in effect for all properties covered by these BMR Ownership Guidelines. In the event that these BMR Ownership Guidelines conflict with the Housing Element, the Deed Restriction or other instrument recorded for the Property , or other local, state, or federal regulation covering the property, the regulatory instrument(s) in effect for the property shall supersede these BMR Ownership Guidelines.
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https://fostercity.sharepoint.com/sites/CDD/Q drive/CDA/HSG/BMR Management/Guidelines/BMR Guidelines REVISED 3.19.2020.docx
City of Foster City
Below Market Rate Housing Program
Administrative Procedures and Guidelines for Property Managers
The following document contains the procedures and guidelines that apply to the Below Market Rate (BMR) Rental Housing Program of the City of Foster City (City). These procedures and guidelines, and other relevant information, including income limits and rents, may also be amended and updated from time to time.
1) Determining Eligibility
a) Income Limits
1) The City uses the income limits as established by the California Department of Housing and Community Development (HCD), except as provided below. These income limits are issued in the spring of each year, with the actual issuance date varying from approximately February to June.
The income limits apply to various categories, including Extremely Low - Income, Very Low -Income, Low -Income and Moderate -Income. The income limits, and an explanation of the methodology used to develop them, are available at:
https://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal- income-limits.shtml
(see the “Official State Income Limits”).
2) The HCD income limits may be different than the income limits required by other programs that may affect a property, such as tax credits or bonds.
The coordination of these requirements shall be as established by mutual agreement for each affected development and the City.
(a) For the Marlin Cove and Miramar developments, the City and the owners have agreed that:
(i) Initial occupancy shall be governed by the HCD income limits; (ii) Recertifications shall utilize the HUD HERA income limits.
b) Assets
1) Fosters Landing is the only property with a formally established asset limit. “…applicants under age 60 with assets over $80,000 are automatically ineligible for the program and applicants over the age of 60 with assets over $180,000 are automatically ineligible. For those applicants that do qualify, either 10% of the total value of an applicant’s assets or the annual income derived from those assets, whichever is larger, will be added to the applicant’s annual income.” (Staff Report to the Community Development Agency, 2/7/94, pp. 1-2)
2) All other properties should calculate gross income in acco rdance with the requirements set forth in Title 25 CCR section 6914, includi ng rules applicable to the applicant's net family assets (i.e. where applicant has net family assets in excess of $5,000, income shall include 10% of the total value of an applican t’s assets or the annual income derived from those
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c) Preference Categories
1) Waiting lists, except as noted below, shall be sorted by Preference Category, as established by the City Council in Resolution 2020-24 (see Attachment B) to prioritize applicants as follows:
1a. Persons who are currently living in a Below Market Rate deed restricted unit in Foster City, and have been so for at least twelve (12) months , whose unit is subject to termination of afford ability restrictions within three (3) years;
1b. Persons who live and work in Foster City;
2. Persons who live in Foster City;
3. Employees of the City of Foster City;
4. Classroom teachers who are employees of the San Mateo -Foster City School District, the San Mateo Union High School District and the San Mateo County Community College District;
5. Persons who work in Foster City; and
6. All others who are income qualified.
2) The Metro Senior Apartments development pre -dated the adoption of the Preference Categories and therefore they do not apply to the waiting list in that development. City staff will work with Bridge Housing at the time any amendments to their Agreement are considered to incorporate the Preference Categories into additions to the waiting list.
3) The Fosters Landing development pre -dated the adoption of the Preference Categories but the “Second Amendment to Affordable Housing Agreement,” adopted in 2009, requires that additions to the waiting list after October 5, 2009 shall be sorted by Preference Category as provide d in Resolution 2000-123.
4) Existing Unit Pu rchase Program uses the Preference Categories as provided in Resolution 2020-24 but also prioritize Very Low -Income and Low-Income applicants (see Attachment C).
5) The City -owned 22 Workforce Housing Units uses the Workforce Preference Categories as established with the development.
2) BMR Waiting List
a) Application to the Waiting List
i) At a minimum, the application shall include at least the information needed to determine income, the preference category, household size and contact information. The required data items are contained in the sample format for the waiting list (see Attachme nt D). The application may include additional information to conduct an initial eligibility screening. The application shall
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iii) The burden s hall be on the applicant to inform the property manager of any changes in status, such as household size, residence or employment location, contact information or other information. The property manager shall adjust the preference category if the applicant provides the appropriate documentation.
b) Format of the Waiting List
i) A required format for the waiting list is attached (see Attachment D). The waiting list shall be kept in this format in an electronic spreadsheet. It includes the information that will be necessary in order to sort the waiting list by Preference Category. The Sort feature can be utilized to create a custom order list by Preference Categories: 1a, 1, 2, 3, 4, 5, and 6.
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A filter may be applied for viewing the list or finding a specific applicant. A filter can be applied to hide the inactive applicants, while retaining their information in the event they later question why they were changed to inactive status. An electronic version of the waiting list in spreadsheet format is available from the Community Development Department. Property Managers may add columns for additional data items for any special program requirements or other uses if they wish. For example, Fosters Landing will add a column to note whether households include an elderly tenant in order to report the number of elderly households per their program requirements.
ii) Notes shall be kept in the waiting list spreadsheet to document all contacts and communications with the applicants, including the complete date and initials of the staff member. It is important to maintain these notes in order to verify and document appropriate use of the waiting list to fill vacancies and changes to an applicant’s status.
iii) The waiting list shall be sorted by:
1) Preference category
2) Lottery number (if applicable)
3) Application date
c) Closing the Waiting List.
i) The Property Manager shall discuss with City staff and obtain City staff approval to close the waiting list to new applicants. Waiting lists may not be open for some categories and closed for others.
ii) The Property Manager shall discuss with City staff any plan to reopen a closed waiting list and obtain City staff approval for a marketing plan.
d) Determining Preference Category
1) Verifying residence in Foster City
(a) Property Managers are supplied with a map of Foster City that shows the City limits. Note that parts of the 94404 zip code are within the City of San Mateo. Property Managers should contact the Community Development Department with any questions about whether a property is within Foster City.
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https://fostercity.sharepoint.com/sites/CDD/Q drive/CDA/HSG/BMR Management/Guidelines/BMR Guidelines REVISED 3.19.2020.docx (b) In order to be assigned a Preference Category as a resident of Foster City, at least one member of the household must be currently living in Foster City. There is no requirement for the duration of residence except that persons claiming Preference Category 1a which requires a minimum 12 months. Residency shall be verified by at least one of the following:
(i) Two current utility bills (PG&E, water, phone, cable or garbage). If the applicant has recently moved and does not yet have utility bills, a lease agreement will be accepted.
(ii) If the applicant cannot provide items listed in (i) above, then an Affidavit of Residence is required (see Attachment F).
2) Verifying work location in Foster City
(a) Property Managers are supplied with a map of Foster City that shows the City limits. Note that parts of the 94404 zip code are within the City of San Mateo. Property Managers should contact the Community Development Department with any questions about whether a property is within Foster City.
(b) At least one half of one household member’s income shall be from employment within Foster City in order to qualify for the “works in Foster City” Preference Category and that paid employment shall be at least 16 hours per week. If the employment is a home occupation, the home address shall be a Foster City residence and the household member must also have a Foster City business license.
(c) Employment in Foster City must be based at a fixed address, not an itinerant type of occupation or temporary work assignment.
ii) Verifying employment with the City of Foster City
If an applicant states that they are an employee of the City of Foster City, the Property Manager shall contact the Community Development Department for verification.
e) Verifying self-employment income
A Self -Employment Affidavit (see samples in Attachment G ) shall be used to document self -employment income, together with tax returns and other documentation. The Self -Employment Affidavit shall include a statement that providing false or misleading information may result in disqualification and be subject to prosecution. The City does not require that the form be notarized, but this may be required by other funding programs. The Property Manager should create a Self-Employment Affidavit for their property based on one of the samples provided, which may be submitted to the City for review.
f) Determining Household Eligibility for Units According to Number of Bedrooms
The minimum household size for occupancy of various size units varies somewhat based on the requirements of the applicable Affordable Housing Covenant. (See Attachment H summarizing Minimum/Maximum Occupancy Requirements.)
g) Annual Re-Application for Eligibility to Remain on Waiting List Annually, the Property Manager is encouraged send a “purge letter” to ascertain whether the people on the waiting l ist want to remain on the list (see Attachment I). The letter shall state that no response will result in removal from the list.
Applicants shall be given a minimum of 3 weeks to respond. If email is used as a
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3) Renting a BMR Unit
a) Procedures for Notifying Applicants on Waiting List
1) When a unit becomes available, the Property Manager shall notify a group of applicants from the top of the waiting list and allow them not less than 7 days to respond. At the end of the 7-day response period, the respondent with the highest priority on the list shall move forward through the qualification process. If the #1 a applicant wants the unit or if all the applicants ahead of someone have declined, there is no need to wait the 7 days.
2) The Property Manager may establish a policy to make an applicant inactive if they decline the offer of a unit three times. Any such policy shall be applied equally to all applicants.
3) The notification of applicants shall restart at the top of the list when a new vacancy occurs, except for applicants that have been notified within the past 30 days.
b) Documenting Tenant’s Eligibility
1) Additional Information
Additional information and documentation may be required in order to review a tenant’s eligibility to rent a unit.
2) Second-party vs. Third-party Verifications
The City does not currently require third-party verifications of income or other eligibility criteria. Third-party verification may be required by tax credit and/or bond programs or the property management. The City may choose to require third-party verifications for the units owned by the City.
3) Citizenship/Resident Alien Status Verification
Although at one time, the Agency required use of a Citizenship Verification Form, due to changes in the law, the City does not currently require verification of citizenship or resident alien status. No public assistance should knowingly be provided to unqualified citizens or aliens, however, for federally subsidized projects, citizenship verification should still be followed co nsistent with the federal requirements.
c) Determining Rents/Utility Allowances
The City’s requirements for determining the maximum allowable rent are as follows:
1) Foster’s Landing: rent shall be 30% of the household’s gross income, with an allowance for utilities, but shall not fall below the rent minimums. 2) Existing Unit Purchase Program: rent shall be 30% of the household’s gross income, with an allowance for utilities, but shall not fall below the rent minimums.
3) Marlin Cove, Miramar, Metro Senior Apartments and Pilgrim -Triton:
maximum allowable rent shall be 30% of the income limit for the applicable income category as established by HCD, with an allowance for utilities. For a one -bedroom unit, a househ old size of 2 shall be assumed; for a 2 - bedroom unit, a household size of 3 shall be assumed, and for a 3-bedroom unit, a household size of 4 shall be assumed (see attached sample calculations for Miramar and Marlin Cove).
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https://fostercity.sharepoint.com/sites/CDD/Q drive/CDA/HSG/BMR Management/Guidelines/BMR Guidelines REVISED 3.19.2020.docx 4) Workforce Housing:For the very low-, low- and moderate-income units, the calculations are the same as for the developments in #3 above. An additional category of “workforce” is included with rents calculated at 30% of 130% of AMI, but these may need to be set lower to be lower than market rate.
5) Utility allowances shall be as established by HUD for San Mateo County, as amended from time to time (see Attachment J).
(a) Copies of the utility allowances for San Mateo County are available online at http://housing.smcgov.org/utility-allowance-schedules. (b) If renters insurance is required to be purchased by the tenant, then an appropriate allowance for this shall be provided.
(c) Copies of the utility allowance worksheets showing how the allowances were calculated should be stored in the “Files” section for each property.
(d) There are no restrictions in the California Housing regulations on the timing of adjustments to utilities allowances. BMR Managers therefore have the following options to implement new allowances when they are issued: (1) begin using the new allowances and recalculate rents immediately, (2) make adjustments as tenants are recertified and leases are renewed, or (3) make adjustments later in the year when the new HCD income limits are published and rents are reset. 6) For properties with multiple regulatory agreements setting forth different methods to calculate maximum allowable rent, the lowest rent of the applicable calculation methods shall be used as the maximum allowable rent.
7) Property Managers may charge less than the maximum allowable rent.
4) Annual Re-Certification
The Property Manager shall annually re-certify each household for continued eligibility in the program.
a) Documentation for Re-Certification
Once a tenant submits their documentation for recertification, they may not amend it.
b) Changes in Occupancy
A change in the number of occupants in the household may change the size of the unit for which the household is qualified. If the household no longer qualifies for the size unit they are renting, they shall be given at least a 60 -day warning at the time of recertification that when an appropriate sized unit becomes available, they will be given a 30 -day notice to move into such appropriate sized unit. Until an appropriately sized unit becomes available, they may stay in their current unit. If the tenant's house hold exceeds the maximum size limit for their unit and no appropriately sized larger unit exists in the development, the tenant shall be given a 90-day notice to vacate unless City determines that allowing additional time to comply is warranted.
c) Changes in Income/Assets
1) The tenant’s income and assets shall be reviewed annually during recertification to verify that they continue to qualify for the program. For Foster’s Landing and City-owned units, a change in income will result in a re-calculation of the rent.
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https://fostercity.sharepoint.com/sites/CDD/Q drive/CDA/HSG/BMR Management/Guidelines/BMR Guidelines REVISED 3.19.2020.docx 2) For the City-owned units, tenants who have an income that exceeds the Low Income limit will be given a 60-day notice to vacate. At the discretion of the City, an additional thirty (30) day extension may be granted. 3) For very low - and low -income units, if a tenant ’s income exceeds the income limit, they will be “graduated” to the next higher affordability level provided on the property for which they are qualified. The next available similarly sized unit will be utilized to bring the development back into compliance with the required number and affordability level of units.
4) If a tenant’s income falls below the income limit for a lower affordability category, they may go on the waiting list in the appropriate preference category and application date for a unit of a lower affordability level.
5) For all other units, to the extent allowed by applicable law, including Section 42 of the Inter nal Revenue Code and TCAC regulations, if a tenant’s income exceeds the Moderate Income limit, they will be “graduated” from the BMR program and charged market rent. The next available similarly sized unit will be utilized to bring the development back int o compliance with the required number and affordability level of units.
d) Changes in Income Limits
In cases where the income limit established by HCD is lower than the prior year, and the tenant’s income would continue to qualify under the prior year's inc ome limit, the tenant will be deemed to comply with the income requirements.
e) Changes in Rent
Any changes in rent shall take effect upon recertification at the time the tenant’s lease is renewed or January 1, at the discretion of the Property Manager. The rent established at the time of recertification or each January 1 shall be calculated as provided in Section 3(c) above.
5) Annual Reports
a) Use of Housing Compliance Software
Property Managers shall use the Housing Compliance software to file their reports with the City. Instructions for uploading a report are attached (see Attachment L).
b) Submission of Waiting List to City
At the same time as the Property Manager submits a report to the City, an up-to- date version of the waiting list shall also be submitted by email in an electronic spreadsheet format.
c) Submission of Utility Allowance Worksheets to City.
At the same time as the Property Manager submits a report to the City, a current Utility Allowance Worksheet shall be submitted.
6) Property Manager Administration
a) Retention of Records
Owners must maintain records for at least 7 years that document the compliance of their BMR rental properties with the City’s requirements. These records must also support the accuracy of the reports that Property Managers submit to the City.
Required records include documentation related to tenant income verifications, unit rents, and affirmative marketing.
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b) City Audits and Monitoring
The City may, at any time, request to review the records to verify compliance with program requirements and/or inspect the property. City audits may be conducted at the property if so requested by the City.
c) Changes in Management and/or Ownership
The City shall be notified of any changes in management or ownership. These Guidelines shall be provided to any new management staff.
d) Expiration of Program Restrictions – Tenant Notification At least two years prior to the expiration of program restrictions, the Property Manager shall begin a discussion with the City regarding procedures for tenant notification.
7) Use of HUD Guidelines for Items Not Covered in City’s BMR Guidelines For items not covered in these Guidelines, the HUD regulations/guidelines for below market rate housing management shall be considered a reasonable best practice.
These are contained in t he U.S. Code of Federal Regulations and provided on the website of the U.S. Department of Housing and Urban Development at:
http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/handbooks/h sgh/4350.3
8) Attachments/Sample Forms
A. Sample Report: HUD Income & Rent Limits
B. Preference Categories - Resolution 2020-24
C. Preference Categories for City-owned units
D. Sample waiting list
E. Sample Applications
F. Affidavit of Residence
G. Sample Self-Employment Affidavits (2)
H. Summary of Minimum/Maximum Occupancy Requirements
I. Sample Purge Letter
J. Sample Rent Calculations (2)
K. HUD Utility Allowances: available at http://housing.smcgov.org/utility-allowance- schedules
a. Apartment/Condo/Duplex
b. Detached House
L. Instructions for Housing Compliance software : https://www.housingcompliance.org/faq- help/
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RESOLUTION NO. P - 13 - 23
R
ESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CITY RECOMMENDING CITY COUNCIL TO ADOPT ORDINANCE AMENDING TITLE 17, “ZONING” OF THE FOSTER CITY MUNICIPAL CODE CHAPTER 17.90, “ BELOW MARKET INCLUSIONARY HOUSING PROGRAM” AND FINDING THE AMENDMENTS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3) – RZ2023-0008
FOS
TER CITY PLANNING COMMISSION
W
HEREAS, the Community Development Department (CDD) oversees Affordable Housing programs, including Deed Restricted Ownership Units, Below Market Rate (BMR) program, Existing Unit Purchase Program, HIP Home Sharing Program, and Housing Rehabilitation Loan Program; and
W
HEREAS, the BMR program covers all rental and ownership properties subject to an affordable housing deed restriction or agreement that restricts units to extremely low, very low, moderate, or workforce units; and
W
HEREAS, on March 21, 2022, the City Council adopted Ordinance 644 establishing Chapter 17.90 Below Market Rate Inclusionary Housing Program to Title 17, Zoning, of the Foster City Municipal Code; and
W
HEREAS, Chapter 17.90 Below Market Rate Inclusionary Housing Program focuses on the development of the BMR units, including the required number of BMR units, level of affordability for rental and ownership projects, payment of BMR in-lieu fee, standards for new BMR units, BMR housing plan and agreement, alternatives to BMR requirements; waiver of BMR requirements; affordable housing fund and enforcement; and
WHEREAS, in recent months, the CDD staff reviewed Chapter 17.90 and the related documents, includi ng the BMR Guidelines, and determined that the responsibilities pertaining to overseeing and monitoring of the existing BMR program could be further improved with the proposed revisions to the Chapter 17.90; and W
HEREAS, on October 5, 2023, a Planning Commission Study Session was held to discuss the proposed revisions to the Chapter 17.90 Below Market Inclusionary Housing Program and BMR guidelines; and
W
HEREAS, the periodic administrative updates to the Municipal Code without a physical change to the environment is exempt under the CEQA Guidelines Section 15061(b)(3), Common Sense Exemption; and
W
HEREAS, a Notice of Public Hearing was duly posted for consideration of the amendment to the Municipal Code Chapter 17. 90 at the Planning Commission meeting on October 19, 2023; and
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WHEREAS, the Planning Commission of the City of Foster City has carefully reviewed and considered the staff report and all attachment thereto presented as part of the agenda for the public hearing regarding the proposed amendment to Title 17, Zoning, of the Foster City Municipal Code as referenced above including any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”); and
NOW, THEREFORE BE IT RESOLVED that the Planning Commission, based on facts and analysis in the staff report, written and oral testimony, and exhibits presented, finds that:
1. The foregoing recitals are true and correct and are incorporated by reference into this action.
2. 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 through implementation of the Housing Element.
4. The proposed amendments will not be detrimental to the public interest, convenience, and general welfare of the City.
5. The proposed amendments are exempt from CEQA Guideline Section 15061(b)(3) and consistent with Public Resources Code Section 21080.17.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Foster City does hereby recommend that the City Council adopt an ordinance making various text amendments to Title 17, “Zoning” of the Foster City Municipal Code Chapters 17.90 Below Market Rate Inclusionary Housing Program , contained in Exhibit A, attached hereto and incorporated herein.
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PASSED AND ADOPTED as a Resolution by the Planning Commission of the City of Foster City at a Regular Meeting thereof held on October 19, 2023 by the following vote:
AYES,
COMMISSIONERS: Bronitsky, Haddad, Pedro, and Chair Jagtiani N
OES, COMMISSIONERS:
ABST
AIN, COMMISSIONERS:
ABSEN
T, COMMISSIONERS: Venkat
___________________
RAVI JAGTIANI, CHAIR
AT
TEST:
____________________________
SOFIA MANGALAM, SECRETARY
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EXHIBIT A
Chapter 17.90
BELOW MARKET RATE INCLUSIONARY HOUSING PROGRAM
Sections:
17.90.010 Purpose.
17.90.020 Definitions.
17.90.030 Applicability.
17.90.040 Requirements for inclusion of below market rate dwelling units in development projects.
17.90.050 Payment of below market rate housing in-lieu fee.
17.90.060 Standards for development of below market rate dwelling units.
17.90.070 Alternatives.
17.90.080 Below market rate housing plan and below market rate housing agreement.
17.90.090 Affordable housing fund.
17.90.100 Standards for occupancy, management, and compliance of below market rate dwelling units.
17.90.110 Enforcement.
17.90.120 Expiring covenants.
17.90.010 Purpose.
The purpose of this chapter, to be known as the Below Market Rate Inclusionary Housing Program, is to:
A. Enhance the public welfare by establishing policies and encouraging the development and availability of housing opportunities to a broad range of households with varying income levels within the city as mandated by state law, California Government Code Section 65580 and following; and
B. Promote the city’s goals as stated in the housing element of the general plan to increase the supply of below market rate housing to meet the city’s regional share of extremely low, very low, low, and moderate income housing needs and the needs of special groups, including the elderly, disabled, small and large families, and local workers by imposing an inclusionary requirement for residential development projects; and
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C. Reduce vehicle miles traveled (VMT) and greenhouse gas (GHG) emissions by providing people at all income levels more opportunities to live near where they work; and
D. Support the local economy by making it easier for employers to attract and retain workers by providing people at all income levels more opportunities to live near where they work; and
E. Affirmatively further the policies and purposes of the Fair Housing Act, also known as “Affirmatively Furthering Fair Housing” by reducing segregation and concentration of poverty; and
F. Implement the city’s adopted inclusionary policy contained in the housing element of the general plan by creating standards and a mechanism to provide below market rate dwelling units as part of proposed residential development projects, including by providing program management, maintenance, and compliance standards and guidelines for eligibility and occupancy of below market rate units for existing and proposed residential projects; and
G. Provide for the establishment and imposition of a below market rate housing in-lieu fee on residential development projects as an alternative means of mitigating the impact of residential development projects on the need for below market rate dwelling units in the city, as opposed to the development and construction of below market rate dwelling units as part of residential development projects, in certain circumstances. (Ord. 644 § 3, 2022) (Ord. XX, 2023).
17.90.020 Definitions.
A. “Administration and compliance monitoring cost” means the ongoing cost of city services for administration, compliance, and monitoring of new and existing below market rate dwelling units. The city council, by resolution or deed restriction, may establish recurring annual fees for below market rate property owners on a per unit basis for the ongoing annual administration and compliance monitoring costs of the below market rate units.
Fees may be updated from time to time.
B. “Below market rate housing fund” means a separate or segregated fund or account designated by the city to maintain and account for all monies received pursuant to this chapter.
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C. “Below market rate ownership cost” means the sale price for a below market rate dwelling unit, available as a for-sale unit, resulting in a projected average monthly housing expense during the first calendar year of an eligible household’s occupancy, including mortgage principal and interest, mortgage insurance, property taxes, homeowners’ insurance, homeowners’ association dues, if any, and a reasonable allowance for utilities, not exceeding the sales prices specified by Section 50052.5 of the California Health and Safety Code and California Code of Regulations Title 25, Sections 6910 through 6924.
D. “Below market rate rent” means the total monthly housing expenses for a below market rate dwelling unit, available as a rental unit, not exceeding the rents specified by Section 50053 of the California Health and Safety Code and California Code of Regulations Title 25, Sections 6910 through 6924, except that the city may permit alternative criteria, when necessary, to be consistent with pertinent state and federal statutes and regulations governing publicly assisted rental housing, or for workforce housing. As used in this chapter, “below market rate rent” shall include the total of monthly payments by the tenant for all of the following:
1. Use and occupancy of the below market rate dwelling unit and land and all facilities associated with the below market rate dwelling unit, including but not limited to parking (whether unbundled or not), bicycle storage, storage lockers, and use of all common areas;
2. Any additional separately charged fees or service charges assessed by the owner, other than security deposits;
3. An allowance for utilities paid by the tenant as established by the San Mateo County Housing Authority which may be updated from time to time, including garbage collection, sewer, water, electricity, gas, and other heating, cooking, and refrigeration fuel, but not telephone service, cable TV or WiFi/internet and any other fees required to be paid by the tenant for services received;
4. Any other interest, taxes, fees or charges for use of the land or below market rate dwelling unit or associated facilities and assessed by a public or private entity other than the owner and paid by the tenant.
E. “Below market rate dwelling unit” means a dwelling unit in a residential development project that is restricted for sale or rental to and occupancy by an eligible household at a below market rate ownership cost or below market rate rent, as applicable, and as required by this chapter.
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F. “Below market rate housing administrative standards and guidelines” means standards and guidelines adopted by the community development director from time to time to provide a consistent framework for determining household income, below market rate ownership cost, below market rate rent, eligible households, monitoring, reporting, scope of below market rate housing plan, terms of below market rate housing agreement, marketing plan requirements, and any other relevant rules, regulations or provisions necessary for the administration of this chapter.
G. “Below market rate housing agreement” means an agreement that shall specify the number, type, location, size, and phasing of all below market rate dwelling units required in a residential development project, provisions for income certification and screening of potential purchasers or renters of below market rate dwelling units, and resale control mechanisms, including the financing of ongoing administration and compliance monitoring costs , consistent with the approved below market rate housing plan, as determined by the community development director.
H. “Below market rate housing in-lieu fee” means the fee imposed on each dwelling unit of a residential development project, established by resolution of the city council, and updated from time to time, not to exceed the cost of mitigating the impact of residential development projects on the need for below market rate dwelling units in the city. For purposes of this Chapter, such an in-lieu fee is only for residential development projects, or residential components of mixed-use projects.
I. “Below market rate housing plan” means a plan prepared by the developer of a residential development project that describes how the proposed dwelling units conform to the requirements of this chapter, and city and state density bonus law requirements, as applicable, and shall include, at a minimum, procedures and requirements for determining eligible households for rental of rental units or purchasers of for-sale units, occupancy requirements, initial and ongoing marketing policies, application process, waitlist management, income verification requirements, annual recertification, if applicable, rejection of ineligible housing applicants and eligibility termination, ongoing compliance monitoring costs, and such other provisions as the community development director may prescribe from time to time pursuant to below market rate housing administrative guidelines.
J. “Building permit” includes full structural building permits as well as partial permits such as foundation-only permits and demolition permits.
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K. “Density bonus” means entitlement to build additional residential units above the maximum number of units permitted pursuant to the existing general plan, applicable specific plan and/or zoning designation, and as further specified in Chapter 17.86 and California Government Code Section 65915 (“State Density Bonus Law”).
L. “Developer” means the person(s) or legal entity(ies), including the property owner, or successor, seeking a planning permit or building permit for a residential development project.
M. “Development applicant” means the developer seeking a planning permit or building permit for a residential development project.
N. “Director” means the director of the city’s community development department, or designee.
O. “Dwelling unit” means a dwelling designed for occupancy by one household; the foregoing notwithstanding, dwelling unit shall not include an accessory dwelling unit as defined in Section 17.78.040 .
P. “Eligible household” means those households whose maximum income does not exceed levels published annually for extremely low income households, very low income households, low (or lower) income households, and moderate income households, adjusted for household size and appropriate for the below market rate dwelling unit.
Q. “Extremely low income households” means households with incomes no greater than the maximum income for extremely low income households, as published annually by the California Department of Housing and Community Development (HCD) as the Official State Income Limits pursuant to Health and Safety Code Section 50093
for San Mateo County, adjusted for household size, except that the city may permit alternative criteria, when necessary, to be consistent with pertinent state and federal statutes and regulations governing publicly assisted housing.
R. “For-sale unit” means a dwelling unit that may be sold individually in conformance with the Subdivision Map Act. For-sale units also include dwelling units that are converted from rental units to for-sale units.
S. “Household” means one (1) person living alone or two (2) or more persons sharing residency whose income is considered for housing payments, and all minor children.
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T. “Housing applicant” means an individual or household who has submitted or will submit an application to rent a below market rate dwelling unit.
U. “Low income households” means households with incomes no greater than the maximum income for low or lower income households, as published annually by the California Department of Housing and Community Development (HCD) as the Official State Income Limits pursuant to Health and Safety Code Section 50093 for
San Mateo County, adjusted for household size, except that the city may permit alternative criteria, when necessary, to be consistent with pertinent state and federal statutes and regulations governing publicly assisted housing. “Market rate unit” means a dwelling unit in a residential development project that is not a below market rate dwelling unit.
V. “Moderate income households” means households with incomes no greater than the maximum income for moderate income households, as published annually by the California Department of Housing and Community Development (HCD) as the Official State Income Limits pursuant to Health and Safety Code Section 50093 for San Mateo County, adjusted for household size, except that the city may permit alternative criteria, when necessary, to be consistent with pertinent state and federal statutes and regulations governing publicly assisted housing.
W. “One location” includes all adjacent parcels of land under common ownership or control, the property lines of which are contiguous at any point, or the property lines of which are separated only by a public or private street, road, or other public or private right-of-way, or separated only by the lands owned or controlled by the developer.
X. “Planning permit” means any discretionary approval of a residential development project, including, without limitation, a general or specific plan adoption or amendment, rezoning, tentative map, parcel map, conditional use permit, variances, or architectural review.
Y. “Property owner” means the developer or successor owner or authorized agent of below market rate development.
Z. “Rental unit” means a dwelling unit that is intended to be offered for rent or lease and that cannot be sold individually in conformance with the Subdivision Map Act.
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AA. “Residential development project” means an application for a planning permit or building permit at one location to create one or more dwelling units, redevelop an existing residential development project to remove and replace dwelling units and/or create one or more additional dwelling units, convert nonresidential uses to dwelling units, subdivide a parcel to create one or more separately transferable parcels intended for development of dwelling units, or implement a condominium conversion, including development of dwelling units constructed at one location and in phases.
BB. “Review authority” means the city staff person or body authorized to approve or deny an application for a planning permit or building permit for a residential development project.
CC. “Very low income households” means households with incomes no greater than the maximum income for very low income households, as published annually by the California Department of Housing and Community Development (HCD) as the Official State Income Limits pursuant to Health and Safety Code Section 50093 for
San Mateo County, adjusted for household size, except that the city may permit alternative criteria, when necessary, to be consistent with pertinent state and federal statutes and regulations governing publicly assisted housing.
DD. “Workforce housing” means dwelling units rented at below market rental rates for certain categories of workers pursuant to Section 17.90.100(D). (Ord. 644 § 3, 2022) (Ord. XX, 2023).. \
17.90.030 Applicability.
The requirements of this chapter shall apply to any residential development project as set forth below.
A. Residential Development Projects—Five to Nine Dwelling Units. Residential development projects containing five to nine dwelling units are hereby required, as a condition of issuance of a planning permit or building permit, to either:
1. Pay a below market rate housing in-lieu fee for each dwelling unit upon issuance of a building permit, or
2. Construct below market rate units on the location of the residential development project per Section
17.90.040 (Requirements for inclusion of below market rate dwelling units), make said below market rate dwelling units available for sale or rental to and occupancy by DocuSign Envelope ID: 96C07734-E1E4-475E-A05D-CCDA52ED264D
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eligible households at the applicable household income level and at below market rate ownership cost or below market rate rent, as applicable, and secure said obligation pursuant to a below market rate housing agreement as set forth in Section 17.90.080(E) (Below Market Rate Housing Agreements).
B. Residential Development Projects—Ten Dwelling Units or More. Residential development projects of ten dwelling units or more are hereby required, as a condition of issuance of a planning permit or building permit, to:
1. Construct below market rate units on the location of the residential development project per Section 17.90.040 (Requirements for inclusion of below market rate dwelling units);
2. Make said below market rate dwelling units available for sale or rental to and occupancy by eligible households at the applicable household income level and at below market rate ownership cost or below market rate rent, as applicable; and,
3. Secure said obligation pursuant to a below market rate housing agreement as set forth in Section 17.90.080(E) (Below Market Rate Housing Agreements).
C. Exemptions. The provisions of this chapter shall not apply to developers of residential development projects which fall within one or more of the following categories:
1. Residential development projects containing four or fewer dwelling units;
2. Residential development projects located on property owned by the state of California, the United States of America, or any of its agencies and used exclusively for governmental or educational purposes;
3. Residential development projects involving the repair or replacement of a building that was damaged or destroyed by fire or other calamity, so long as:
(a) The square footage and use of the building remains the same; (b) Construction of the replacement building is conducted in accordance with California Government Code Section 65852.25, which section requires a building permit to be secured within two years of the occurrence of any such event; and, (c) In accordance with California Health and Safety Code Section 18938.6, construction begins within one year from the issuance of a building permit, subject to the issuance of DocuSign Envelope ID: 96C07734-E1E4-475E-A05D-CCDA52ED264D
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one or more extensions, not to exceed one hundred eighty days, upon a showing of justifiable cause by the development applicant to the satisfaction of the building official.
4. Accessory dwelling units (ADUs) or junior accessory dwelling units (JADUs) as defined in Chapter 17.78;
5. Residential development projects which are developed in accordance with the terms of a development agreement adopted by ordinance pursuant to the authority and provisions of California Government Code Section 65864 et seq., and that is executed prior to the effective date of the ordinance codified in this chapter; provided, that such residential development projects shall comply with any below market rate inclusionary housing requirements included in the development agreement or any predecessor ordinance in effect on the date the development agreement was executed;
6. Residential development projects exempted by California Government Code Section 66474.2 or 66498.1
or successor provision; provided, that such residential development projects shall comply with any predecessor ordinance, resolution, or policy governing below market rate inclusionary housing in effect on the date the application for the development was deemed complete;
7. Residential development projects exempted by California Government Code Section 65589.5
(o) or successor provision; provided, that such residential development projects shall comply with any predecessor ordinance, resolution, or policy governing below market rate inclusionary housing in effect on the date that a preliminary application for the development containing all of the information required by California Government Code Section
65941.1 was submitted to the city; or
8. Residential development projects for which all applications for city of Foster City discretionary development entitlements required to develop the project have been deemed complete prior to the effective date of the ordinance codified in this chapter; provided, that such residential development projects shall comply with any predecessor ordinance, resolution, or policy governing below market rate inclusionary housing in effect on the date the application for the development was deemed complete. (Ord. 644 § 3, 2022) (Ord. XX, 2023) DocuSign Envelope ID: 96C07734-E1E4-475E-A05D-CCDA52ED264D
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17.90.040 Requirements for inclusion of below market rate dwelling units in development projects
A. For the purposes of this section, “total dwelling units” does not include:
1. Dwelling units awarded above the otherwise-allowable maximum density as part of a density bonus in Chapter 17.86 (Density Bonuses), as provided by California Government Code Section 65915(b)(3), or
2. In a residential development project that will require the demolition of dwelling units, the number of dwelling units demolished, provided the residential development project will create at least as many dwelling units as will be demolished and otherwise complies with the requirements of California Government Code Section
66300(d), as applicable to the
demolished units.
B. Number of Below Market Rate Dwelling (“BMR”) Units and Level of Affordability. Residential development projects of ten dwelling units or more, or residential projects of five to nine units that opt to construct units, shall construct, or cause to be constructed, the number of below market rate dwelling units as specified below.
1. Rental Projects
(a) Five percent of the proposed total dwelling units in a rental residential development project shall be BMR units occupied by or available for occupancy by moderate income households at or below market rate rents;
(b) Five percent of the proposed total dwelling units shall be below market rate dwelling units occupied by or available for occupancy by low income households at or below market rate rents; and,
(c) Ten percent of the proposed total dwelling units shall be below market rate dwelling units occupied by or available for occupancy by very low income households at or below market rate rents.
2. Ownership Projects.
(a) Twenty percent of the proposed total dwelling units in a for-sale residential development project shall be BMR units sold to and occupied by or available for sale DocuSign Envelope ID: 96C07734-E1E4-475E-A05D-CCDA52ED264D
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to and occupancy by moderate income households at or below market rate ownership cost.
3. Fractional Units. Calculation of units or fees when the number of BMR units is not a whole number shall be as follows:
(a) Any fraction of less than 0.50 shall be satisfied by payment of an amount equal to the below market rate housing in-lieu fee, as adopted by the city council applicable to rental or ownership residential developments, times the applicable fraction, or (b) Any fraction of 0.50 or more shall be satisfied by developing one below market rate dwelling unit available for sale or rental to and occupancy by eligible households at the applicable household income level and at below market rate ownership cost or below market rate rent, as applicable. In either scenario, the development applicant has the option to provide an additional BMR unit instead of the fee.
4. Density Bonus. BMR units that satisfy the requirements of this chapter may be counted toward the number of BMR units required for a density bonus under California Government Code Sections 65915 through 65918 as set forth in Chapter 17.86 (Density
Bonuses). (Ord. 644 § 3, 2022) (Ord. XX, 2023).
17.90.050 Payment of below market rate housing in-lieu fee.
A. Amount. The amount of the BMR housing in-lieu fee applicable to rental residential development projects and ownership residential development projects shall be established by resolution of the city council and be calculated based on the type of residential development (rental or ownership). The below market rate housing in-lieu fee established for rental residential development projects and ownership residential development projects shall not exceed the cost of mitigating the impact of rental or ownership residential development projects on the need for below market rate dwelling units in the city.
B. Timing of Payment. Payment of the BMR housing in-lieu fee shall be due prior to the issuance of the first building permit and the applicable fee schedule in effect at the time the building permit is issued for a rental residential development project or ownership residential development project. (Ord. 644 § 3, 2022) (Ord. XX, 2023).
17.90.60 Standards for development of below market rate dwelling units.
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A. Quality of Construction and Number of Bedrooms. All below market rate dwelling units required by this chapter shall be equal to the overall quality of construction to market rate units in the same residential development project as follows:
1. The exterior appearance of the BMR units shall be the same as that of market rate units.
2. Interior finishes and amenities of the BMR units shall not differ from those provided in the base model market rate units.
3. The number of bedrooms in the BMR units shall be equal to the average number of bedrooms in the market rate units, including square footage by unit size, and the below market rate dwelling units shall be dispersed within the residential development project, with the location of below market rate dwelling units comparable to those of the market rate units, subject to review and approval by the director.
4. The BMR units shall have access to the same amenities as the market rate units and shall be included within the below market rate ownership cost or below market rate rent for the below market rate dwelling unit. For example, residents of the below market rate dwelling units shall not be excluded from common open space, parking, storage, and other community facilities or amenities in the residential development project, nor shall households residing in below market rate dwelling units be charged more than a below market rate rent or a below market rate ownership cost as defined in Section 17.90.020 (Definitions) for the use of such
facilities and amenities.
B. Availability for Occupancy. Below market rate dwelling units required by this chapter shall be made available for occupancy concurrently with the market rate units. For the purposes of this subsection, “concurrently” means that the city may not issue building permits for more than fifty percent of the market rate units until it has issued building permits for all of the below market rate dwelling units, and the city may not approve any final inspections or certificates of occupancy for more than fifty percent of the market rate units until it has issued final inspections or certificates of occupancy for all of the below market rate dwelling units.
C. Duration of Affordability.
1. Ownership. BMR units available as a for-sale unit are subject to the following:
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(a) Pursuant to the terms of a below market rate housing agreement, BMR units are legally restricted for sale to and occupancy by eligible households within the income levels for which the below market rate dwelling units were designated and at a below market rate ownership cost for a period of at least forty-five years from the date of recordation of each grant deed.
(b) Resale of the BMR unit during the forty-five-year term shall be restricted to eligible households at a below market rate ownership cost as defined herein and set forth in the below market rate housing agreement recorded against the below market rate dwelling unit and the forty-five-year term shall start over with each resale. (c) If a BMR unit has not been sold or resold prior to the expiration of the forty-five-year term, then upon the expiration of the forty-five-year term, the restrictions set forth in the below market rate housing agreement shall terminate, expire and be of no further force or effect and the dwelling unit may then be sold at market rate. (d) The below market rate housing agreement shall be recorded against the property of the applicable residential development project and below market rate dwelling unit(s) in accordance with the provisions of and consistent with the form specified in Section 17.80.070
(E).
2. Rental. BMR units available as a rental unit are subject to the following:
(a) Pursuant to the provisions of California Government Code Section 66300(d) BMR units shall, pursuant to the terms of a below market rate housing agreement, be legally restricted to occupancy by eligible households within the income levels for which the below market rate dwelling units were designated and at a below market rate rent for a period of at least ninety-nine years from the date a certificate of occupancy is issued by city for the entire residential development project.
(b) The director, or his or her designee, may accept a shorter period of affordability of no less than fifty-five years, if the applicable residential development project provides substantial evidence that a shorter-term restriction is necessary and required in order to obtain financing for the applicable residential development project. (c) The below market rate housing agreement shall be recorded against the property of the applicable residential development project in accordance with the provisions of and consistent with the form specified in Section 17.90.080 (E). (Ord. 644 § 3, 2022) (Ord. XX,
2023).
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17.90.070 Alternatives.
A developer may propose an alternative means of compliance with this chapter subject to the following provisions:
A. Construction of Off-Site Below Market Rate Dwelling Units. If a developer of a residential development project of ten or more dwelling units proposes the construction of off-site below market rate dwelling units in the below market rate housing plan required under Section 17.90.080, the city council may, in its discretion, approve such a proposal if it finds the proposal meets all of the following condition
1. The proposed off-site location is within the city of Foster City, is currently owned by the developer or is under contract for purchase by the developer, is not located in a flood hazard zone and does not contain environmentally sensitive habitat, is not contaminated with or otherwise impaired by the presence of hazardous materials or hazardous substances in the soil, soil vapor or groundwater in, on, or under the off-site location or emanating from lands in proximity thereto, as reflected in a Phase I Environmental Site Assessment, and if necessary, a Phase II Environmental Site Assessment, and development and construction of a residential development project on the proposed off-site location is consistent with the city’s adopted general plan, housing element, and zoning; and
2. The proposed off-site location is suitable for and development of a residential development project thereon is economically and financially feasible as determined by the city, in its sole discretion, pursuant to a feasibility analysis of a proposed residential development project on the proposed off-site location prepared by the city, at the expense of the developer, and approved by the city council; and
3. The proposed off-site location is adequately served by all required utilities and transportation infrastructure, all of which are appropriately sized to accommodate the proposed off-site below market rate units, the off-site residential development project, and all reasonable foreseeable probable future development within the area served by said utilities and transportation infrastructure; and
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4. The proposed off-site below market rate units are in addition to any below market rate dwelling units otherwise required for the off-site residential development project; and
5. The construction of the proposed off-site below market rate dwelling units within the off- site residential development project has not commenced before the approval of the on-site residential development project, the off-site below market rate dwelling units will be available for occupancy prior to or concurrently with the market rate units within the on-site residential development project, and the inclusion of the below market rate dwelling units within the off-site residential development project will not, when combined with the below market rate inclusionary requirement of the off-site residential development project, significantly contribute to residential segregation by income level within the city; and
6. The proposed off-site below market rate dwelling units would be provided in at least the same quantity and affordability levels as would be required for on-site units. The foregoing notwithstanding, any proposal to provide rental off-site below market rate dwelling units to satisfy an inclusionary requirement for an ownership project shall comply with Sections 17.90.040(A)(1) and 17.90.060(C)(2); and
7. The proposed off-site below market rate dwelling units comply with all other requirements of this chapter; and
8. All necessary agreements required to secure the construction of the off-site below market rate dwelling units will be made a part of the affordable housing agreement required for the on-site residential development project; and
9. Financing or a viable financing plan, which may include public funding sources, is in place for the acquisition of land, development and construction of the proposed off-site below market rate dwelling units; and
10. The purposes of this chapter would be better served by implementation of the proposed alternative and that the proposed alternative meets the greatest community needs at that time.
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B. Conversion of Off-Site Dwelling Units or Nonresidential Buildings to Off-Site Below Market Rate Dwelling Units. If a developer of a residential development project of ten or more dwelling units proposes the conversion of off-site dwelling units or nonresidential buildings to off-site below market rate dwelling units in the below market rate housing plan required under Section 17.90.080, the city council may, in its discretion, approve such a proposal if it finds the proposal meets all of the following conditions:
1. All of the conditions as set forth in subsection A of this section; and
2. The construction of the proposed off-site below market rate dwelling units shall be in addition to any replacement units otherwise required by state law, including but not limited to Government Code Sections 66300(d) and 65915
(c)(3).
C. On-Site Clustering of Below Market Rate Dwelling Units. If a developer of a residential development project of ten or more dwelling units proposes the clustering of on-site below market rate dwelling units in the below market rate housing plan required under Section 17.90.080 as an alternative to the provisions of Section 17.90.060(A)(3) requiring the reasonable dispersal of such units within the residential development project, the city council may, in its discretion, approve such a proposal if it finds the proposal meets all of the following conditions:
1. The clustering of on-site below market rate dwelling units is necessary to access and secure sources of financing needed for the residential development project; and
1. Construction of the clustered below market rate dwelling units will occur prior to or concurrently with the construction of the market units in the residential development project; and
3. The clustering of on-site below market rate dwelling units will not, when considered singularly or in connection with other residential development projects in the vicinity of the project, significantly contribute to residential segregation by income level within the city; and
4. The purposes of this chapter would be better served by implementation of the proposed alternative and that the proposed alternative meets the greatest community needs at that time.
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D. Alternative to On-Site Construction of Below Market Rate Dwelling Units—Donation of Land. If a developer of a residential development project of ten or more dwelling units proposes the donation of land to the city for the construction of below market rate dwelling units in the below market rate housing plan required under Section 17.90.080, the city council may, in its discretion, approve such a proposal if it finds the proposal meets all of the following conditions:
1. The land proposed to be donated to the city is located within the city of Foster City, is currently owned by the developer or is under contract for purchase by the developer, is not located in a flood hazard zone and does not contain environmentally sensitive habitat, and development and construction of a residential development project on the site is consistent with the city’s adopted general plan, housing element, and zoning; and
2. The land proposed to be donated is suitable for and development of a residential development project thereon is economically and financially feasible as determined by the city, in its sole discretion, pursuant to a feasibility analysis of a proposed residential development project on the land proposed to be donated prepared by the city, at the expense of the developer, and approved by the city council; and
3. The land proposed to be donated to the city is adequately served by all required utilities and transportation infrastructure, all of which are appropriately sized to accommodate a residential development project on the site and all reasonable foreseeable probable future development within the area served by said utilities and transportation infrastructure; and
4. The fair market value of the land proposed to be donated equals or exceeds the value of the on-site below market rate dwelling units otherwise required to be provided as part of the residential development project, as shown in an appraisal of the land to be donated and a financial analysis of the proposed residential development project prepared by the city, at the expense of the developer, and approved by the city council; and
5. The land proposed to be donated to the city shall not be contaminated with or otherwise impaired by the presence of hazardous materials or hazardous substances in the soil, soil vapor or groundwater in, on, or under the land to be donated or emanating from lands in proximity thereto, as determined by and to satisfaction of the city, in its sole discretion, pursuant to a Phase I Environmental Site Assessment, and if necessary, a Phase II DocuSign Envelope ID: 96C07734-E1E4-475E-A05D-CCDA52ED264D
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Environmental Site Assessment, conducted under the direction of the city and at the expense of developer; and
6. The purposes of this chapter would be better served by implementation of the proposed alternative and that the proposed alternative meets the greatest community needs at that time. (Ord. 644 § 3, 2022) (Ord. XX, 2023)
17.90.080 Below market rate housing plan and below market rate housing agreement.
A. Required. A below market rate housing plan is required for any residential development project that provides below market rate dwelling units, either on site or off site. The below market rate housing plan shall:
1. Describe how the proposed dwelling units conform to the requirements of this chapter and city and state density bonus law requirements, as applicable.
2. Include provisions that demonstrate compliance with California Government Code Sections 65915(c)(3) and 66300(d), requiring replacement units to be restricted to lower- income households to match the percentage of lower-income tenants, as provided in Chapter
17.55, Replacement Units.
3. Include, at a minimum, procedures and requirements for:
(a) determining rental rates
(b) eligibility of households for rental of rental units or purchasers of for-sale unit, (c) income requirements
(d) occupancy standards
(e) Initial and ongoing marketing policies
(f) application process
(g) waitlist management
(h) income verification requirements
(i) annual income recertification requirements
(j) If applicable, rejection of ineligible housing applicants, eligibility termination (k) funding by developer for ongoing administration and compliance monitoring costs following occupancy of below market rate dwelling units (l) and such other provisions as the director may prescribe from time to time pursuant to below market rate housing administrative standards and guidelines.
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4. Below market rate housing plans are not required for residential development projects that are not required to provide for the construction, sale and/or rental of on-site or off-site below market rate dwelling units, in compliance with the provisions of this chapter Submittal and Review. The below market rate housing plan must be submitted prior to the first planning permit application being deemed complete. The below market rate housing plan shall be processed concurrently with all other planning permits required for the residential development project.
C. Approval of On-Site Below Market Rate Dwelling Units. The review authority may approve or conditionally approve a below market rate housing plan that proposes on-site below market rate dwelling units if it makes findings, based on substantial evidence, that:
1. The on-site below market rate dwelling units comply with the applicable standards in this chapter, including, without limitation, the requirement that the below market rate dwelling units be made available for occupancy concurrently with the market rate units.
2. The on-site below market rate dwelling units will mitigate the impact of the market rate units in the residential development project on the need for below market rate dwelling units in the city.
D. Amendments. The approved below market rate housing plan may be amended prior to issuance of any building permit for the residential development project. A request for a minor modification of an approved below market rate housing plan may be granted by the director if the modification is substantially in compliance with the original below market rate housing plan and conditions of approval. Other significant or substantial modifications to the below market rate housing plan, as determined by the director, shall be processed in the same manner as the original below market rate housing plan.
E. Below Market Rate Housing Agreements. As a condition of approval of a residential development project, a below market rate housing agreement acceptable to the director, approved by the city attorney and executed by the city manager, shall:
1. Be recorded against the residential development project prior to approval of any final or parcel map, or issuance of any building permit, whichever occurs first.
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2. Specify the number, type, location, size, and phasing of all below market rate dwelling units, provisions for income certification and screening of potential purchasers or renters of below market rate dwelling units, and resale control mechanisms, and provisions for funding by developer for administration and compliance monitoring costs following occupancy of below market rate dwelling units consistent with the approved below market rate housing plan.
3. Provide for the indemnification and defense of the city, as approved by the city attorney, against any and all claims brought by any and all persons, including eligible households, in connection with the administration and implementation by city of the below market rate housing plan and below market rate housing agreement.
4. A below market rate housing agreement applicable to below market rate dwelling units, available as for-sale units, shall require as a condition of the sale of a below market rate dwelling unit from developer to an eligible household, that the restrictions set forth in the below market rate housing agreement and this chapter be recorded against the below market rate dwelling unit in the form of a resale restriction agreement, performance deed of trust, and/or regulatory agreement, as approved by the city attorney and executed by the city manager, to ensure the continued affordability of the below market rate dwelling units. (Ord. 644 § 3, 2022) (Ord. XX, 2023)
17.90.90 Affordable housing fund.
A. Establishment of the Affordable Housing Fund. The city of Foster City has established an affordable housing fund as set forth in Section 17.88.060. The city reaffirms that the affordable housing fund is created for the purpose of receiving and dispersing certain monies to address the housing needs of extremely low, very low, low and moderate income households. Separate accounts within the affordable housing fund may be created from time to time to avoid commingling of monies, if required by law or as deemed appropriate for the administration of the affordable housing fund
B. Deposits. All below market rate housing in-lieu fees or other funds collected under this chapter shall be deposited into the affordable housing fund.
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C. Use of Funds. In addition to the purposes set forth in Section 17.88.060, the monies in the affordable housing fund, including all interest and earnings from investment of the monies therein, shall be expended exclusively to provide, or assure the continued provision of, below market rate dwelling units to extremely low income, very low income, lower income, and moderate income households in the city, through property acquisition, construction, development assistance, rehabilitation, conversion, financing, rental assistance or other subsidies or methods, consistent with the goals and policies contained in the city’s housing element and the purposes for which the fees were collected, and for administration and compliance monitoring of the below market rate dwelling units established pursuant to this chapter.
D. Guidelines. The city council may, from time to time, adopt guidelines for expenditure of monies in the affordable housing fund. (Ord. 644 § 3, 2022) (Ord. XX, 2023)
17.90.100 Standards for occupancy, management, and compliance of below market rate dwelling units
A. Below Market Rate Housing Administrative Standards and Guidelines. The community development director may adopt and revise standards, rules, regulations and guidelines, best practices, and methodologies for determining household income, below market rate housing cost, below market rate rent, determining eligibility of households of for-sale units and rental units, establishing monitoring, reporting, requirements, for residential development projects, marketing plans, and such other provisions and requirements as are relevant to the administration of this chapter.
B. Eligibility. No eligible household may occupy a below market rate dwelling unit available as a rental unit or acquire a below market rate dwelling unit available as a for-sale unit until the director, or his or her designee, has approved a below market rate housing plan prepared by the developer, which plan shall include eligibility requirements specific to the residential development project, and a below market rate housing agreement has been recorded against the residential development project in accordance with Section 17.90.080 .
C. Principal Residence. Any eligible household that occupies a below market rate dwelling unit must occupy that dwelling unit as its principal residence, unless otherwise approved in writing for rental to a third party for a limited period of time due to household hardship, as determined and approved by the city in advance and in accordance with below market rate housing administrative standards and guidelines.
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D. Housing Preferences. Subject to applicable state and federal fair housing laws, the city may implement preferences for the sale or rental to and occupancy of below market rate dwelling units at the applicable below market rate ownership cost or below market rate rent, as applicable, to eligible households that live and/or work in the city or any other characteristics the city deems appropriate to further the purposes of this chapter. The city may also, from time to time, adopt preferences applicable to specific residential development projects, as permitted by law. (Ord. 644 § 3, 2022) (Ord. XX, 2023)
17.90.110 Enforcement.
A. Nuisance. Any violation of the provisions of this chapter, or the terms or conditions of a planning permit or building permit issued for a residential development project, or the terms of a below market rate housing plan or below market rate housing agreement approved in accordance with this chapter, or the below market rate standards and guidelines shall constitute a public nuisance. Provision of Below Market Rate Dwelling Units— Payment Obligation. Provision of below market rate dwelling units and/or payment of the below market rate housing in-lieu fee in accordance with the requirements of this chapter is the obligation of the developer of a residential development project. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including, but not limited to, actions to revoke, deny, modify or suspend any planning permit or building permit approved by the city.
B. Enforcement. (i) General. The director or designee shall enforce this chapter and all below market rate housing administrative standards and guidelines, agreements, resale restrictions, performance deeds of trust, regulatory agreements, all other covenants or restrictions placed on residential development projects or below market rate dwelling units; and its provisions shall be binding on all agents, successors, and assigns of a development applicant or property owner.
1. If it is determined that a violation of the provisions of this chapter has occurred, the director or designee will do the following:
First letter: A courtesy first letter to the development applicant, for proposed development, or property owner, for approved or built developments, describing the nature of the non- compliance and providing a reasonable opportunity to resolve the issue. If the development applicant or the property owner does not resolve the issue within the timeline specified, the city will issue a second letter.
Second Letter: The second violation letter will request the violation to be resolved and brought into compliance within the time specified by the Director or designee.
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Third Letter: if the development applicant, for proposed development, or property owner, for approved or built developments, does not resolve the issue after the issuance of the second letter, a third and final letter will be sent to the development applicant or owner requesting that the violation be resolved within the timeline specified by the Director or designee.
2. Administrative Appeals: The development applicant, for proposed development, or property owner, for approved or built developments, may appeal a Director’s finding of a violation per the provisions of Section 17.06.150 Appeal procedures.
3. In the event the code compliance has not been achieved, the City Attorney is authorized to enforce the provisions of this chapter, including but not limited to, any and all below market rate housing agreements, resale restrictions, performance deeds of trust, regulatory agreements, and all other covenants or restrictions placed on residential development projects or below market rate dwelling units, as well as any administrative regulations, standards, or guidelines, by civil action and any other proceeding or method permitted by law. The city shall be entitled to recover its costs, expenses and fees, including reasonable attorneys’ fees, incurred in connection with the enforcement of the provisions of this chapter and all below market rate housing administrative regulations, standards, or guidelines, agreements, resale restrictions, performance deeds of trust, regulatory agreements, and all other covenants or restrictions placed on residential development projects or below market rate dwelling units.
C. Developer Responsibility. Failure of any official or agency to enforce the requirements of this chapter shall not excuse any developer or owner from the requirements of this chapter. No planning permit, building permit, license, map, or other approval or entitlement for a residential development project or dwelling unit shall be issued, including without limitation a final inspection or certificate of occupancy, until all applicable requirements of this chapter have been satisfied.
D. Remedies. The remedies provided for in this section shall be cumulative and not exclusive and shall not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity. (Ord. 644 § 3, 2022) (Ord. XX, 2023)
17.90.120 Expiring covenants.
Five (5) years prior to expiration of an affordability restriction on a property subject to this Chapter, the Director or designee shall present a report to the City Council informing them about the expiration and will commence discussions with the property owner(s) to determine the feasibility of extending or prolonging affordability restrictions on the property.
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REGULAR MEETING OF THE FOSTER CITY PLANNING COMMISSION
M I N U T E S
OCTOBER 19, 2023
1. CALL TO ORDER
At 7:00 p.m. by Chair Jagtiani
This meeting was held as a hybrid meeting.
2. ROLL CALL
Present: Commissioners Bronitsky, Haddad, Pedro, and Chair Jagtiani
Absent: Commissioner Venkat
Staff Present: Sofia Mangalam , Community Development Director; James Atkins, Senior Planner; Nori Jabba, Housing Coordinator; Leslie Carmichael, Consultant Planner; and Denise Bazzano, Assistant City Attorney
3. COMMUNICATIONS FROM THE PUBLIC
1. None
4. CONSENT CALENDAR
1. MINUTES OF OCTOBER 5, 2023 REGULAR MEETING
ACTION: Motion by Commissioner Bron itsky, seconded by Commissioner Pedro to approve the Minutes of October 5, 2023, Planning Commission Regular Meeting, passed 4-0-0-1 (Absent: Venkat)
5. CONTINUED PUBLIC HEARING
1. None
6. NEW PUBLIC HEARING
1. USE PERMIT REQUEST TO APPROVE A 459 SQUARE FOOT (SF) SECOND STORY ADDITION TO AN EXISTING 2,226 SF TWO -STORY SINGLE -FAMILY HOME LOCATED AT 612 BRIDGEPORT LANE IN NEIGHBORHOOD 6 – UP2023-0075 ACTION: M otion by Commissioner Bronitsky to continue item to November 16, 2023, Planning Commission Regular meeting, seconded by Commissioner Haddad, passed 4 - 0-0-1 (Absent: Venkat)
2. RECOMMENDING CITY COUNCIL TO ADOPT ORDINANCE AMENDING TITLE 17, “ZONING” OF THE FOSTER CITY MUNICIPAL CODE CHAPTER 17.90, “BELOW MARKET INCLUSIONARY HOUSING PROGRAM” AND FINDING THE AMENDMENTS
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EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3) - RZ2023-0008
ACTION: M otion by Commissioner Ped ro to approve the Resolution (Attachment 1) recommending City Council adopt Ordinance amending Title 17, “Zoning” proposed amendments to the Municipal Code Chapter 17.90 Below Market Rate Inclusionary Housing Program and Below Market Rate (BMR) Guidelines and Find the amendments exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15061(b)(3), seconded by Commissioner Haddad, to Adopt Resolution No. P-13-23, approving RZ2023-0008, passed 4-0-0-1 (Absent: Venkat)
7. OLD BUSINESS
1. None
8. NEW BUSINESS
1. None
9. ST UDY SESSION
1. OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS FOR MULTI -FAMILY
RESIDENTIAL HOUSING AND MIXED- USE DEVELOPMENT APPLICATIONS AND RELATED AMENDMENTS TO VARIOUS CHAPTERS OF TITLE 17, ZONING, OF THE FOSTER CITY MUNICIPAL CODE, INCLUDING BUT NOT LIMITED TO 17.04 DEFINITIONS; 17.14 R -2 TWO FAMILY RESIDENCE DISTRICT; 17.16 R -T TOWNHOUSE RESIDENCE DISTRICT; 17.18 R- 3 MEDIUM DENSITY MULTIPLE - FAMILY RESIDENCE DISTRICT; 17.20 R -4 HIGH DENSITY MULTIPLE -FAMILY RESIDENCE DISTRICT; 17.26, C-2 GENERAL BUSINESS DISTRICT; 17.38 C- M COMMERCIAL MIX DISTRICT; 17.36 PD PLANNED DEVELOPMENT COMBINING DISTRICT; 17.58 ARCHITECTURAL CONTROL AND SUPERVISION; AND 17.62 OFF- STREET PARKING REGULATIONS.
Planning Commission comments:
• Chair Jagtiani requested that the bicycle parking requirement be expressed as 1 parking space per 10 dwelling units instead of 0.1 spaces per dwelling unit. • Commissioner Haddad inquired about the density.
o Consultant Planner Carmichael responded that the proposal does not change any of the allowed densities, it just shows them in units per acre instead of the current method of square feet of lot area required per unit. o Deputy City Attorney Bazzano added that each development project will need to meet these requirements, any other City or EMID requirements, and also be analyzed pursuant to CEQA.
• Chair Jagtiani asked if the definition of height for sloped roofs would stay the same. o Consultant Planner Carmichael responded yes.
• Commissioner Bronitsky stated he felt that there should not be a limit on synthetic turf.
Regarding a public comment suggesting design standards for each neighborhood, that is just not realistic. Regarding guest parking, the demand varies depending on the day.
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Public comments:
• Evan Adams asked if there was a letter from HCD that’s not on the Foster City website.
The synthetic turf area recommended seems small. Multi-metering is a good idea. The standards should address individual styles in each neighborhood. Bicycle parking should address charging requirements.
o Director Mangalam stated that the staff is not aware of any HCD letter regarding objective design standards. HCD letters regarding the Housing Element have been posted on the website.
o Consultant Planner Carmichael stated that the objective standards need to accommodate the maximum densities allowed by the general plan.
After discussion, Commissioners confirmed the consensus is to have no maximum limit on the amount of synthetic turf.
10. C OMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR REPORT
1. None
11. STATEMENTS AND REQUESTS FROM THE COMMISSIONERS
1. Commissioner Bronitsky shared that there will be a food distribution event at the Second Harvest Food Bank on Friday, October 20 th at 8:30 AM. This event is open to the local community, not just Foster City residents, and is aimed at addressing food insecurity. It takes place on the first and third Fridays of each month, providing food items such as chicken, vegetables, and staples to those in need. He also mentioned an upcoming opportunity to speak at a training for Planning Commissioners on October 30th, expressed excitement about the opportunity.
2. Commissioner Pedro mentioned looking forward to seeing Commissioner Bronitsky on October 30th for his presentation. He discussed his attendance at a citizens' Sustainability Advisory Committee meeting, where there was a focus on electrification. He later toured a decarbonized home in San Mateo. He recommended that homeowners, property managers, and housing providers consider replacing their water heaters and furnaces with electric heat pumps in anticipation of upcoming mandates, as it might be more cost - effective to do so now rather than later.
3. Commissioner Haddad was thankful for an excellent report presented by the City staff and consultant.
4. Chair Jagtiani expressed gratitude for a great report and promoted the upcoming Baybasi event starting tomorrow, October 20th . He recommended that everyone attend, emphasizing the presence of numerous food stalls, enjoyable music, and an improved location in Leo J. Ryan Park, making it even better than previous years.
12. ADJOURNMENT
Adjourned at 8:00 pm to November 2, 2023 Regular Meeting.
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PLANNING COMMISSION MINUTES OCTOBER 19, 2023
PASSED AND ADOPTED by the Planning Commission of the City of Foster City at a Regular Meeting thereof held on November 2, 2023 by the following vote:
AYES, COMMISSIONERS: Bronitsky, Pedro, Venkat and Chair Jagtiani
NOES, COMMISSIONERS:
ABSTAIN, COMMISSIONERS:
ABSENT, COMMISSIONERS: Haddad
___________________
RAVI JAGTIANI, CHAIR
ATTEST:
____________________________
SOFIA MANGALAM, SECRETARY
Ravi Jagtiani (Nov 8, 2023 15:49 PST)
Ravi Jagtiani
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PLANNING COMMISSION MINUTES OCTOBER 5, 2023
REGULAR MEETING OF THE FOSTER CITY PLANNING COMMISSION
M I N U T E S
OCTOBER 5, 2023
1. CALL TO ORDER
At 7:00 p.m. by Chair Jagtiani
This meeting was held as a hybrid meeting.
2. ROLL CALL
Present: Commissioners Bronitsky, Haddad, Pedro, and Chair Jagtiani
Absent: Commissioners Venkat
Staff Present: Sofia Mangalam, Community Development Director; Nori Jabba, Housing Coordinator ; and Denise Bazzano, Assistant City Attorney
3. COMMUNICATIONS FROM THE PUBLIC
1. None
4. CONSENT CALENDAR
1. MINUTES OF SEPTEMBER 7, 2023 REGULAR MEETING
ACTION: Commissioners approved the Minutes of September 7, 2023 Regular Meeting, passed 3-0-1-1 (Abstain: Bronitsky; Absent: Venkat)
5. CONTINUED PUBLIC HEARING
1. None
6. NEW PUBLIC HEARING
1. None
7. OLD BUSINESS
1. None
8. NEW BUSINESS
1. None
9. STUDY SESSION
1. TO PROVIDE AN OPPORTUNITY FOR THE PUBLIC AND THE PLANNING
COMMISSION TO REVIEW AND DISCUSS THE PROPOSED AMENDMENTS TO THE MUNICIPAL CODE TITLE 17 ZONING, CHAPTER 17.90 BELOW MARKET RATE
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PLANNING COMMISSION MINUTES OCTOBER 5, 2023
INCLUSIONARY HOUSING PROGRAM AND BELOW MARKET RATE (BMR) GUIDELINES – RZ2023-0008
Planning Commission Comments:
• Commissioner Bronitsky asked questions regarding the standards for occupancy management in Section 17.90.100 and whether they include preferences like living in Foster City or working for the City.
o Nori provided clarification that occupancy standards relate to the minimum and maximum number of people allowed in a unit and that preferences are determined through citywide resolutions, and deed restrictions specific to each project.
• Commissioner Bronitsky raised the issue of expiration dates for these units and suggested that the city should consider including language stating that the City will undertake efforts to determine whether an extension can be obtained when the expiration date is approaching, citing past experiences where this was not addressed early enough.
o Director Mangalam suggested discussing the addition of language regarding the evaluation of extensions for units with expiration dates with the City Attorney's office.
• Chair Jagtiani inquired about the costs associated with compliance and monitoring for Below Market Rate housing. He sought to understand if there had been a study of these costs, both from the property management or ownership side and the City side.
o Director Mangalam mentioned that while there is a significant time investment from the Housing Coordinator in discussing issues and providing training to property managers, there is currently no fee for monitoring compliance in the City's master fee schedule. It was mentioned that the City plans to propose a compliance fee, and such fees are typically paid by property managers based on the number of BMR units they manage.
o Nori explained that the compliance fee primarily covers the cost of reviewing annual reports, which are due annually from each property manager. While it does not fully cover the city's costs throughout the year, it helps offset the expenses associated with reviewing these reports.
Property managers are aware of these compliance requirements and include them in their pro forma when submitting development applications. • Chair Jagtiani inquired if there is currently information available regarding property managers who may be out of compliance with the requirements discussed. o Director Mangalam mentioned the current approach is to educate property managers about the BMR process rather than tracking instances of non - compliance. The existing guidelines lack clarity, but efforts are underway to update them for better guidance. Specific instances of non -compliance are not reported now; the focus is on guiding property managers through the process.
o Nori emphasized the importance of ensuring consistency in a certain task across all properties and wants all property managers to follow the same guidelines to facilitate audits and compliance monitoring, highlighting the value of clear guidance in achieving this goal.
• Chair Jagtiani asked about the preferences for workforce housing and what happens if applicants no longer meet the preferences (e.g., no longer working for the City or living in the City). He suggested considering annual checks on preferences to ensure ongoing eligibility.
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PLANNING COMMISSION MINUTES OCTOBER 5, 2023
o Nori explained that preferences are determined at the time of application for housing , and changes in employment afterward are not monitored annually.
o The City Attorney responded that they are open to exploring the possibility of implementing certain restrictions but expresse d concerns about potentially limiting people's freedom and livelihoods. The City Attorney emphasized that the City's main concern is the application period and suggested that imposing annual certification might have legal limitations.
However, the City acknowledges the existence of annual certification for income levels.
• Commissioner Bronitsky suggested adding language to the proposal to address the issue of the expiration of covenants for Below Market Rate housing units. He proposed that the City Council should engage property owners five years before the covenants expire to explore the feasibility of extending the covenants. The goal is to prevent the loss of such units and maintain affordability. • Commissioner Pedro emphasized the importance of promoting ownership of Below Market Rate units along with rental options. He suggest ed encouraging developers to consider ownership BMRs as they offer long-term affordability. • Commissioner H addad expresse d support for the 20% BMR requirement and hopes for an increase in the number of affordable units in the future. • Chair Jagtiani acknowledged Commissioner Bronit sky’s contributions in the past and the importance of achieving compliance and maintaining affordable housing in Foster City.
Overall, the Commissioners provide d positive feedback on the presentation and expressed their commitment to affordable housing initiatives in Foster City.
10. COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR REPORT
1. Director Man galam announced the next meeting will feature another Study Session scheduled for October 19th pertaining to amendments in the Municipal Code Chapters related to the New Chapter being created for Objective Design and Development Standards.
11. STATEMENTS AND REQUESTS FROM THE COMMISSIONERS
1. Commissioner Bronitsky expressed gratitude towards the staff for their excellent work and highlighted the income thresholds for qualifying for Below Market Rate housing in the area, emphasized the high cost of living in the region. He also shifted the conversation to a non-housing-related issue, mentioned that Second Harvest Food Bank, with the help of volunteers including Rotarians, provides food assistance on the first and third Fridays of the month at the Recreation Center from 8 to 10 in the morning. He encouraged those facing food insecurity to take advantage of this resource, emphasized that no questions are asked, and they aim to address food insecurity within the community.
2. Commissioner Pedro expressed satisfaction with the progress made during the Study Session and emphasized the importance of clear policies and guidelines for developers and applicants. He suggested that Foster City consider adopting a specific plan to simplify decisions, involve the public, and address residents' concerns about further development.
He cited Redwood City's downtown precise plan as a potential model and highlighted Foster City's suitability for such efforts. Commissioner Pedro also advocated for a specific plan to promote transparency, resident involvement, and future development planning.
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PLANNING COMMISSION MINUTES OCTOBER 5, 2023
3. Commissioner Haddad conveyed appreciation to the city staff for their report and efforts to initiate the discussed process.
4. Chair Jagtiani extended gratitude to the staff for their excellent report, for addressing their questions, and specifically thanked Nori.
12. ADJOURNMENT
Adjourned at 7.37 pm on October 19, 2023, Regular Meeting.
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PLANNING COMMISSION MINUTES OCTOBER 5, 2023
PASSED AND ADOPTED by the Planning Commission of the City of Foster City at a Regular Meeting thereof held on October 19, 2023 by the following vote:
AYES, COMMISSIONERS: Bronitsky, Haddad, Pedro, and Chair Jagtiani
NOES, COMMISSIONERS:
ABSTAIN, COMMISSIONERS:
ABSENT, COMMISSIONERS: Venkat
___________________
RAVI JAGTIANI, CHAIR
ATTEST:
____________________________
SOFIA MANGALAM, SECRETARY
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4 1
5 DATE: November 20, 2023
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Priscilla Schaus, Communications Director/City Clerk DEPARTMENT: Communications/City Clerk
SUBJECT: APPOINTMENT OF THREE MEMBERS TO THE PARKS AND
RECREATION COMMITTEE
RECOMMENDATION
It is recommended that the City Council interview and by Minute Order, consider the appointment of three citizens to new full terms from January 1, 2024 through December 31, 2026 on the Parks and Recreation Committee. With this appointment, the Parks and Recreation Commitee will have a full complement of seven members.
EXECUTIVE SUMMARY
The Parks and Recreation Committee consists of seven members with three members’ terms expiring December 31, 2023. The expansion of the Committee from five members to seven members was first approved by City Council at the March 12, 2021 City Council meeting on a temporary basis. At the October 3, 2022 City Council meeting, the expanded membership was extended to expire in 2028, providing time for the Committee to see several major projects through completion and ensure that appointments are made for a full three-year term.
A notice of recruitment for three members on the Parks and Recreation Committee was advertised on the City’s website, social media, starting on September 18, 2023 for six (6) weeks.
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4 1
5 Staff received six (6) applications (in alphabetical order) by the established deadline and one (1) application on October 27, but was postmarked prior to the deadline.
Applicants listed in alphabetical order are:
1. Ofer Yizhar-Barnea
2. Sirish Bindal
3. Eric Corpuz
4. Lisa Fong
5. Khalaf Hirmina
6. Andelina Jovanovic
7. Edlyn Yuen
All applicants have been invited to attend the November 20 City Council meeting for consideration of appointment.
California Environmental Quality Act
Not Applicable
FISCAL IMPACT
There is no fiscal impact.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement ATTACHMENTS:
Attachment 1 - Applications
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7.1 Attachment 1 - Applications
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Please list names of any community organizations or activities to which you belong or in which you have participated, including dates of participation and offices held, if any:
Board member in an NGO (Israel), "SciecneAbroad" since 2021 - advocating and consulting several long term community projects.
Head of UCSF "Bridge to Industry" postdoc action group. 2019-2021.
Please list individuals who are well acquainted with your personal and/or professional qualifications Tamir Meiri , Foster City Director (J&J)
Name Address Occupation Phone
Marlyne Hopper Foster Cit Retired
Name Address Occupation Phone
Name Address Occupation Phone
Please state reasons and objectives for desiring to become a member of this committee/commission:
As we have decided to place roots in Foster City, and me, my family and circle of friends, truly love this city, we all would like to help out and get more involved in what the city offers to its residents in their free time.
My personal agenda is to 1) promote community based, amateur sports events throughout the city and throughout the year, and 2) advocate and work towards bringing all sort of craft learning opportunities to the city's younger and older crowds.
I'm all for grass root initiative and willing to work with the diverse communities in Foster City to have their ideas be heard and even enabled by Foster City's Parks and Rec.
Please note, no attachments to this form will be accepted.
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4 8
0 DATE: November 20, 2023
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Priscilla Schaus, Communications Director/City Clerk DEPARTMENT: Communications/City Clerk
SUBJECT: CONSIDERATION OF ESTABLISHING LOCAL CAMPAIGN
CONTRIBUTION LIMITS AND VOLUNTARY CAMPAIGN
EXPENDITURE LIMITS
RECOMMENDATION
It is recommended that the City Council, by Minute Order, provide policy direction on whether Foster City should continue to default to the state limits or establish an ordinance for local campaign contribution limits and/or voluntary campaign expenditure limits.
EXECUTIVE SUMMARY
The Political Reform Act governs campaign contributions and expenditures and imposes limits on financial contributions. This law provides transparency to the public on who is contributing to candidate campaigns, how much is being contributed, and how funds are being used.
State law imposes limits on contributors for local and state candidates and defaults the limits for cities that do not have their own established limits. Assembly Bill 571 allows cities to adopt an ordinance that establishes their own contribution limits if they do not wish to default to the state limits.
Foster City currently does not have an ordinance regarding campaign contribution limits and defaults to the state limits.
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4 8
0 BACKGROUND/ANALYSIS
Campaign financing is regulated by the Political Reform Act of 1974 (the Act) which is overseen by the California Fair Political Practices Commission (FPPC). An aspect of the Act imposes campaign finance limits on candidates, limits contribution amounts from individuals and organizations, and requires candidates to file campaign statements that disclose all contributions received and expenditures made.
In 2021, through AB 571 - Mandatory Campaign Contribution Limits, state contribution limits automatically applied to cities that do not have a local campaign contribution ordinance and are updated biennially for inflation. This bill also allows cities to impose their own contribution limits if they do not wish to default to the state limits. If cities impose their own limits, the FPPC will not regulate campaign limits or enforce penalties.
When defaulting to the state limits, the FPPC regulates the administration and enforcement of penalties by a complaint basis. According to the FPPC website, the 2023-2024 state limits for local candidates, per election, is $5,500 for individual and organization contributors.
At the July 17, 2023 Regular Council meeting, Mayor Jon Froomin requested to agendize a discussion regarding campaign finance limits. Staff researched which local cities in San Mateo County have enacted campaign contribution limits and which default to the state limits.
Campaign Contribution Limits
Out of the 20 San Mateo County cities and towns, 14 cities default to the state limits and 6 cities have adopted ordinances establishing contribution limits.
There are 6 cities in the County that have their own contribution limits, varying by individual and organizational contribution, outlined below – City Individual
Contribution
Limit
Organization
Contribution
Limit
Enforcer Enforcement
Process
San Mateo $500 $1,000 City Clerk,
consults with
City Attorney
Reviews filings but
relies on candidates to
stay within limits
Belmont $500 $500 City Clerk Reviews filings but
relies on candidates to
stay within limits
Redwood
City
$1,000 $1,000 City Clerk,
consults with
City Attorney
Reviews filings but
relies on candidates to
stay within limits
Burlingame $350 $350 City Clerk Reviews filings but
relies on candidates to
stay within limits
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4 8
0 East Palo
Alto
$500 $500 City Clerk Reviews filings but
relies on candidates to
stay within limits
Half Moon
Bay
$250 $500 Unknown Unknown
Cities with their own established contribution limits are responsible for the enforcement of limits and penalties. Most cities’ enforcement practices are complaint driven. City staff review candidate statements, but they do not actively track dollar amounts for each contributor and rely on candidates to ensure they are staying within the limits. The City Clerk is usually the main enforcer, and Redwood City and San Mateo noted they work with their City Attorney in carrying out enforcement processes if they are notified of a violation. Candidates that violate their local provisions would be subject to the penalties identified in each cities’ ordinance. When defaulting to state limits, the FPPC would act as the enforcer.
Voluntary Expenditure Limits
Three cities have voluntary campaign expenditure limits where candidates would indicate their intention to abide by the limit when submitting their nomination documents during the candidate filing period. Candidates that opt in for the voluntary expenditure limits receive additional benefits in those cities that have adopted such limits. Redwood City‘s maximum limits are calculated by district population times $2.36 per resident, resulting in expenditure limits ranging from $27,000 to $30,000. If a candidate agrees to the voluntary expenditure limit, their photograph and a 400-word statement will be featured on the City’s website. Burlingame has a voluntary expenditure limit of $30,000 and if candidates agree to the limit, the City will identify the candidates on their social media, e-Newsletter and publish a notice in Chinese, English, and Spanish in the newspaper. San Mateo passed an ordinance on November 6, 2023 enacting voluntary campaign expenditure limits of $2.50 per resident. Depending on the district population, the expenditure limits range from $49,700 to $54,200 per candidate.
If the City Council provides direction to proceed with a campaign finance ordinance and/or voluntary campaign expenditure limits, staff will prepare and bring forth an ordinance for first reading at a subsequent meeting for City Council consideration.
These types of limitations on campaign activity could be time intensive for staff as the enforcer.
California Environmental Quality Act
This item 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.
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4 8
0 FISCAL IMPACT
There would be a cost associated with staff time and City Attorney fees for drafting a local campaign contribution ordinance. Also, there would be additional staff and legal time needed related to enforcement of a local campaign contribution limit as the FPPC was previously regulating the limits and penalties that fell under state limits.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement
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DATE: November 20, 2023
TO: President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, District Manager
Marlene Subhashini, Assistant District Manager
FROM: Andrew Brozyna, Public Works Director
DEPARTMENT: Public Works
SUBJECT: WASTEWATER TREATMENT PLANT MASTER PLAN
IMPROVEMENTS PROJECT (CIP 455-652) - CLEAN WATER
PROGRAM – THIRD QUARTER PROGRESS UPDATE
RECOMMENDATION
It is recommended that the Board of Directors of the Estero Municipal Improvement District (EMID) by Minute Order, receive and accept this Q3 progress update on the Wastewater Treatment Plant (WWTP) Master Plan Improvements Project (CIP 455- 652) – Clean Water Program (CWP). No further action is required by the EMID Board of Directors.
EXECUTIVE SUMMARY
This report summarizes the progress-to-date of the WWTP Master Plan Improvements Project (CIP 455-652) - CWP for the City of San Mateo/EMID WWTP for the months of July through September 2023. The report includes summary information about construction and other project activities over the third quarter of the calendar year.
BACKGROUND
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The CWP is a comprehensive Capital Improvement Program to rehabilitate the sanitary sewer collection system in the City of San Mateo and the treatment systems at the San Mateo WWTP. EMID has 24.12% ownership of the WWTP. In October 2014, the City of San Mateo retained Jacobs to serve as the Program Manager responsible for overseeing the management of the approximately $1 billion-dollar combined program, including the coordination of the design, construction, and start- up activities of this multi-year project.
To remain apprised of the progress of the portion of the CWP for which EMID is responsible (i.e., WWTP Nutrient Removal and Wet Weather Flow Management Upgrade and Expansion Project (WWTP Expansion Project)), the EMID Board of Directors requested that staff provide updates on a regular basis. The WWTP Expansion Project is being performed using a Construction Manager At Risk (CMAR) delivery method, whereby the contractor is involved in the project early in the design process and the City benefits from the contractor providing constructability input and insight to inform the design development.
The Program Manager and Construction Manager is Jacobs. The WWTP Expansion Project Design Engineer is HDR. The team for the disinfection improvements portion of the WWTP Expansion Project is Trussell Technologies.
HDR is also providing Engineering Services During Construction (ESDC). The CMAR is Sundt Construction Inc. (Sundt).
ANALYSIS
Construction Packages 1 & 2 – Site Preparation (Original Agreement with Sundt - $33,098,178) and Foundation Piles (Amendment No. 1 to the Agreement with Sundt - $17,716,049) are complete and currently in the closeout phase.
Construction Package 3 – WWTP Facilities (Amendment No. 2) is progressing well overall. Efforts by the Contractor to mitigate schedule impacts from multiple change events are ongoing. Major ongoing work includes yard piping, process mechanical, plumbing, HVAC, and electrical work throughout the treatment structure. Completion of the new treatment facilities and associated commissioning activities are currently anticipated to take place in Spring 2024. Training for the plant operators has started and will continue to ramp up between February to June 2024. Start-up and clean water testing is expected to occur in the April to May 2024 timeframe, with process seeding (the introduction of microorganisms into the wastewater being treated) and functional demonstration is expected to occur in mid-June 2024. The new liquid treatment processes are anticipated to be in full service by July/August 2024.
Construction of the Administration Building is nearing completion. Startup and commissioning (including LEED commissioning) activities are ongoing. The
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Administration Building associated sitework, such as site lighting, irrigation, landscaping, signage, parking lot, etc., will continue through December 2023. The City/WWTP Operations staff is planning to occupy the building in early 2024 in time for process startup and operations of the new WWTP. The overall work under Package 3 is anticipated to be complete within the current contract completion date.
QUARTERLY CONSTRUCTION REPORT
Attachment 1 consists of selected portions of the Quarterly Progress Report for July through September 2023 published by the Program Management Team on October 23, 2023, summarizing the budget, schedule, and project activities that have occurred during the third quarter of 2023 and activities that are anticipated to occur in the fourth quarter of 2023 for the following projects:
•WWTP Expansion Project (comprised of GMP-1, GMP-2, and GMP-3), •Immediate Action Projects (IAPs), and
•Annual Major Component Projects (AMCs).
Attachment 2 consists of a site plan showing the locations of the various process units being constructed as part of the projects.
Attachment 3 includes photographs of construction activities at the site over the past 3 months.
More detailed information including additional photographs and architectural renderings of the completed WWTP Expansion Project as well as real time video of the active construction, are available on the Clean Water Program Project site:
https://cleanwaterprogramsanmateo.org/wwtp/.
FINANCING
In addition to cash from the District’s and City of San Mateo’s wastewater enterprises, financing for the project consists of the following funding sources:
Revenue Bonds – The San Mateo Foster City Public Financing Authority (“PFA”) sold $270 million in revenue bonds in 2019 for Clean Water Program costs. The District’s share of the proceeds from that bond issue was $40,131,000. The WWTP 2019 bond funds were fully expended in July 2021.
The Program through the San Mateo-Foster City PFA is obtaining additional financing through the two programs as described below:
Water Infrastructure Finance and Innovation Act (WIFIA) - The PFA approved the
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close of the WIFIA loan in November 2020 in the total amount of $277.2 million (San Mateo share is $210.4 million and EMID share is $67.8 million). The WIFIA loan has excellent rates (1.32% for San Mateo and 1.14% for EMID). We have until August, 1, 2025 to start drawing on the WIFIA loan. 2021 Wastewater Revenue Notes, Series A (Estero Municipal Improvement District) - On July 1, 2021, the San Mateo-Foster City PFA issued $62.76 million of 2021 Wastewater Revenue Notes, Series A (EMID) to attain a cost savings (from lower interest rates than the WIFIA loan) of approximately $1.1 million for the financing of EMID’s share of WWTP project costs. These notes have a maturity date of August 1, 2025 when the City will draw on the WIFIA Loan to pay off the notes.
State Revolving Fund (SRF) –The SRF loan package, for a maximum loan amount of $137,000,000, was approved by the State with an interest rate not to exceed
1.6% (EMID’s share of the loan is $33,044,400). These funds are now available as part of the financial strategy for the project.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
A Programmatic Environmental Impact Report (EIR) was prepared for the WWTP Master Plan Improvements Project (State Clearinghouse No. 2015032006).
FISCAL IMPACT
There is no fiscal impact associated with receiving this update.
As described in the Quarterly Report provided as Attachment 1, the total forecast Estimate At Completion (EAC) for the WWTP Expansion Project is approximately $552.14 million, which is an increase of approximately $1 million (EMID share:
approximately $240,000) from the last quarterly update.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS
Attachment 1 – Selected Portions of Quarterly Progress Report – 3rd Quarter Report, July 1, 2023 to September 30, 2023
Attachment 2 – Wastewater Treatment Plant Site Plan
Attachment 3 – Construction Photographs
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GMP1 – Contract
Contractor Sundt
Award Date 5/6/2019
Construction NTP 6/4/2019
Duration (calendar days) 1124
Contracted Completion Date 7/1/2022
Total Original Contract Amount $33,098,178.00
Contingency Amount $1,725,000.00
Substantial Completion Date 2/1/2023
Current Contracted Amount $34,783,550.00
Actual Expended $31,630,697.00
GMP2 – Contract
Contractor Sundt
Award Date 5/4/2020
Construction NTP 5/5/2020
Duration (calendar days) 619
Contracted Completion Date 01/14/2022
Total Original Contract Amount $17,716,049.00
Contingency Amount $1,645,000.00
Substantial Completion Date 2/1/2023
Current Contracted Amount $17,963,767.00
Actual Expended $17,206,534.00
Active Wastewater Treatment Plant Projects
46T003 WWTP Nutrient Removal and Wet Weather Flow
Management Upgrade
Project Description:
The WWTP Upgrade and Expansion Project will replace aging infrastructure, provide capacity for wet weather flows, comply with regulatory requirements, enhance reliability, and produce a higher quality effluent that meets current and future permit requirements and Title 22 recycled water quality. Producing a higher quality effluent will enable the City to develop a water reuse Program.
GMP3 – Contract
Contractor Sundt
Award Date 9/21/2020
Construction NTP 9/22/2020
Duration (calendar days) 1563
Contracted Completion Date 1/2/2025
Total Original Contract Amount $379,880,747.00
Revised Contract Amount $383,790,833.00
Original Contingency Amount $13,900,000.00
Revised Contingency Amount $15,336,910.00
Forecast Completion Date 1/2/2025
Current Contracted Amount $395,988,119.00
Actual Expended $300,692,660.00
Current Period Activities
Project/Construction Management
• The Air Gap is scheduled to arrive in late October 2023 for the domestic water system. • Coordinating the Special Inspections Services
• Providing Construction Inspection Services
• Reviewing and recommending approval of change orders
• Administering the Consultant and Subconsultants contracts • Assisting with the Startup and Commissioning training of Plant Staff
July through September 20 23 P A G E 10
SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q3 2023
Project Inside
Project Manager Leswin DCunha
Project Type Wastewater System
Phase Construction
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• Monthly WWTP update meeting with Foster City management team.
Engineering Design/ Services During Construction
• Interpretive Signage: RHAA finalized the final design phase. • ESDC: HDR continued review of submittals and RFIs on GMP 3; development of design change notices; onsite and remote support by Resident Engineer. .HDR continuing the preparation of electronic Operations and Maintenance Manuals
Permitting
• Nothing to report.
Public Outreach
• PM/CM and the CWP Public Outreach Lead coordinated on regular project updates to the website, newsletter, social media, etc.
Construction
GMP-1
• Project close out is almost completed.
GMP-2
• Project close out has been sent to the City attorney for approval.
GMP-3
• Commissioning meetings were held to continue discussing start-up activities, including roles and responsibilities.
• Yard piping is complete except for final connection of the force mains to the Headworks schedule for May 2024.
• Continued to install Electrical (gear including cabinets, breakers, switches, conduit and wiring) and Mechanical Equipment (piping with structural supports, motors and pumps) in Areas 51 (Headworks), 52 (Primary Clarifiers),53 (Bio- Actiflo), 55 (BNR) and 56 (MBR).
• Continuing the installation of protective coatings in 52 . • Continue exterior of building, including installation of siding, installation of interior utilities, flooring and cabinetry for Area 80 (Admin. Building)
• Continue installation of interior work for the Warehouse • Earthwork - excavation, grading, and backfilling specifically around the entry of the Administration B uilding
July through September 2023 P A G E 11
SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q3 2023
8.1 Attachment 1 - Selected Portions of Quarterly Progress Report - 3rd Quarter Report, July 1, 2023 to September 30, 2023
320
Next Period Activities
Project/Construction Management
• HDR’s to continue to provide ESDC services including development of process O&M manuals, process training, expanded discipline-specific Resident Engineer services, and related known scope reflected in the contingency budget.
Engineering Design/Services During Construction
• ESDC: HDR to continue to provide onsite resident engineering services.
Permitting
• Record the WWTP Final Parcel Map with the County.
Public Outreach
• Provide project updates to the CWP Public Outreach Lead for monthly newsletter, website, and social media updates.
• Continue as-needed support in response to resident queries via the communication hotline.
Construction
GMP-1
• Close out project
GMP-2
• Close out project.
GMP-3
• Continue to install Electrical (gear including cabinets, breakers, switches, conduit and wiring) and Mechanical Equipment (piping with structural supports, motors and pumps) in Areas 51 (Headworks), 52 (Primary Clarifiers),53 (Bio-Actiflo), 55 (BNR) and 56 (MBR).
• Continue to install the protective coatings in Area 52. • Continue exterior of building, including installation of siding, installation of interior utilities, flooring and cabinetry for Area 80 (Admin. Building)
• Continue installation of the interior work for the Warehouse • Earthwork - excavation, grading, and backfilling specifically around the entry of the Administration B uilding
July through September 2023 P A G E 12
SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q3 2023
8.1 Attachment 1 - Selected Portions of Quarterly Progress Report - 3rd Quarter Report, July 1, 2023 to September 30, 2023
321
Risks and Opportunities
• Cal Water’s New Potable Water Main Extension: Completed • PG&E’s New Primary Service: Completed
• Relocation of PG&E’s Utilities from Detroit Drive: Completed
July through September 2023 P A G E 13
SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q3 2023
8.1 Attachment 1 - Selected Portions of Quarterly Progress Report - 3rd Quarter Report, July 1, 2023 to September 30, 2023
322
Financial Status
Current update shows an overrun ($18.43M) of original budget.
Millions
Budget $532.71
Actual Cost to date $455.66
Estimate at Completion $552.14
Schedule Status
Part of re-baseline efforts. Current forecast shows to be completed on time in January 2025.
July through September 2023 PA G E 14
SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q3 2023
8.1 Attachment 1 - Selected Portions of Quarterly Progress Report - 3rd Quarter Report, July 1, 2023 to September 30, 2023
323
46T009 IAP Package II
Project Description:
Replace and repair aging infrastructure at the WWTP by adding screening, flexibility, and redundancy for WWTP solids processes. The project includes: (1) Mechanical bar screen and repair of concrete wall at the IJB; (2) Effluent PS #1 pumping and piping improvements; (3) replace two of the oldest pumps in PS #1; (4) Cake pumping system: add second cake pumping system; and (5) Second cake hopper system: add a second cake hopper, slide gate, access walkway, and platform.
Current Period Activities
Project/Construction Management
• Coordinated City negotiations with Contractor for time extension / delays.
Worked with Contractor on Cake pump issues.
Engineering Design/ Services During Construction
(Various)
• Stantec ESDC is ongoing through the remainder of its construction period.
Permitting
No activities this period.
Public Outreach
No activities this period.
Construction
Immediate Action Projects, Package II (IAP II)
Installation of Hopper Modifications
Next Period Activities
Project/Construction Management
Continued change management support.
Engineering Design and Engineering Services During Construction Stantec ESDC is ongoing through the remainder of its construction period. Continue review of submittals and RFI.
Permitting
No activities this period.
July through September 2023 Page 38
SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q3 2023
Project Inside
Project Manager Tyler Kirkendall
Project Type Wastewater System
Phase Construction
Design Firm Stantec, HDR
IAP II – Contract
Contractor Myers & Sons
Award Date 2/11/2019
Construction NTP 2/19/2019
Duration (calendar days) 848
Contracted Completion Date 6/14/2021
Contract Amount $6,340,000
Contingency Amount $1,144,000
Forecast Completion Date 3/31/2024
Current Contracted Amount $7,167,599
Actual Expended $7,142,099
8.1 Attachment 1 - Selected Portions of Quarterly Progress Report - 3rd Quarter Report, July 1, 2023 to September 30, 2023
324
Public Outreach
No activities this period.
Construction
Immediate Action Projects, Package II (IAP II)
Work with Contractor to Complete fix to the cake pump issues.
Risks and Opportunities
Sludge Cake Hopper No. 1 has not successfully completed start-up testing. Contractor working to identify issue affecting Cake Pump No. 1 and requested both design engineer and Vendor assistance in their troubleshooting of Cake Pump No. 1. Design Engineer provided new sludge cake measurement technology selection in DC 8, which was issued to the Contractor in September. City contracted with a third party to provide recommendations for fixing the Cake pump. The third party has recommended removal of welded pipe and installation of new piping. City working with Contractor for a solution. Delays to the project by sludge cake pumping system will result in significant delays to the project.
Financial Status
Current update shows an overrun ($4.45M) of original budget.
Millions
Budget $13.02
Actual Cost to date $12.99
Estimate at
Completion
$17.56
Schedule Status
Project schedule temporary on hold while issues are being resolved. Anticipat es construction to be completed by March 31, 2024
July through September 2023 P A G E 39
SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q3 2023
8.1 Attachment 1 - Selected Portions of Quarterly Progress Report - 3rd Quarter Report, July 1, 2023 to September 30, 2023
325
46T010 IAP Package III
Project Description:
Upgrade aging infrastructure and increase reliability for the effluent PS at the WWTP. Improvements include perform hydraulic analysis on the effluent PS and flow meters; replace MCCs P1, P2, P3, and P4 in the Main Structure Building; add variable-frequency drives (VFDs) and check valves on stormwater pumps; replace check valves (3) for dry weather pumps; replace MCCs/VFDs (4) and control panels (4) for dry weather pumps; and replace doors (3) and windows (10), repair roof, and add HVAC for the PS.
Current Period Activities
Project/Construction Management (City/TBD)
Project Bid opened on April 6, 2023
Project awarded to Mountain Cascade for $11,703,696
EAC revised to $17,587,506.
City to advertise for Project Management Consultant
Engineering Design/ Services During Construction (HDR)
None reported.
Next Period Activities
Project/Construction Management (City/Tanner Pacific)
Construction Management by Tanner Pacific.
Engineering Design/ Services During Construction
HDR to begin EDSC.
Risks and Opportunities
Rescoping the project push out the completion date of the project.
Financial Status
The current update shows an overrun ($15.12M) of the original budget.
Budget
$2.47
million
Actual Cost to date
$1.29
million
Estimate at Completion $17.59 million
Schedule Status
Current forecast shows final completion in May 2025.
July through September 2023 P A G E 40
SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q3 2023
Project Inside
Project Manager TBD
Project Type Wastewater System
Phase Engineering
8.1 Attachment 1 - Selected Portions of Quarterly Progress Report - 3rd Quarter Report, July 1, 2023 to September 30, 2023
326
46T090 Annual Major Component WWTP
Project Description:
Maintain reliable plant operations to meet regulatory permit requirements and repair and replace critical WWTP
infrastructure. The operations and maintenance team maintain an active list of potential projects that are implemented as funds are available.
Current Period Activities
Project/Construction Management (City/ TBD)
City to advertise for Project Management Consultant
Additional AMC project
Update WWTP Biosolids and Energy Management Plan
Digester 1 Improvements
Centrifuge and Centrifuge Feed Pump Replacement
Solids Handling Systems I&C Improvements
Digester Transfer Pump Project
3 Water Pumping Improvements
DAFT Corrosion Improvements
Digest 2 Mixer Repair/Replacement
Permitting (Various)
None
Construction
Digester Transfer Pump Project to be awarded in November 2023 Next Period Activities
Project/Construction Management (City/ Tanner Pacific)
None
Engineering Design/ Services During Construction
Design Consultants working on the AMC projects.
Permitting
N one
Construction
None
Risks and Opportunities
AMC 36 Centrifuge Conveyor Replacement is on hold.
July through September 2023 P A G E 41
SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q3 2023
Project Inside
Project Manager TBD
Project Type Wastewater System
Phase Engineering
8.1 Attachment 1 - Selected Portions of Quarterly Progress Report - 3rd Quarter Report, July 1, 2023 to September 30, 2023
327
Financial Status
Project shows EAC over budget.by $1.06 million
Millions
Budget $8.92
Actual Cost to date $1.59
Estimate at Completion $12.76
Schedule Status
AMC 6 +23 was completed in November 2022.
3 Water Pumping Improvement project to be out to bid in November 2023 AMC Digester Transfer Pump project to be awarded in November 2023 All other AMC projects are in the predesign phase.
July through September 2023 P A G E 42
8.1 Attachment 1 - Selected Portions of Quarterly Progress Report - 3rd Quarter Report, July 1, 2023 to September 30, 2023
328
Completed Projects
Wastewater Treatment Plant Projects
Updated to latest values from EDEN (January 2020)
Name
Start Date
Finish
Date
Actual Cost
469948: SCADA Immediate Projects: Phase 2 (IAP) 1/2/2015 11/25/2015 $1,524,717 469962: Short-Term MCC Replacement Project (IAP) 1/2/2015 11/25/2015 $49,628 469973: Secondary System: Immediate Projects: SCs 1-4 and return- activated sludge Pump Values (IAP)
1/2/2015 11/25/2015 $426,918
469975: Solids: Immediate Projects: GT 1&2 (IAP) 1/2/2015 11/25/2015 $372,358 469976: Immediate Projects: Boiler Replacement 1/2/2015 4/29/2016 $475,296 469978: Solids Building: Immediate. Projects: Centrifuge Hoist Project (IAP) 1/2/2015 11/25/2015 $2,410 46T002 IAP Package I 8/1/2018 8/28/19 $18,621,868
TOTAL $21,472,951
July through September 2023 P A G E 43
SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q3 2023
8.1 Attachment 1 - Selected Portions of Quarterly Progress Report - 3rd Quarter Report, July 1, 2023 to September 30, 2023
329
WASTEWATER TREATMENT PLANT SITE PLAN
Attachment 2
Area 64
Area 52
Area 80
Area 51Area 51
Area 53
Area 55
Area 56
8.1 Attachment 2 - Wastewater Treatment Plant Site Plan
330
View of Areas 51and 64 -Ongoing Work September 30,2023
June 30,2023
July through September 2023 P A G E 15
8.1 Attachment 3 - Construction Photographs
331
Area 51 Headworks Piping September 29,2023
June 30, 2023
July through September 2023 PAGE 16
Foster City Influent Force Main
8.1 Attachment 3 - Construction Photographs
332
Area 51 Preliminary Screens Area September 29, 2023
June 30, 2023
July through September 2023 PAGE 17
8.1 Attachment 3 - Construction Photographs
333
Area 51Electrical Room September 30, 2023
June 30, 2023
July through September 2023 PAGE 18
8.1 Attachment 3 - Construction Photographs
334
Area 51Dumpster Bay September 29, 2023
Area 51Grit Washers September 29, 2023
July through September 2023 PAGE 19
8.1 Attachment 3 - Construction Photographs
335
Area 64Odor Control Area September 29, 2023
June 30, 2023
July through September 2023 PAGE 20
8.1 Attachment 3 - Construction Photographs
336
View of Areas 52, 53, 55, and 56- Ongoing Work September 30, 2023 June 30, 2023
July through September 2023 P A G E 21
8.1 Attachment 3 - Construction Photographs
337
Area 52Primary Clarifiers September 29,2023
June 30, 2023
July through September 2023 P A G E 22
8.1 Attachment 3 - Construction Photographs
338
Area 52 Preliminary Effluent Pump Station September 29, 2023 June 30, 2023
July through September 2023 P A G E 23
8.1 Attachment 3 - Construction Photographs
339
View of Areas 56 - Ongoing Work September 30,2023
June 30, 2023
July through September 2023 P A G E 24
8.1 Attachment 3 - Construction Photographs
340
July through September 2023 Page 25
8.1 Attachment 3 - Construction Photographs
341
July through September 2023 Page 26
8.1 Attachment 3 - Construction Photographs
342
Area 56MBR Cartridge Trains September 29, 2023
Area 56Blowers Room September 29, 2023
July through September 2023 Page 27
8.1 Attachment 3 - Construction Photographs
343
View of Area 80 –Ongoing Work September 30, 2023
June 30, 2023
July through September 2023 Page 28
8.1 Attachment 3 - Construction Photographs
344
Area 80 Admin Building Exterior North elevation September 29, 2023 June 30, 2023
July through September 2023 Page 29
8.1 Attachment 3 - Construction Photographs
345
East Elevation September 29, 2023
June 30, 2023
July through September 2023 Page 30
8.1 Attachment 3 - Construction Photographs
346
July through September 2023 Page 31
8.1 Attachment 3 - Construction Photographs
347
July through September 2023 Page 32
8.1 Attachment 3 - Construction Photographs
348
July through September 2023 Page 33
8.1 Attachment 3 - Construction Photographs
349
June 30, 2023
July through September 2023 Page 34
8.1 Attachment 3 - Construction Photographs
350
July through September 2023 Page 35
8.1 Attachment 3 - Construction Photographs
351
July through September 2023 Page 36
8.1 Attachment 3 - Construction Photographs
352
July through September 2023 Page 37
8.1 Attachment 3 - Construction Photographs
353
DATE: November 20, 2023
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Edmund Suen, Finance Director
SUBJECT: FISCAL YEAR 2023-24 FIRST QUARTER FINANCIAL UPDATE
RECOMMENDATION
It is recommended that the City Council, by Minute Order, receive and accept the report on the Fiscal Year 2023-24 First Quarter Financial Update.
EXECUTIVE SUMMARY
Attached is the FY 2023-24 First Quarter Financial Update report. It is important to note that the City’s revenues are non-linear as they are not received evenly over the course of the fiscal year. As an example, the County pays most of its property tax to the City in December and April of each fiscal year. Since property taxes account for over 60% of the City’s General Fund revenues, total General Fund revenues in the first quarter are normally low, as is the case with the current quarter.
The City’s adopted FY 2023-24 General Fund budget (Funds 001-003) has a $6.32 million deficit, including a $6.0 million transfer to the City’s Capital Improvement Projects Fund.
General Fund revenues (Funds 001 to 003) for the First Quarter were $4.33 million compared to $8.74 million for the same quarter last year as the City received the 2nd and final tranche of the $4.05 million in American Rescue Plan Act (ARPA) relief monies in FY 2022-23. The property tax in lieu of VLF
8.2 8.2 Staff Report
354
backfill for FY 2022-23 was $2.01 million vs. $667,000 this fiscal year.
Notwithstanding, transient occupancy tax (TOT) for July and August improved from $489,000 to $663,000. Sales tax revenues climbed from $247,000 to $294,000 over the two-month period. Based on trends over the past fifteen- month going back to the beginning of FY 2022-23, staff is increasing the FY 2023-24 revenue estimates for these two revenues categories and business license tax by $522,000, $390,000, and $120,000 respectively. Recreation Center program revenue for the 1st quarter was $819,000, a $209,000 improvement from last year. Interest income also experienced year-over- year gains of $429,000 as Federal Funds rates have stayed higher and for a longer period.
Due to the stronger FY 2022-23 revenue results and expected revenue growth trends, staff is increasing estimated FY 2023-24 General Fund revenues by $1.03 million which will help alleviate our budgeted General Fund deficit of $6.32 million.
General Fund expenditures were $13.5 million or $6.6 million lower than the prior year’s mark of $20.1 million. Due to the availability of investment returns of approximately 5.5%, City staff opted not to prepay its unfunded accrued liability (UAL) to CalPERS in July of this fiscal year and instead make its 12 monthly payments. This amounted to a cash outflow difference of $5.67 million ($1.84 million vs. $7.51 million). In addition, the City made just the 1st quarterly funding payments of $2.29 million to SMC Fire Department for the current fiscal year, but made both the 1st and 2nd quarterly funding payments totaling $4.36 million ($2.18 million for each quarter) in the 1st quarter of the prior fiscal year. Wage COLA for FY 2023-24 increased by 4.2% for the POA bargaining unit as well as the Management unit. No COLA payment was made in the 1st quarter for the AFSCME unit as that labor agreement wasn’t finalized until October 2023. As was presented at the November 6, 2023 City Council meeting, the City closed out FY 2022-23 with a $58.6 million General Fund reserve, which represents 100% of budgeted FY 2023-24 operating expenditures.
BACKGROUND & ANALYSIS
The City Council and City staff have committed to provide quarterly financial updates at City Council meetings to review quarterly financial performance and identify general economic trends and specific issues that may affect, positively and negatively, the City’s financial situation.
8.2 8.2 Staff Report
355
The report is intended to provide high level financial information for the City Council, City Departments, and the community as a whole. Supplemental revenue and expenditure analyses are also provided for those readers desiring more detailed financial information.
FISCAL IMPACT
There is no fiscal impact associated with the acceptance of this report.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Staff Empowerment and Operational Excellence
Attachments:
•Attachment 1 - Foster City Financial Update FY 2023-24 Q1 (for the three months ended September 30, 2023)
•Attachment 2 - Change in Fund Balances (for the three months ended September 30, 2023)
•Attachment 3 - Comparison of Budget vs. Actual and Prior Year’s Revenues (for the three months ended September 30, 2023) •Attachment 4 - Comparison of Budget vs. Actual and Prior Year’s Expenditures (for the three months ended September 30, 2023)
8.2 8.2 Staff Report
356
Live, Work & Play
in Foster City
City of Foster City
Financial Services Dept.
Based on the strong results in FY 22/23 and continued growth trends, staff is increasing estimated FY 23/24 General Fund revenues by $1.03 million which will help alleviate a budgeted General Fund Deficit of $6.32 million
The adopted FY 23/24 General Fund budget (Funds
001 to 003) included a projected deficit of $6.32
million, inclusive of a $6.0 million transfer out to
the City’s Capital Improvement Projects Fund.
Due to the stronger FY 22/23 revenue results and
expected revenue growth trends for transient oc-
cupancy tax, sales tax, and business license tax,
City staff is increasing the total projected General
Fund revenues by $1.03 million.
Total General Fund Revenues (Funds 001 to 003)
in the 1st quarter were $4.33 million compared to
$8.74 million in FY 22/23. This is due primarily to
the 2nd and final tranche of American Rescue Plan
Act (ARPA) relief monies received
in FY 22/23 and
the larger amount of Pr operty Tax in-lieu of VLF
backfill last year vs. this fiscal year ($2.01 million vs $667,000 respectively).
It is important to note that the City’s revenues are
non-linear and are not receiv ed evenly by the City
over the course of the fiscal year. As an example,
most property tax revenues are paid by the Coun-
ty to the City in December and April. Since prop-
erty taxes account for over 60% of total General
Fund revenues, total first quarter revenues are
normally low, as is the case for the current fiscal
year. Notwithstanding, transient occupancy tax
(TOT), sales tax, and recreation program/class rev-
enues were $663,000, $ 294,000, and $819,000
respectively compared to the prior year’s results
of $489,000, $247,000, and $610,000. Recreation
Center program revenue for the 1st quarter was
$819,000, a $209,000 improvement from last year.
With the Federal Funds rate remaining at its cur-
rent 5.25% to 5.50% level and expectations of a
rate cut not occurring before May 2024, the City’s
FY 23/24 interest earnings will likely exceed last
year’s results.
General Fund expenditures (Funds 001 to 003) to-
taled $13.5 million or $6.6 million lower than the
prior year’s mark of $20.1 million. Due to the
City’s available investment yield of approximately
5.5%, staff opted not to pr epay this entire year’s
required unfunded accrued liability (UAL) to CalPERS
at the end of July and inst ead make its 12 monthly
payments. This amounted to a cash outflow differ-
ence of $5.67 million ($1.84 million vs. $7.51 million).
In addition, the City made just the 1st quarterly fund- ing payments of $2.29 million to SMC Fire Depart-
ment for the current fiscal year, but made both the
1st and 2nd quarterly funding payments totaling $4.36
million ($2.18 million for each quarter) in the 1st
quarter of the prior fiscal year. Wage COLA for FY
2023-24 increased by 4.2% for the POA bargaining
unit as well as the Manage ment unit. No COLA pay-
ment was made for the AFSCME unit in the 1st quar-
ter as that labor agreement wasn’t finalized until Oc-
tober 2023. In terms of th e first quarter’s perfor-
mance from a budget perspective, General Fund ex-
penditures were at 22.8% of the annual total.
Water Enterprise operating revenues were $468,000
higher than last year as water consumption and fixed
charges increased by 4.3% and 6.0% respectively. Op-
erating expenditures were $3.60 million or $265,000
higher than the same period last year. Wastewater
Enterprise Fund operating revenues totaled $3.43
million or 642,000 higher than the same period in the
prior year as base rates were increased by 3.0% ef-
fective July 1, 2023 primarily to fund debt service
costs associated with the District’s financing of its
$156 million share of the Wastewater Treatment
Plant (WWTP) Master Improvements project with
the City of San Mateo. Operating expenditures were
$1.37 million or $132,000 higher than the same peri-
od last year.
While the organization still has multiple staff vacan-
cies with recruitment being a high priority, we are
happy to have hired a new Administrative Services
Director overseeing Human Resources, Risk Manage-
ment, and Information Tec hnology. The projected
multi-year deficits, impacts from CalPERS’ negative
6.1% returns in FY 21/22 and a 5.8% return in FY
22/23, higher labor costs, and higher Recreation Cen-
ter rebuild costs are some of the challenges as City
staff begins the preparation of the FY 24/25 budget
and 5-year financial plan in the upcoming weeks.
Foster City Financial
Update FY 23/24 Q1
8.2 Attachment 1 - Foster City Financial Report FY 2023-24 Q1
357
CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT
CHANGE IN FUND BALANCES
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2023
CAPITAL ASSETS/ AVAILABLE
TOTAL
FUND
ACTUAL
FY 2023-24
REVENUES
3 MONTHS
ACTUAL
FY 2023-24
TOTAL
FUND
NON-SPENDABLE/ (UNRESTRICTED)
RESTRICTED/
COMMITTED/
ASSIGNED*
FUND
BALANCE
AS OF 7/1/2023
EXPENDITURES
3 MONTHS
TRANSFERS
IN
TRANSFERS
OUT
BALANCE
AS OF 9/30/23
BALANCE
AS OF 9/30/23*
001 GENERAL FUND
002 EMID
003 RECREATION
GENERAL FUND (001-003)
$
$
$
$
$
$
$
$
$
$
$
$
56,921,885
1,845,803
36,980
$
$
$
$
$
$
$
$
$
$
$
$
3,084,589 $ (12,649,215) $ (6,000,000) $
$
$
$
$
$
$
$
$
$
$
$
41,357,259
2,102,498
183,556
43,643,313
1,180,739
42,207
$
$
(150,653) $
$
$
$
$
$
$
$
$
$
$
$
41,206,606
2,102,498
183,556
43,492,660
1,180,739
42,207
256,695
992,981
4,334,265
13,346
474
$
$
$
$
$
$
$
$
$
$
$
- -
(868,353) $ 21,948
58,804,668
1,180,393
41,733
(13,517,568) $ 21,948 $ (6,000,000) $
$
$
$
$
$
$
$
$
(150,653)
005
006
007
008
009
010
011
012
GENERAL FUND - COMMUNITY BENEFITS PROGRAM
GENERAL FUND - DARE
(13,000) $
$
$
$
$
$
$
$
- $
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- -
GENERAL FUND - SOLAR INCENTIVE GRANT PROGRAM
GENERAL FUND - RENTAL ASSISTANCE PROGRAM
GENERAL FUND - ASSET SEIZURE/FORFEITURE
GENERAL FUND - PENSION STABILIZATION
GENERAL FUND - FACILITIES REPLACEMENT
GENERAL FUND - SUSTAINABLE FOSTER CITY
68,884 730 (8,000) - 61,614 61,614
61,859 703 - - 62,562 62,562
24,853 283 - - 25,136 25,136
94,514 1,075
28,137
2,929
-
-
-
-
95,589 95,589
2,474,874
207,804
2,503,011
259,209
2,503,011
259,209(1,524) 50,000
TOTAL ALL GENERAL FUND (FUNDS 001-009) $ 62,959,582 $ 4,381,942 $ (13,540,092) $ 71,948 $ (6,000,000) $ 47,873,380 $ (150,653) $ 47,722,727
SPECIAL REVENUE FUNDS
101 TRAFFIC SAFETY
102 MEASURE "A"
103 GAS TAX
104 PARK-IN-LIEU FEES
105 MEASURE "M"
108 SLESF/COPS GRANT
114 CALOPPS
116 FOSTER CITY FOUNDATION
119 SB 1 ROAD MAINTENANCE AND REHAB
122 HOUSING SUCCESSOR-LMIHF
124 FC AFFORDABLE HOUSING FUND
125 SUSTAINABLE FOSTER CITY FUND (MOVED TO FUND 012)
127 BAERS (PROGRAM WAS CLOSED OUT IN FY 2020-21)
128 GENERAL PLAN MAINTENANCE
129 CONSTRUCTION AND DEMO RECYCLING
130 TECHNOLOGY MAINTENANCE
131 SB 1186
132 SMIP FEE
133 CRV GRANT FUND
134 CURBSIDE RECLYCLING
135 GREEN BUILDING FEE
136 MEASURE W
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
7,497
4,686,950
517,184
2,902,945
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
3,360
215,838
175,193
33,003
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
(15,000) $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
- $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
(4,143)
4,409,480
240,990
2,935,948
(100,000)
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
- $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
(4,143)
649,200
(285,974)
2,190,513
(100,000)
-
(493,308) - (3,760,280)
(451,387) - (526,964)
- - (745,435)
(100,000) - -
- - - - -
459,335
413,212
863,817
2,441,355
4,642,671
-
391,372
10,400
80,888
52,952
19,096
-
(68,005) - 782,702
364,454
944,705
2,469,240
4,633,532
-
- 782,702
364,204
489,648
2,469,240
4,633,532
-
(37,210) (21,948) (250)
- - (455,057)
(25,067) - -
(28,235) - -
- - -
- - - - - - -
1,927,194
758,768
226,770
39,618
5,385
181,161
28,804
30,477
992
(21,508) - 2,086,847
736,671
241,142
40,610
5,457
- 2,086,847
736,671
241,142
40,610
5,457
(901) (50,000) -
(16,105) -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- -
72 - -
14,124
253,249
6,928
154 (560) 13,718
256,128
7,186
- 13,718
256,128
7,186
2,879
258
- -
- -
1,234,883
588,598
234,143
158,351
22,418
31,221
-
46,435
6,692
2,662
138,101
5,797
374
(240,215) 1,041,103
595,290
236,805
247,919
28,215
31,595
-
(575,000) 466,103
595,290
236,805
247,919
28,215
31,595
-
137 COMMERCIAL LINKAGE FEE
138 TENANT RELOCATION ASSISTANCE
139 WORKFORCE HOUSING
140 EQUIPMENT REPLACEMENT-WORKFORCE HOUSING
141 SB 1383 IMPLEMENTATION
142 PARK FACILITIES IMPACT FEE
143 PUBLIC SAFETY IMPACT FEE
144 TRANSPORTATION IMPACT FEE
- -
-
-
-
-
-
-
-
-
(48,533)
-
-
-
-
-
-
- - - -
- - - -
TOTAL SPECIAL REVENUE FUNDS $ 22,436,616 $ 1,426,960 $ (1,546,034) $ - $ (71,948) $ 22,245,594 $ (6,062,986) $ 16,182,608
8.2 Attachment 2 - Change in Fund Balances
358
CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT
CHANGE IN FUND BALANCES
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2023
CAPITAL ASSETS/ AVAILABLE
TOTAL
FUND
ACTUAL
FY 2023-24
REVENUES
3 MONTHS
ACTUAL
FY 2023-24
TOTAL
FUND
NON-SPENDABLE/ (UNRESTRICTED)
RESTRICTED/
COMMITTED/
ASSIGNED*
FUND
BALANCE
AS OF 7/1/2023
EXPENDITURES
3 MONTHS
TRANSFERS
IN
TRANSFERS
OUT
BALANCE
AS OF 9/30/23
BALANCE
AS OF 9/30/23*
DEBT SERVICE FUNDS
230 LEVEE DEBT SERVICE FUND
231 LEVEE DEBT SERVICE FUND -2023 GO BONDS
$
$
5,505,921
-
$
$
25,412 $
$
(4,229,256)
-
$
$
-
-
$
$
-
-
$
$
1,302,077
226,344
$
$
-
-
$
$
1,302,077
226,344226,344
CAPITAL PROJECTS FUNDS
301 CIP PROJECTS-CITY
326 CAPITAL ASSET ACQUISITION AND REPLACEMENT FUND
327 LEVEE PROJECT FUND
328 LEVEE PROJECT FUND - 2023 GO Bonds
TOTAL CAPITAL PROJECTS FUNDS
$
$
$
$
$
77,484,135
2,880,117
5,080,547
-
$
$
$
$
$
1,043,045
313,278
$
$
$
$
$
(1,876,221) $ 6,000,000 $
$
$
$
$
82,650,959
3,193,395
1,567,984
4,951,233
92,363,571
$
$
$
$
$
(67,290,465) $
$
$
$
$
15,360,494
3,193,395
(2,970,791)
4,951,233
20,534,331
-
(3,546,308)
-
$ - -
(4,538,775)
-
33,745
4,951,233
6,341,30185,444,799 (5,422,529) $ 6,000,000 $ - (71,829,240)
ENTERPRISE FUNDS
401 WATER REVENUE
405 CIP-WATER
$
$
$
$
$
$
$
$
$
$
$
$
$
10,347,049
28,827,164
4,070,150
1,206,901
27,456,097
2,000,000
(38,478,808)
157,697,380
1,478
$
$
$
$
$
$
$
$
$
$
$
$
$
3,457,270 $
$
$
$
$
$
$
$
$
$
$
$
$
(3,599,837) $
$
$
$
- $
$
$
$
$
$
$
(1,120,000) $
$
$
$
$
$
$
$
$
$
$
$
$
9,084,482
29,842,532
4,171,738
1,220,622
12,784,856
2,000,000
(37,739,583)
166,723,402
4,275
$
$
$
$
(729,059)
(26,300,406)
(169,174)
-
$
$
$
$
$
$
$
$
$
$
$
$
$
8,355,423
3,542,126
4,002,564
1,220,622
12,784,856
2,000,000
(37,739,583)
63,245,506
4,275
- (104,632) 1,120,000 -
408 WATER EQUIPMENT REPLACEMENT
409 WATER CONNECTION FEES
451 WASTEWATER REVENUE
453 WASTEWATER RATE STABLIZATION
454 SM-FC PUBLIC FINANCING AUTHORITY LOAN
455 CIP-WASTEWATER
456 WASTEWATER PLANT EXPANSION
458 WASTEWATER EQUIPMENT REPLACEMENT
459 WASTEWATER NOTES/WIFIA LOAN
460 WASTEWATER CONNECTION FEES
461 STATE REVOLVING LOAN FUND
112,024 (10,436) -
-
-
13,721 - -
(16,734,175)
(2,089,225)
-
3,435,428 (1,372,494)
-
-
- $
$
$
$
$
$
$
$
2,089,225 $
$
$
$
$
$
$
$
-
(1,350,000) 2,089,225 -
- (2,473,978) 11,500,000 (103,477,896)
2,797
85,739
31,757
3,951
-
- - $
$
-
-
-
4,027,644
(59,130,828)
347,531
(153,113) - 3,960,270
(57,524,901)
351,482
(1,583,675) 2,376,595
(57,524,901)
351,482
(1,570,780) 3,144,950 -
-
-
-
-
-
-
$
$
-
-- - -
TOTAL ENTERPRISE FUNDS $ 138,371,758 $ 7,142,687 $ (10,635,270) $ 19,943,400 $ (19,943,400) $ 134,879,175 $ (132,260,210) $ 2,618,965
INTERNAL SERVICE FUNDS
501 VEHICLE RENTAL FUND
502 EQUIPMENT REPLACEMENT FUND
503 SELF INSURANCE FUND
504 INFORMATION TECHNOLOGY
505 BUILDING MAINTENANCE
507 LONGEVITY RECOGNITION PLAN
508 PEMHCA FUND
$
$
$
$
$
$
$
$
7,918,310
9,107,957
973,000
$
$
$
$
$
$
$
$
563,757
97,827
$
$
$
$
$
$
$
$
(288,825)
-
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
$
$
$
$
$
$
$
$
8,193,242
9,205,784
(25,720)
$
$
$
$
$
$
$
$
(1,491,212) $
$
$
$
$
$
$
$
6,702,030
6,660,075
(25,720)
(2,545,709)
385,024
714,192
990,002
89,538
(1,383,744)
(518,525)
(525,884)
(54,535)
(53,629)
(14,252)
-
-
-
-
-
-
5,900,800
8,073,496
2,660,354
6,287,274
3,464,914
6,096,467
8,537,614
2,695,357
6,369,190
3,626,671
6,096,467
8,537,614
2,695,357
6,369,190
3,626,671
135,545
176,009
$
$
-
-509 COMPENSATED ABSENCES FUND
TOTAL INTERNAL SERVICE FUNDS $ 44,386,105 $ 3,151,894 $ (2,839,394) $ - $ - $ 44,698,605 $ (4,036,921) $ 40,661,684
FIDUCIARY FUND
604 SUCCESSOR AGENCY
607 TOURISM ASSESSMENT
608 SMC FIRE
$
$
$
(590,865) $
$
$
1,376
-
$
$
$
(1,337)
-
$
$
$
-
-
-
$
$
$
-
-
-
$
$
$
(590,826) $
$
$
-
-
-
$
$
$
(590,826)
-
-
- -
32,596 (24,364) 8,232 8,232
TOTAL CITY / EMID FUNDS $ 358,513,916 $ 22,730,512 $ (38,238,276) $ 26,015,348 $ (26,015,348) $ 343,006,152 $ (214,340,010) $ 128,666,142 $ -
* Available Balance excludes Capital Assets and Non-Spendable, Restricted, Committed, and/or Assigned Funds, including Prepayments, Inventory, Garbage Stabilization Reserve, unrealized investment gains, and unspent funds for previously approved CIP projects.
8.2 Attachment 2 - Change in Fund Balances
359
CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT COMPARISON OF BUDGET VS. PROJECTED ACTUAL REVENUES
BUDGET VS ACTUAL & CURRENT VS PRIOR
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2023
FY 2023-24
AMENDED
ACTUAL
FY 2022-23
ACTUAL ACTUAL
FY 2020-21
YR OVER YR
FAVORABLE
% OF BUDGET
FY 2022-23
% OF BUDGET
FY 2021-22ABOVE (BELOW)
ANNUAL BUDGET
FY 2021-22
3 MONTHS
%
3 MONTHS 3 MONTHS (UNFAVORABLE) INCREASE 3 MONTHS 3 MONTHS Fund BUDGET PROJECTED $ % AS OF 9/30/2023 AS OF 9/30/2022 AS OF 9/30/2021 VARIANCE (DECREASE) AS OF 9/30/2023 AS OF 9/30/2022 GENERAL FUND (FUNDS 001-003)
002 PROPERTY TAXES
SECURED $
$
$
$
$
32,100,000
1,315,000
969,300
$ 32,100,000
1,315,000
969,300
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
$
$
$
$
$
-
-
$
$
$
$
$
-
-
- - -
UNSECURED $
$
$
$
- - -
SUPPLEMENTAL
ERAF
002 PROPERTY TAXES
$ 59,983 106,221
-
$
$
$
13,695 (46,238)
-
(43.5%)
-
6.2%
-
14.5%
-1,619,850
36,004,150
1,619,850
36,004,150
-
(1)
(1)
$ 59,983 106,221 13,695 (46,238) (43.5%) 0.2% 0.3%
001 PROPERTY TAX IN-LIEU OF VEHICLE LICENSE FEE $ 4,387,980 $ 4,387,980 $ - - $ 667,557 $ 2,014,690 $ 2,313 $ (1,347,133) (66.9%) 15.2% 44.0% 001 OTHER TAXES
SALES AND USE $
$
$
$
$
3,927,700
3,559,800
1,266,200
311,000
$
$
$
$
$
4,450,000
3,950,300
1,266,200
311,000
$
$
$
$
$
522,300 13.3% $
$
$
$
$
294,530
663,014
57,973
$
$
$
$
$
246,926
489,295
54,234
$
$
$
$
$
251,295
277,112
50,059
$
$
$
$
$
47,604
173,719
3,739
19.3%
35.5%
6.9%
7.5%
18.6%
4.6%
7.8%
19.9%
4.3%
TRANSIENT OCCUPANCY
FRANCHISE
390,500 11.0%
-
-
-
-REAL PROPERTY TRANSFER
SUBTOTAL
14,201 20,820 62,331 (6,619)
218,443
(31.8%)
26.9%
4.6% 6.8%
9,064,700 9,977,500 912,800 10.1% 1,029,718 811,275 640,797 11.4% 11.3% 001 LICENSES & PERMITS
BUSINESS LICENSES $
$
$
1,615,500
1,266,675
2,882,175
$
$
$
1,735,500
1,266,675
3,002,175
$
$
$
120,000
-
7.4%
-
$
$
$
51,401
541,461
592,862
$
$
$
89,626
356,948
446,574
$
$
$
26,760
618,760
645,520
$
$
$
(38,225)
184,513
146,288
(42.6%)
51.7%
32.8%
3.2%
42.7%
20.6%
6.1%
19.0%
13.3%
PERMITS
SUBTOTAL 120,000 4.2%
001 INTERGOVERNMENTAL
GRANTS, REIMBURSEMENTS, ARPA (POST, SB 90, GRANTS)
002 GRANTS
002 HOMEOWNERS PROPERTY TAX RELIEF
SUBTOTAL
(2) $
$
$
$
42,000
-
$
$
$
$
42,000
-
$
$
$
$
-
-
-
-
-
-
-
-
$
$
$
$
1,661 $
$
$
$
4,054,920 $
$
$
$
4,062,909 $
$
$
$
(4,053,259) (100.0%) 4.0% 99.3%
-
-
-
-
-
-
-
-
- -
-
-
-98,000
140,000
98,000
140,000
-
1,661 4,054,920 4,062,909 (4,053,259) (100.0%) 1.2% 96.9%
CHARGES FOR CURRENT SERVICES
001 SERVICE FEES
003 RECREATION AND LEISURE
SUBTOTAL
$
$
$
471,534
1,526,935
1,998,469
$
$
$
471,534
1,526,935
1,998,469
$
$
$
-
-
-
-
-
-
$
$
$
172,387
819,541
991,928
$
$
$
107,905
610,419
718,324
$
$
$
209,036
386,793
595,829
$
$
$
64,482
209,122
273,604
59.8%
34.3%
38.1%
36.6%
53.7%
49.6%
32.7%
49.4%
45.9%
001 FINES & FORFEITURES $ 24,900 $ 24,900 $ - - $ 4,235 $ 4,926 $ 2,767 $ (691) (14.0%) 17.0% 34.2%
INTEREST AND RENTALS
INTEREST (3) $
$
$
1,521,700
1,425,828
2,947,528
$
$
$
1,521,700
1,425,828
2,947,528
$
$
$
-
-
-
-
-
-
$
$
$
576,497
354,207
930,704
$
$
$
147,176
366,126
513,302
$
$
$
36,658
349,215
385,873
$
$
$
429,321
(11,919)
417,402
291.7%
(3.3%)
81.3%
37.9%
24.8%
31.6%
28.7%
40.9%
17.4%
RENTS & CONCESSIONS
SUBTOTAL
OTHER REVENUES $ 496,385 $ 496,385 $ - - $ 55,617 $ 75,686 $ 84,791 $ (20,069) (26.5%) 11.2% 21.3% TOTAL GENERAL FUND (FUNDS 001-003) $ 57,946,287 $ 58,979,087 $ 1,032,800 1.8% $ 4,334,265 $ 8,745,918 $ 6,434,494 $ (4,411,653) (50.4%) 7.5% 15.3% 005 GENERAL FUND - COMMUNITY BENEFITS PROGRAM
006 GENERAL FUND - DARE
007 GENERAL FUND - SOLAR INCENTIVE GRANT PROGRAM
008 GENERAL FUND - RENTAL ASSISTANCE
009 GENERAL FUND - ASSET SEIZURE
010 GENERAL FUND - PENSION STABILIZATION FUND
011 GENERAL FUND - FACILITIES REPLACEMENT
012 SUSTAINABLE FOSTER CITY
(3)
(3)
(3)
(3)
$
$
$
$
$
$
$
$
$
6,500
900
$
$
$
$
$
$
$
$
$
6,500
900
$
$
$
$
$
$
$
$
$
- - $
$
$
$
$
$
$
$
$
13,346
474
$
$
$
$
$
$
$
$
$
4,565
11 $
$
$
$
$
$
$
$
$
59,902 $
$
$
$
$
$
$
$
$
8,781
463
192.4%
4209.1%
171.4%
219.5%
241.0%
219.9%
219.3%
277.0%
(50.0%)
205.3%
52.7%
40.6%
87.9%
17.7%
32.6%
32.7%
183.1%
7.5%
304.3%
110.0%
134.5%
110.0%
7.5%
- - 2
671,800 1,800 - - 730 269 461
800 800 - - 703 220 47 483
1,600 1,600 - - 283 83 18 200
(3)
(3)
(3)
3,300 3,300 - - 1,075
28,137
2,929
4,381,942
336 72 739 84.0%
83.9%
70.6%
15.4%
86,000
1,600
86,000
1,600
-
-
-
-
8,811
777
1,897
201
19,326
2,152
(4,379,048)TOTAL ALL GENERAL FUND (FUNDS 001-011) 58,048,787 59,081,587 1,032,800 1.8% 8,760,990 6,496,700
SPECIAL REVENUE FUNDS
101 TRAFFIC SAFETY
102 MEASURE "A"
103 GAS TAX
104 PARK-IN-LIEU FEES
105 MEASURE "M"
108 SLESF/COPS GRANT
114 CALOPPS
116 FOSTER CITY FOUNDATION
119 SB 1 ROAD MAINTENANCE AND REHAB
122 HOUSING SUCCESSOR-LMIHF
124 FC AFFORDABLE HOUSING FUND
125 SUSTAINABLE FOSTER CITY FUND (MOVED TO FUND 012)
127 BAERS (PROGRAM WAS CLOSED OUT IN FY 2020-21)
128 GENERAL PLAN MAINTENANCE
129 CONSTRUCTION AND DEMO RECYCLING
130 TECHNOLOGY MAINTENANCE
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
60,000
874,000
980,697
74,800
121,700
155,000
514,077
38,900
856,598
133,700
8,900
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
60,000
874,000
980,697
74,800
121,700
155,000
514,077
38,900
856,598
133,700
8,900
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
3,360
215,838
175,193
33,003
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
3,692
187,700
164,318
10,335
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
5,868
165,459
229,707
2,225
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
(332)
28,138
10,875
22,668
-
(9.0%)
15.0%
6.6%
219.3%
-
5.6%
24.7%
17.9%
44.1%
-
6.2%
24.7%
19.8%
83.3%
-
(3)
- - - - - - -
391,372
10,400
80,888
52,952
19,096
-
349,686
8,000
66,356
25,417
1,893
-
318,873
400
41,686
2,400
14,532
27,535
17,203
-
11.9%
30.0%
21.9%
108.3%
908.8%
-
76.1%
26.7%
9.4%
39.6%
214.6%
-
84.5%
21.2%
10.3%
25.6%
6.5%
-
56,506
95,888
26,911
-- -
- - - - - - - - -
(3)
(3)
(3)
34,700
66,000
37,540
34,700
66,000
37,540
181,161
28,804
30,477
145,804
4,986
17,275
50,531
9,781
20,629
35,357
23,818
13,202
24.2%
477.7%
76.4%
522.1%
43.6%
81.2%
47.0%
9.2%
8.5%
8.2 Attachment 3 - Comparison of Budget vs. Actual and Prior Year's Revenues
360
CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT COMPARISON OF BUDGET VS. PROJECTED ACTUAL REVENUES
BUDGET VS ACTUAL & CURRENT VS PRIOR
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2023
FY 2023-24 ACTUAL
FY 2022-23
ACTUAL ACTUAL
FY 2020-21
YR OVER YR
FAVORABLE
% OF BUDGET
FY 2022-23
3 MONTHS
AS OF 9/30/2023
19.1%
11.6%
1.8%
% OF BUDGET
ABOVE (BELOW)
ANNUAL BUDGET
FY 2021-22
3 MONTHS
% FY 2021-22
AMENDED
BUDGET
5,200
3 MONTHS 3 MONTHS (UNFAVORABLE) INCREASE 3 MONTHS
Fund
131 SB 1186
132 SMIP FEE
133 CRV GRANT FUND
134 CURBSIDE RECLYCLING
135 GREEN BUILDING FEE
PROJECTED $ % AS OF 9/30/2023 AS OF 9/30/2022 AS OF 9/30/2021 VARIANCE 873
(DECREASE)
733.6%
278.9%
366.7%
260.3%
760.0%
35.1%
219.3%
219.2%
747.6%
5.2%
AS OF 9/30/2022
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$ 5,200
620
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
992 $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
119 $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
615 $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
2.9%
1.7%
0.4%
3.9%
4.1%
9.7%
0.3%
1.6%
2.4%
25.1%
-
620
8,740
22,600
900
$
$
$
$
$
$
$
$
$
$
$
$
$
$
72 154
19 206 53
1218,740
22,600
900
33 10
2,879
258
799 160 2,080
228
12.7%
28.7%
11.9%
45.2%
133.1%
22.1%
20.8%
187.0%
-
30 34,375
2,096
834
157
136 MEASURE W 389,200
14,800
2,000
625,640
27,900
200
389,200
14,800
2,000
625,640
27,900
200
46,435
6,692
2,662
138,101
5,797
374
27,621 12,060
4,596
1,828
121,808
284
137 COMMERCIAL LINKAGE FEE
138 TENANT RELOCATION ASSISTANCE
139 WORKFORCE HOUSING
140 EQUIPMENT REPLACEMENT-WORKFORCE HOUSING
141 SB1383 IMPLEMENTATION
142 PARK FACILITIES IMPACT FEE
143 PUBLIC SAFETY IMPACT FEE
144 TRANSPORTATION IMPACT FEE
TOTAL SPECIAL REVENUE FUNDS
451
76 16,293
5,513
174
-
-
- 200 114.9%
-- - - - - - -
- - - - -
-
- - - -
- - - - - - - -
5,054,412 5,054,412 1,426,960 1,045,747 1,012,074 381,213 36.5% 28.2% 16.4% 230 LEVEE DEBT SERVICE FUND - 2020 GO BONDS
231 LEVEE DEBT SERVICE FUND - 2023 GO BONDS
$
$
4,011,500
230,451
$
$
4,011,500
230,451
$
$
-
-
-
-
$
$
25,412 $
$
16,557
-
$
$
5,114
-
$
$
8,855 53.5%
-
0.6% 0.4%
-226,344 226,344 98.2%
CAPITAL PROJECTS FUNDS
301
326
327
328
CIP PROJECTS-CITY
CAPITAL ASSET ACQUISITION AND REPLACEMENT FUND
LEVEE PROJECT FUND
(3) $
$
$
$
$
2,270,050
1,240,555
40,200
$
$
$
$
$
2,270,050
1,240,555
40,200
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
$
$
$
$
$
1,043,045
313,278
$
$
$
$
$
338,206
343,360
206,663
-
$
$
$
$
$
28,121
312,433
31,741
-
$
$
$
$
$
704,839
(30,082)
208.4%
(8.8%)
(83.7%)
-
45.9%
25.3%
83.9%
98.0%
73.7%
223.6%
30.8%
1033.3%
-
33,745 (172,918)
4,951,233
5,453,072
LEVEE PROJECT FUND - 2023 GO Bonds
TOTAL CAPITAL PROJECTS FUNDS
5,052,987
8,603,792
5,052,987
8,603,792
4,951,233
6,341,301 888,229 372,295 613.9% 67.9%
ENTERPRISE FUNDS
401 WATER REVENUE
405 WATER CIP
(4)
(4)
$
$
$
$
$
$
$
$
$
$
$
$
$
$
18,301,000 $
$
$
$
$
$
$
$
$
$
$
$
$
$
18,301,000 $
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
3,457,270 $
$
$
$
$
$
$
$
$
$
$
$
$
$
2,988,787 $
$
$
$
$
$
$
$
$
$
$
$
$
$
3,093,617 $
$
$
$
$
$
$
$
$
$
$
$
$
$
468,483 15.7% 18.9%
-
16.5%
-
448,097
823,615
21,540,300
-
-
448,097
823,615
21,540,300
-
-
112,024
13,721
3,435,428
-
- 300 - -
(12.2%)
232.4%
23.0%
-
-
408 WATER EQUIPMENT REPLACEMENT
409 WATER CONNECTION FEES
451 WASTEWATER REVENUE
453 WASTEWATER RATE STABILIZATION
454 SM-FC PUBLIC FINANCING AUTHORITY LOAN
455 WASTEWATER CIP
456 WASTEWATER PLANT EXPANSION
458 WASTEWATER EQUIPMENT REPLACEMENT
459 WASTEWATER NOTES/WIFIA LOAN/SRF LOAN
460 WASTEWATER CONNECTION FEES
461 STATE REVOLVING LOAN FUND
TOTAL ENTERPRISE FUNDS
127,609 158,383 (15,585) 25.0%
1.7%
15.9%
-
25.0%
4,128 - 9,593 0.8%
2,792,882 2,348,161 642,546 14.0%
- - - -
- - - -
-
44 -
-
- - -
- - - -
1,083
63,671
2,380
-
- - -
426.9%
25.0%
-
2,797 2,797 2,797
85,739
31,757
3,951
-
2,715
66,532
718
82 3.0%
28.9%
4323.0%
227.1%
-
100.0%
25.0%
40.0%
0.0%
-
342,955
79,393
8,936,837
-
342,955
79,393
8,936,837
-
19,207
31,039
2,743
-
1,208
-
0.1%
--
50,474,994 50,474,994 7,142,687 5,984,579 5,667,639 1,158,108 19.4% 14.2% 14.8%
INTERNAL SERVICE FUNDS
501 VEHICLE RENTAL FUND
502 EQUIPMENT REPLACEMENT FUND
503 SELF INSURANCE FUND
504 INFORMATION TECHNOLOGY
505 BUILDING MAINTENANCE
507 LONGEVITY RECOGNITION PLAN
508 PEMHCA FUND
509 COMPENSATED ABSENCES FUND
TOTAL INTERNAL SERVICE FUNDS
$
$
$
$
$
$
$
$
$
2,059,573
292,163
$
$
$
$
$
$
$
$
$
2,059,573
292,163
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
$
$
$
$
$
$
$
$
$
563,757
97,827
$
$
$
$
$
$
$
$
$
459,261
135,195
299,256
646,539
882,025
66,682
$
$
$
$
$
$
$
$
$
444,478
173,311
123,338
616,172
851,939
59,311
$
$
$
$
$
$
$
$
$
104,496
(37,368)
85,768
67,653
107,977
22,856
58,065
23,166
432,613
22.8%
(27.6%)
28.7%
10.5%
12.2%
34.3%
74.9%
15.2%
15.9%
27.4%
33.5%
24.9%
26.0%
26.4%
28.1%
29.9%
27.8%
26.7%
25.9%
28.7%
24.2%
25.5%
25.6%
26.2%
27.6%
25.7%
25.7%
1,543,261
2,749,884
3,752,145
319,200
1,543,261
2,749,884
3,752,145
319,200
385,024
714,192
990,002
89,538
453,063 453,063 135,545
176,009
3,151,894
77,480 56,113
632,242 632,242 152,843
2,719,281
126,083
2,450,74511,801,531 11,801,531
FIDUCIARY FUNDS
604 SUCESSOR ANGENCY
607 TOURISM ASSESSMENT
608 SMC FIRE
$
$
$
$
289,500
-
$
$
$
$
289,500
-
$
$
$
$
-
-
-
-
-
-
$
$
$
$
1,376
-
$
$
$
$
496
-
$
$
$
$
226
15,314
$
$
$
$
880
-
177.4%
-
0.5%
-
0.2%
-
320,000
138,834,967
320,000
139,867,767
32,596
22,730,512
26,204
19,442,083
34,466 6,392 24.4%
16.9%
10.2%
16.4%
11.9%
16.2%TOTAL CITY / EMID FUNDS 1,032,800 0.7% 16,054,573 3,288,429 Notes and Explanation of Variances:
The majority of property tax revenues are distributed by San Mateo County in December and April of each fiscal year. Notwithstanding, the City received $667,557 in August 2023 from the State to backfill the FY 21/22 Property Tax in Lieu of VLF shorfall. Similaryly, we received $2.01 million in August 2022 from the State to backfill the FY 20/21 Property Tax in lieu of VLF shortfall.1 2 3
4 The City received two tranches of ARPA COVID relief payments of $4.05 million each from the federal government in FY 2021-22 and FY 2022-23.
The year over year yield on the City's investment portfolio improved from 1.93% to 4.43% for the 12 month period ending September 30, 2023 as Federal Funds rate continued its ascension.
FY 2023-24 water consumption rates and fixed charges increased by 4.3% and 6% respectively; wastewater rates increased by 3%.
8.2 Attachment 3 - Comparison of Budget vs. Actual and Prior Year's Revenues
361
CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT COMPARISON OF BUDGET VS. PROJECTED ACTUAL EXPENDITURES
BUDGET VS ACTUAL & CURRENT VS PRIOR
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2023
FY 2023-24 ACTUAL
FY 2022-23
ACTUAL ACTUAL
FY 2020-21
INCREASE /
DECREASE /
FROM
% OF BUDGET
FY 2022-23
% OF BUDGET
FY 2021-22SAVINGS (EXCESS) FROM
AMENDED BUDGET
FY 2021-22
3 MONTHS
%
AMENDED
BUDGET
3 MONTHS 3 MONTHS INCREASE
(DECREASE)
3 MONTHS 3 MONTHS
Fund PROJECTED $ % AS OF 9/30/2023 AS OF 9/30/2022 AS OF 9/30/2021 PRIOR YEAR AS OF 9/30/2023 AS OF 9/30/2022 GENERAL FUND (FUNDS 001-003)
DEPARTMENTS:
COUNCIL/BOARD
CITY MANAGER
$
$
$
$
$
$
$
$
$
$
$
$
$
450,910 $
$
$
$
$
$
$
$
$
$
$
$
$
450,910
1,564,025
1,246,975
656,365
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
-
-
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
$ 276,425
269,943
$ 290,039
753,321
$ 180,891
498,477
$
$
$
$
$
$
$
$
$
$
$
$
$
(13,614) (4.7%)
(64.2%)
(40.8%)
(70.5%)
51.6%
61.3%
17.3%
18.2%
3.1%
56.0%
37.0%
38.2%
11.5%
33.6%
28.2%
38.6%
40.9%
43.4%
32.9%
24.8%
25.0%
38.2%
(2)
(2)
1,564,025
1,246,975
656,365
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
(483,378)
(156,133)
(49,197)
COMMUNICATIONS/CITY CLERK
CITY ATTORNEY
226,890 383,023 250,804
20,575 69,772 93,229
HUMAN RESOURCES
FINANCIAL SERVICES
PARKS & RECREATION
POLICE
1,940,204
1,788,003
8,032,319
17,959,826
11,686,922
4,837,423
4,747,940
538,360
1,940,204
1,788,003
8,032,319
17,959,826
11,686,922
4,837,423
4,747,940
538,360
340,568 224,721 278,376 115,847 17.6%
22.9%
22.3%
24.8%
24.5%
21.9%
16.7%
25.0%
22.8%
409,397 373,246 257,399 36,151 9.7%
1,794,479
4,457,072
2,867,328
1,059,666
792,282
3,239,956
6,824,006
4,955,145
1,262,249
998,342
3,257,697
5,936,602
2,650,219
1,176,490
799,269
(1,445,477)
(2,366,934)
(2,087,817)
(202,583)
(206,060)
8,654
(44.6%)
(34.7%)
(42.1%)
(16.0%)
(20.6%)
6.9%
FIRE (3)
(1)
COMMUNITY DEVELOPMENT
PUBLIC WORKS
LIBRARY 134,590 125,936 136,905
001 SUBTOTAL 55,449,272 55,449,272 12,649,215 19,499,756 15,516,358 (6,850,541) (35.1%) 002
003
PROPERTY TAX ADMINISTRATION
SPECIAL RECREATION
$
$
369,609 $
$
369,609 $
$
-
-
0.0%
0.0%
$
$
- $
$
- $
$
- $
$
- - - -
3,102,270 3,102,270 868,353 594,216 365,483 274,137 46.1% 28.0% 27.7% TOTAL GENERAL FUND (FUNDS 001-003) $ 58,921,151 $ 58,921,151 $ - 0.0% $ 13,517,568 $ 20,093,972 $ 15,881,841 $ (6,576,404) (32.7%) 22.9% 37.5% 005 GENERAL FUND - COMMUNITY BENEFITS PROGRAM
006 GENERAL FUND - DARE
$ 349,667 $
$
$
$
$
$
$
$
$
349,667 $
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
0.0%
0.0%
0.0%
-
$
$
$
$
$
$
$
$
$
13,000 $
$
$
$
$
$
$
$
$
29,091 $
$
$
$
$
$
$
$
$
145,209 $
$
$
$
$
$
$
$
$
(16,091) (55.3%) 3.7% 5.6%
$
$
$
$
$
$
$
$
38,366 38,366 - - - - - - -
007 GENERAL FUND - SOLAR INCENTIVE GRANT PROGRAM
008 GENERAL FUND - RENTAL ASSISTANCE
009 GENERAL FUND - ASSET SEIZURE
25,000 25,000 8,000 5,000 5,000 3,000 60.0% 32.0% 20.0% - - - - - - - - -
4,097 4,097 0.0%
-
- - - - - - -
010 GENERAL FUND - PENSION STABILIZATION FUND
011 GENERAL FUND - FACILITIES REPLACEMENT
012 SUSTAINABLE FOSTER CITY
-
-
-
-
-
-
-
-
-
-
-
-
- -
-
-
-- -
120,945
59,459,226
120,945
59,459,226
0.0%
0.0%
1,524 3,500 34,693
16,066,743
(1,976)
(6,591,471)
(56.5%)
(32.7%)
1.3%
22.8%
2.6%
37.1%TOTAL ALL GENERAL FUND (FUNDS 001-011) 13,540,092 20,131,563
SPECIAL REVENUE FUNDS
101
102
103
104
105
108
114
116
119
122
124
125
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
TRAFFIC SAFETY $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
60,000
4,253,588
935,549
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
60,000
4,253,588
935,549
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
0.0%
0.0%
0.0%
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
15,000 $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
15,000 $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
15,000 $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
- 0.0% 25.0% 25.0%
MEASURE "A" 493,308 - - 493,308 - 11.6% -
GAS TAX 451,387 398,952 138,625 52,435 13.1% 48.2% 70.5%
PARK-IN-LIEU FUND - - - - - - -
MEASURE "M" 745,435
100,000
780,949
136,250
455,057
146,620
235,000
-
745,435
100,000
780,949
136,250
455,057
146,620
235,000
-
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
-
100,000 - - 100,000 - 13.4% -
SLESF/COPS GRANT - - - - - - -
CALOPPS 68,005 108,068 110,101 (40,063) (37.1%) 8.7% 19.2%
FOSTER CITY FOUNDATION
SB 1 ROAD MAINTENANCE AND REHAB
HOUSING SUCCESSOR-LMIHF
FC AFFORDABLE HOUSING FUND
SUSTAINABLE FOSTER CITY (MOVED TO FUND 012)
BAERS (PROGRAM CLOSED OUT IN FY 20/21)
GENERAL PLAN MAINTENANCE
CONSTRUCTION AND DEMO RECYCLING
TECHNOLOGY MAINTENANCE
SB 1186
37,210 1,690 13,785 35,520 2101.8% 27.3% 5.1%
- 359,120 1,631 (359,120) (100.0%) - -
25,067 17,521 15,142 7,546 43.1% 17.1% 12.9%
28,235 33,898 12,007 (5,663) (16.7%) 12.0% 3.2%
- - - - - - -
- - - - - - - - - -
107,400
309,750
105,485
1,300
500
107,400
309,750
105,485
1,300
500
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
-
21,508 26,817 50,814 (5,309) (19.8%) 20.0% 3.2%
901 16,270 8,838 (15,369) (94.5%) 0.3% 5.4%
16,105 10,404 15,137 5,701 54.8% 15.3% 9.9%
- - -
-
-
-
-
-
-
-
-
-
-
-
-
-
- - - -
SMIP FEE - - - - - -
CRV GRANT FUND 21,919
25,000
500
21,919
25,000
500
560 - 560 - 2.6% -
CURBSIDE RECLYCLING
GREEN BUILDING FEE
- - - - - -
- - - - - -
MEASURE W 815,215
10,000
51,640
386,187
-
815,215
10,000
51,640
386,187
-
240,215 - 240,215 - 29.5% -
COMMERCIAL LINKAGE GEE
TENANT RELOCATION ASSISTANCE
WORKFORCE HOUSING
- - - - - -
- - - - - -
48,533 9,977 38,556 386.4% 12.6% 3.0%
EQUIPMENT REPLACEMENT-WORKFORCE HOUSING
SB 1383 IMPLEMENTATION
PARK FACILITIES IMPACT FEE
PUBLIC SAFETY IMPACT FEE
TRANSPORTATION IMPACT FEE
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
29,915
-
29,915
-
0.0%
-
- - -
- - -
TOTAL SPECIAL REVENUE FUNDS $ 9,683,344 $ 9,683,344 $ - 0.0% $ 1,546,034 $ 997,717 $ 381,080 $ 548,317 55.0% 16.0% 16.1%
8.2 Attachment 4 - Comparison of Budget vs. Actual and Prior Year's Expenditures
362
CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT COMPARISON OF BUDGET VS. PROJECTED ACTUAL EXPENDITURES
BUDGET VS ACTUAL & CURRENT VS PRIOR
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2023
FY 2023-24 ACTUAL
FY 2022-23
ACTUAL ACTUAL
FY 2020-21
INCREASE /
DECREASE /
FROM
% OF BUDGET
FY 2022-23
% OF BUDGET
FY 2021-22SAVINGS (EXCESS) FROM
AMENDED BUDGET
FY 2021-22
3 MONTHS
%
AMENDED
BUDGET
3 MONTHS 3 MONTHS INCREASE
(DECREASE)
3 MONTHS 3 MONTHS
Fund PROJECTED $ % AS OF 9/30/2023 AS OF 9/30/2022 AS OF 9/30/2021 PRIOR YEAR AS OF 9/30/2023 AS OF 9/30/2022 230 LEVEE DEBT SERVICE FUND - 2020 GO BONDS
LEVEE DEBT SERVICE FUND - 2023 GO BONDS
$
$
5,349,188 $
$
5,349,188
-
$
$
-
-
0.0%
-
$ 4,229,256
-
$ 5,198,056
-
$ 5,230,656
-
$
$
(968,800)
-
(18.6%)
-
79.1%
-
81.5%
-231 - $ $ $
CAPITAL PROJECTS FUNDS
301 CIP PROJECTS-CITY $ 4,765,000 $ 4,765,000 $ - 0.0% $ 1,876,221 $ 185,230 $ 5,630 $ 1,690,991 912.9% 39.4% 4.1%
CAPITAL ASSET ACQUISITION AND REPLACEMENT
FUND326
327
328
(4) $
$
$
-
4,538,775
-
$
$
$
-
4,538,775
-
$
$
$
-
-
-
-
0.0%
-
$
$
$
-
3,546,308
-
$
$
$
7,015,009
5,994,736
-
$
$
$
-
6,697,117
-
$
$
$
(7,015,009)
(2,448,428)
-
(100.0%)
(40.8%)
-
-
78.1%
-
-
-
-
LEVEE PROJECT FUND
LEVEE PROJECT FUND - 2023 GO BONDS
TOTAL CAPITAL PROJECTS FUNDS $ 9,303,775 $ 9,303,775 $ - 0.0% $ 5,422,529 $ 13,194,975 $ 6,702,747 $ (7,772,446) (58.9%) 58.3% 289.4%
ENTERPRISE FUNDS
401
405
408
409
451
453
454
455
456
458
459
WATER REVENUE $
$
$
$
$
$
$
$
$
$
$
17,882,602
420,000
249,000
-
$
$
$
$
$
$
$
$
$
$
$
16,183,800
420,000
249,000
-
$
$
$
$
$
$
$
$
$
$
$
1,698,802 9.5%
0.0%
0.0%
-
$
$
$
$
$
3,599,837
104,632
10,436
-
$
$
$
$
$
$
$
$
$
$
$
3,334,517
71,392
16,630
-
$
$
$
$
$
$
$
$
$
$
$
3,029,966 $
$
$
$
$
$
$
$
$
$
$
265,320
33,240
(6,194)
-
8.0%
46.6%
(37.2%)
-
20.1%
24.9%
4.2%
-
19.4%
2.2%
8.6%
-
CIP-WATER -
-
-
-
-
-
-
-
-
-
292,819
WATER EQUIPMENT REPLACEMENT
WATER CONNECTION FEES
WASTEWATER REVENUE
15,291
-
9,937,786
-
9,937,786
-
0.0%
-
1,372,494 1,240,520
-
1,076,688 131,974
-
10.6%
-
13.8%
-
14.3%
-WASTEWATER RATE STABILIZATION
SM-FC PUBLIC FINANCING AUTHORITY LOAN
CIP-WASTEWATER
-
1,322,875
31,769
-
1,863,716
11,729,789
-
1,863,716
11,729,789
-
0.0%
0.0%
-
$
$
$
$
$
1,350,000
2,473,978
-
1,334,250
4,233,904
-
15,750
(1,759,926)
-
1.2%
(41.6%)
-
72.4%
21.1%
-
71.6%
109.1%
-WASTEWATER PLANT EXPANSION
WASTEWATER EQUIPMENT REPLACEMENT
WASTEWATER NOTES/WIFIA LOAN/SRF LOAN
423,501
3,144,950
423,501
3,144,950
0.0%
0.0%
153,113
1,570,780
10,155
1,570,920
- 142,958
(140)
1407.8%
(0.0%)
36.2%
49.9%
3.3%
15.4%216,656
460
461
WASTEWATER CONNECTION FEES
STATE REVOLVING LOAN FUND
$
$
-
-
$
$
-
-
$
$
-
-
-
-
$
$
-
-
$
$
-
-
$
$
-
-
$
$
-
-
-
-
-
-
-
-
TOTAL ENTERPRISE FUNDS $ 45,651,344 $ 43,952,542 $ 1,698,802 3.7% $ 10,635,270 $ 11,812,288 $ 5,986,064 $ (1,177,018) (10.0%) 23.3% 15.6%
INTERNAL SERVICE FUNDS
VEHICLE RENTAL FUND501
502
503
504
505
507
508
509
$
$
$
$
$
$
$
$
2,124,871
529,500
$
$
$
$
$
$
$
$
2,124,871
529,500
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
$
$
$
$
$
$
$
$
288,825
-
$
$
$
$
$
$
$
$
325,256
44,651
$
$
$
$
$
$
$
$
374,822
11,293
$
$
$
$
$
$
$
$
(36,431)
(44,651)
324,629
(173,822)
(17,008)
5,737
(11.2%)
(100.0%)
30.7%
13.6%
-
16.3%
12.0%
78.8%
28.8%
12.0%
20.5%
20.7%
28.3%
EQUIPMENT REPLACEMENT FUND
SELF INSURANCE FUND (5) 1,532,807
2,891,269
2,956,026
238,420
1,532,807
2,891,269
2,956,026
238,420
1,383,744
518,525
525,884
54,535
53,629
14,252
1,059,115
692,347
542,892
48,798
737,373
444,667
471,438
52,135
90.3%
17.9%
17.8%
22.9%
21.8%
2.8%
INFORMATION TECHNOLOGY
BUILDING MAINTENANCE
LONGEVITY RECOGNITION PLAN
PEMHCA FUND
(25.1%)
(3.1%)
11.8%
245,843 245,843 47,438 47,081 6,191 13.1%
COMPENSATED ABSENCES FUND 500,719 500,719 158,888 108,810 (144,636) (91.0%) TOTAL INTERNAL SERVICE FUNDS $ 11,019,455 $ 11,019,455 $ - 0.0% $ 2,839,394 $ 2,919,385 $ 2,247,619 $ (79,991) (2.7%) 25.8% 25.0%
FIDUCIARY FUND
604 SUCESSOR ANGENCY
607 TOURISM ASSESSMENT
608 SMC FIRE FEES
$
$
$
508,051
-
$
$
$
508,051
-
$
$
$
-
-
-
0.0%
-
$
$
$
1,337
-
$
$
$
-
-
$
$
$
-
7,304
$
$
$
1,337
-
- 0.3%
-
-
--
320,000 320,000 0.0% 24,364 6,325 19,879 18,039 285.2% 7.6% 2.9% TOTAL CITY / EMID FUNDS $ 141,294,383 $ 139,595,581 $ 1,698,802 1.2% $ 38,238,276 $ 54,260,309 $ 36,642,092 $ (16,022,033) (29.5%) 27.1% 34.1% Notes and Explanation of Variances:
1 FY 23/24 expenditures for various departments were comparatively lower than the prior two years as the City elected not to prepay the entire year's unfunded liability obligations to CalPERS in July, but rather make monthly payments due to its high investment portfolio yields. These July payments totaled $7.51M and $6.79M for FY 22/23 and FY 21/22 respectively.
Expenditures for the City Managers office are lower in FY 22/23 as the self insurance program was transferred to the Administrative Services Dept in FY 23/24 and the Principal Management Analyst position has been left unfilled. FY 21/22 expenditures were comparatively higher and included severance pay to its former City Manager.2
3 4
5 The City made one payment to SMC Fire in FY 23/24 vs. two payments in FY 22/23 The City acquired 22 units of workforce housing in August 2022 The City makes its annual insurance premium payments in the 1st quarter of each fiscal year.
8.2 Attachment 4 - Comparison of Budget vs. Actual and Prior Year's Expenditures
363
DATE: November 20, 2023
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Andrew Brozyna, Public Works Director
Kurt Zander, Buildings and Vehicles Maintenance Manager DEPARTMENT: Public Works
SUBJECT: AGREEMENT WITH PENINSULA CLEAN ENERGY TO
PARTICIPATE IN PUBLIC EV FLEETS PROGRAM
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving an agreement with Peninsula Clean Energy to participate in their Public EV Fleets Program “(Gov EV”), authorize the City Manager to execute the Agreement and find approval of the Agreement exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines section 15061(b)(3)).
EXECUTIVE SUMMARY
Staff recommends that the City Council approve entering into an agreement with Peninsula Clean Energy’s (PCE) Gov EV program, which is designed to provide expert assistance to local governments to plan for and implement charging infrastructure and electric vehicle (EV) purchases. The Gov EV program provides free technical assistance, project planning, and grant funding to public agencies for new municipal EVs and fleets charging infrastructure.
There is no cost for the planning program, but public agencies entering into the agreement must commit to replace at least five (5) standard fossil-fuel vehicles with EV options or install at least five (5) municipal EV chargers within twelve months and agree to share ongoing charging data with PCE. If approved by the City Council, staff would
9.1 9.1 Staff Report
364
include projects identified through the process in the City’s 5-year and 15-year Capital Improvement Program budget starting in Fiscal Year 2024-2025.
BACKGROUND
Foster City’s fleet has included hybrid and all-electric sedans (pool cars) since 2008, and all vehicles are evaluated for feasibility of fuel alternatives at the time they are due for replacement. The City Council has expressed increasing interest in recent years in investing in electric and zero emission vehicles.
In the meantime, more and more EV options are becoming available and the California Air Resources Board has approved the new Advanced Clean Fleets (ACF) regulation, which is one part of a broader strategy to deploy medium- and heavy-duty zero-emission vehicles (ZEV) everywhere feasible. Under the regulations, the City’s fleet is required to ensure 50 percent of medium- and heavy-duty vehicle purchases are zero-emission beginning in 2024 and 100 percent of medium- and heavy-duty vehicle purchases are zero-emission by 2027. There are exceptions for certain types of vehicles and if no EV options are available for the type of vehicle needed.
ANALYSIS
Given the increasing focus on, interest in, and regulation of public EV fleets, PCE has created a program to assist local governments in their service territory to plan for and implement charging infrastructure and vehicle replacement plans to implement EV options where feasible in their fleets. The Public EV Fleets program provides free technical assistance, project planning, and funding to public agencies for new EVs and fleets charging infrastructure.
Public EV Fleet planning requires significant expertise, which makes the Gov EV program an invaluable resource. The program provides comprehensive planning for fleet replacements and EV charging infrastructure planning at no cost to the City, and then advises on outside funding available for implementation (construction and purchase) and provides gap funding up to $25,000 if projects are not fully covered by other grant programs.
Specifically, the program provides the following no-cost services to guide the fleet transition to EVs and EV charging infrastructure:
1. EV Fleet Replacement Plan: Identification of equivalent EVs capable of serving the needs of the City based upon the City’s anticipated replacement schedule as well as the total cost of ownership and potential related savings.
9.1 9.1 Staff Report
365
2. Fleet EV Charging Needs Assessment: Evaluation of the number and location of needed chargers for the future case when all vehicles are electric, including “make ready” projects in order to achieve the City’s replacement plan goals.
3. EV Charging Installation Plans: Identification of how EV chargers can be installed at the various facilities, including designs that can be used to solicit bids for construction.
4. Permit-ready plans: For EV charging infrastructure installation (if needed).
5. Funding Identification: Review and recommendation of funding sources (rebates and grants) available for the purchase of EV charging infrastructure and EVs from a wide variety of sources.
6. Energy Optimization Plan: Evaluation of methods and means for reducing the cost of vehicle charging based on times and types of charging – “managed charging” that will maximize savings.
7. Energy Management Services (optional): Systems that manage charging can balance load needs as well as schedule charging for the lowest time of use rates.
The program includes one free year of managed charging services.
CEQA
The approval of this Agreement with PCE 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.) as this “project” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.
Additionally, when the project for installation of the charging stations is considered, the installation EV chargers at an existing parking lot would be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Class 1 (Existing Facilities) and Section 15303, Class 3 (New Construction or Conversion of Small Structures).
FISCAL IMPACT
There is no cost to enter into the agreement and complete the planning process with PCE. However, the Agreement with PCE, if approved, would require the City to commit to a project scope that plans to replace a minimum of five (5) fossil-fuel vehicles with EVs
9.1 9.1 Staff Report
366
and/or install a minimum of five (5) EV charging ports within twelve months from the initial kick off meeting with PCE and the City.
Once started, the planning process is anticipated to require approximately six to twelve months to complete. This is a limited time (three year) program that is currently scheduled to sunset in 2025. The total cost of the project will depend upon a number of factors such as the type of chargers or vehicles that are required, and what site preparations would need to be completed for EV charger installations.
The program provides long-term planning windows of 2025, 2030 and 2035. If approved by the City Council, staff would include projects identified through the process in the City’s 5-year and 15-year Capital Improvement Program budget starting in Fiscal Year 2024- 2025. Once the planning process is completed, City staff would provide the City Council with a project plan based on the results and final information on costs and locations, through the Capital Improvement Program budget and/or in compliance with the City’s purchasing requirements for City Council approval of proposed bidding and/or purchasing approvals.
Also, as part of the planning process, the Gov EV program would identify available outside funding sources, of which there are many, and would also provide up to $25,000 in gap funding if outside grants do not cover the full cost of the project. The proposed Agreement also provides that the City cannot receive double funding if the City is receiving other funding from PCE, including, but not limited to the EV Ready Program, for the same project locations. The proposed Agreement also contains general terms and conditions including a release of claims and hold harmless of PCE and its contractors.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
Smart Planning, Development and the Local Economy
Innovation and Sustainability
ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Agreement
9.1 9.1 Staff Report
367
1 4
0 1
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY
APPROVING AN AGREEMENT WITH PENINSULA CLEAN ENERGY TO
PARTICIPATE IN THEIR PUBLIC EV FLEETS (“GOV EV”) PROGRAM AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CUSTOMER
PARTICIPATION AGREEMENT WITH PENINSULA CLEAN ENERGY AND FINDING
THE APPROVAL OF THE AGREEMENT EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(b)(3))
CITY OF FOSTER CITY
WHEREAS, Peninsula Clean Energy’s Gov EV program is designed to provide expert assistance to local governments to plan for and implement charging infrastructure and electric vehicle (EV) purchases; and
WHEREAS, the Public EV Fleets program provides no-cost technical assistance, project planning, and funding; and
WHEREAS, public agencies entering into the agreement commit to replace at least five standard vehicles with electric options or install at least five EV chargers within twelve months and agree to share ongoing charging data with Peninsula Clean Energy; and WHEREAS, projects identified through the Gov EV program will be included in the City’s Vehicle Replacement Program and/or 5-year and 15-year Capital Improvement Program budget starting in Fiscal Year 2024-2025.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City that the approval of this Agreement with PCE 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.) as this “project” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to enter into the Public EV Fleets Program Customer Participation Agreement with Peninsula Clean Energy in the form with minor revisions that may be approved by the City Attorney and to execute any other necessary documents to effectuate the terms of the Agreement.
9.1 Attachment 1 - Resolution
368
1 4
0 1
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 20th day of November, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
JON FROOMIN, MAYOR
ATTEST:
____________________________________
PRISCILLA SCHAUS, CITY CLERK
9.1 Attachment 1 - Resolution
369
PUBLIC EV FLEETS PROGRAM
1 of 2 11.01.22 Public EV Fleets Customer Participation Agreement
CUSTOMER PARTICIPATION AGREEMENT
The Public EV Fleets Program (“Program”), offered by Peninsula Clean Energy Authority (“PCE”) and PCE-selected contractors will provide public fleets with fleet electrification transition services and/or funding, as described further below. Specific Terms and Conditions Eligibility: To participate in the Program, customers must: 1) be a PCE customer, 2) be a public agency such as a city, county, special district, joint-powers authority, school district, etc., and 3) have customer-owned fleet vehicles domiciled in Peninsula Clean Energy service territory. Minimum Commitment: To participate in the Program, customers must also commit to a project scope that plans to replace a minimum of 5 fossil-fuel vehicles with electric vehicles (EVs) and/or install a minimum of 5 EV charging ports within one year from the initial kick off meeting with PCE and the customer. Program Services Offered: The Program is offering the following services at no cost to customers. Customers may receive all or a subset of these services, at PCE’s discretion. 1) vehicle replacement plan, 2) energy needs assessment, 3) charging infrastructure plan for 1 or more locations, 4) permit-ready site designs, 5) charging schedule and optimization plan, 6) funding package overview, and 7) PCE-identified energy management system and ongoing services. Note, warranties and operations support for equipment and energy management system will be the responsibility of the customer as arranged with the specific vendors of those systems. Program Funding Offered: Funding is available for customers, subject to the additional terms outlined below, at the amounts outlined herein. Funding amounts from PCE in this Program are based on the remaining Project costs after other funding such as grants and rebates are applied, as follows: Local agencies (city, county, special district, etc.) may receive funding up to 25% of remaining project costs, after other grants and incentives are applied, or an amount not to exceed $25,000 (whichever is less). School districts may receive funding up to 50% of project costs, after other grants and incentives are applied, or an amount not to exceed $50,000 (whichever is less) for projects with a remaining project cost of less than $100,000 and up to 50% of project costs, after grants and incentives are applied, or an amount not to exceed $100,000 (whichever is less) for projects with a remaining cost greater than $100,000. Eligible Expenses for Funding: Measures eligible for funding in this Program include: 1) electric vehicles (only the cost difference between a fossil fuel vehicle and its comparable electric alternative, as applicable), 2) EV charging equipment, including warranties, service contracts, and/or subscription fees, 3) installation costs for EV infrastructure, and 4) energy management subscription costs. Additional eligible expenses and all determinations of Program eligibility are determined and approved at PCE’s sole discretion. Stacked Funding: Customers are allowed to combine funding from PCE and other organizations such as investor-owned utilities, Air Districts, state rebates, etc. In no event shall the combined funding from PCE and third parties exceed 100% of total project costs. PCE funding may be reduced to avoid customer’s receipt of an excess of 100% of total project cost. No Double Dipping: Customers receiving other funding from PCE, including, but not limited to the EV Ready Program, for the same project locations that are included in the Public EV Fleets Program are not eligible to receive additional funding from the Public EV Fleets Program. Dedicated Point of Contact: Customer agrees to provide a dedicated point of contact to PCE and its contractors for coordination purposes throughout the project. Access: Customer agrees to coordinate visits to its facilities with PCE and its contractors, as needed, to collect information to prepare EV charging infrastructure installation plans. Fleet Composition, Facilities Information, and Energy Data: Customer agrees to share information with PCE and its contractors regarding fleet composition and usage, including asset inventories, fueling records, duty cycles, mileage readings, etc., as available, facilities information such as-builts or architectural designs, panel schedules, single-line diagrams, as available, and historical energy data for facilities that may install charging in this Program. Ownership of Information: PCE may provide the customer with project deliverables in this Program, such as fleet analyses, charging assessments, project plans, energy optimization schedules, etc., but PCE shall have all ownership rights, including exclusive copyright ownership, for all work products from these services, data, reports, research results,
9.1 Attachment 2 - Agreement
370
PUBLIC EV FLEETS PROGRAM
2 of 2 11.01.22 Public EV Fleets Customer Participation Agreement
CUSTOMER PARTICIPATION AGREEMENT
summaries, information, or other written, recorded, photographic, or visual materials (hereinafter “information”) produced and collected during the term of this Agreement. This information may be used in further marketing of the program or as case study information to educate other stakeholders on fleet electrification strategies. Ongoing Data: Customer agrees to provide PCE access to EV charging data through the charging operator’s online portal or other system to be determined and share EV charging data with PCE for a minimum of three (3) years. General Terms and Conditions Release of Claims Against, and Hold Harmless of, Peninsula Clean Energy Authority and Contractors: Customer discharges and releases PCE, its contractors and their officers, employers, employees, and agents from and against any and all claims, demands, liabilities, obligations, damages or chose in action, legal or equitable, of whatever kind or nature, including negligence by PCE, its contractors, in which Customer, and Customer’s successors in interest, heirs, estates or personal representatives, or family members, now may have or assert, or may have had in the past or may have in the future, against PCE, its contractors as the result of, based upon, arising out of, or connected with PCE, its contractor’s involvement with the Project. Customer is on notice of and hereby specifically and expressly waives the provisions of California Civil Code § 1542, which provides that a “general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Customer also agrees to indemnify and hold harmless PCE, its contractors from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees and costs, brought as a result of PCE, its contractor’s involvement with the Project, and to reimburse Peninsula Clean Energy Authority, its contractors for any such expenses incurred. Incidental and Consequential Damages: BOTH PARTIES AGREE NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. Compliance with Laws: Customer shall comply with all federal, state, and municipal laws, ordinances, rules, orders, and regulations which apply to its actions. No Obligation: Customer is not obligated to purchase any service or other service not funded by this Program, through Peninsula Clean Energy Authority. Availability of Funds: This program is available at PCE’s discretion, until allocated funds are depleted. This Program may be modified or terminated without notice. Customer: I CERTIFY THAT I have read and understood the Participation Agreement. I certify that the information I have provided is true and correct. Customer Name: ______________________________ Customer Signature: __________________________ Date: _____________ Customer Address: ___________________________________________ City: _______________________ Zip Code: ___________ Customer Phone: ______________________________ Customer Email: ___________________________
9.1 Attachment 2 - Agreement
371
Prepared Date 10/31/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/4
Report Number 12
Check Date Check Number Vendor Name Description Check Amount 10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
150267
150268
150269
150270
150271
150272
150273
A PLUS TREE LLC TREE SERVICES 2,350.00
1,698.39
1,499.00
300.00
AAA BUSINESS SUPPLIES & INTERIORS
ACOM SOLUTIONS INC.
OFFICE SUPPLIES
ACOM LICENSE TRANSFER
ALEXANDER VOLOKITIN UNIFORM ALLOWANCE
ALL AMERICAN SEWER TOOLS
ALL INDUSTRIAL SUPPLY
MISCELLANEOUS SUPPLIES - SEWER PROGRAM
MISCELLANEOUS SUPPLIES - SEWER PROGRAM
2,569.70
1,845.47
AMAZON CAPITAL SERVICES, INC. 11 LAPTOPS AND MISCELLANEOUS SUPPLIES - PARK
PROGRAM
9,580.61
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
150274
150275
150276
150277
150278
150279
AMERICAN TECHNOLOGY SOLUTIONS
AMS SYSTEMS INC
ART KIESEL
W2 ONLINE SERVICES (ADVANCE DEPOSIT) 99.76
4,803.03
803.76
PRINTING MAILER/POSTAGE
EMPLOYEE REIMBURSEMENT: ART KIESEL
BUSINESS PHONE LINE ACCOUNT
CELLULAR SERVICES - POLICE CARS
AT&T 1,598.94
528.29AT&T MOBILITY
AVENU MUNISERVICES LLC CLEARVIEW/STARS SERVICES - SALES TAX REPORTING SYSTEMS: 1ST QUARTER 2023
375.00
10/31/2023 150280 BAY AREA WATER SUPPLY & CONSERVATION
AGENCY
WATER LOSS CONTROL PROGRAM: AUGUST -
SEPTEMBER 2023 AND LANDSCAPE AUDIT: JULY -
SEPTEMBER 2023
9,331.50
10/31/2023
10/31/2023
10/31/2023
150281
150282
150283
BLANKINSHIP & ASSOCIATES, INC.
BUBBA'S FIRE EXTINGUISHER CO
BURKE, WILLIAMS & SORENSEN, LLP
LAGOON MANAGEMENT PROGRAM 3,017.50
3,599.69
43,819.27
FIRE EXTINGUISHER SERVICES
CITY ATTORNEY SERVICES: JULY & AUGUST 2023,
PROFESSIONAL SERVICES: AR2023-0004; SOLID WASTE
AGREEMENT
10/31/2023
10/31/2023
150284
150285
CAL-WEST LIGHTING & SIGNAL MAINTENANCE INC STREET LIGHT REPAIR AND TRAFFIC SIGNAL
MAINTENANCE
6,478.18
1,250.00CALIFORNIA DEBT AND INVESTMENT ADVISORY
COMMISSION
2023 GO BOND REPORTING FEE
10/31/2023
10/31/2023
150286
150287
CHEMSEARCH ECOFLOW BIOAMP PROGRAM
UNIFORM/LAUNDRY SERVICES
2,009.77
477.51CINTAS CORPORATION
10.1 Warrant Register Report FY 2023-2024 Number 12 - October 31, 2023
372
Prepared Date 10/31/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/4
Report Number 12
Check Date Check Number Vendor Name Description Check Amount 10/31/2023 150288 CITY OF SOUTH SAN FRANCISCO COUNCIL OF CITIES DINNER MEETING: STACY JIMENEZ,
JON FROOMIN, ART KIESEL, SAM HINDI, AND PATRICK
SULLIVAN
300.00
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
150289
150290
150291
150292
150293
CLARK PEST CONTROL OF STOCKTON INC
CODE PUBLISHING, LLC
PEST AWAY SERVICE 945.00
352.50MUNICIPAL CODE UPDATE
COMMUNICATION ACADEMY INSTRUCTOR FEE: MATH OLYMPIAD
21 ELEMENTS 2023-2024 ANNUAL DUES
427.00
COMMUNITY PLANNING COLLABORATIVE
CONSOR NORTH AMERICA INC
2,350.00
951.50CIP690: SEISMIC IMPROVEMENTS - PROFESSIONAL
SERVICES: AUGUST 2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
150294
150295
150296
150297
150298
CORODATA RECORDS MANAGEMENT INC
CREATE MIX & MINGLE
OFF-SITE RECORDS STORAGE 221.73
264.00INSTRUCTOR FEE: PAINTING
CREATIVE SECURITY COMPANY INC.
CREST/GOOD MANUFACTURING CO. INC
CSG CONSULTANTS INC.
BACKGROUND INVESTIGATIONS 1,875.69
1,287.94
54,630.25
PLUMBING MATERIAL & SUPPLIES - PARKS PROGRAM
CIP703: STREET REHABILITATION PROJECT, STAFF
AUGMENTATION, CIP693: CITY ROOF REPLACEMENT,
CIP705: EMERGENCY GENERATOR REPLACEMENT,
CIP710: SHELL BRIDGE SANITARY SEWER, CIP704:
WATER METER REPLACEMENT, D542 WAVERLY PHASE
3, D548 FAMILY DENTAL, D552 GILEAD PARK, D555
GILEAD 342 LAKESIDE, D556 GILEAD - 344 LAKESIDE,
D559 GILEAD 346 LAKESIDE, D561 GILEAD NRC - 331
LAKESIDE, D560 388 VINTAGE PARK, D555 GILEAD - B342
INSPECTION SERVICES, D556 GILEAD - B344
INSPECTION SERVICES, D542 PILGRIM TRITON - PHASE
3, UP2023-0080 TO UP2023-0090: CROWN CASTLE
MICROCELL PROJECTS
10/31/2023
10/31/2023
150299
150300
CWEA CERTIFICATION RENEWAL: DOUGLAS YOUNG AND
MEMBERSHIP RENEWAL: LUIS DIAZ, LUIS AVALOS, AND
ZAHEED DANISH
761.00
CYCLE GEAR, INC. MOTORCYCLE PARTS/SUPPLIES 1,049.54
10.1 Warrant Register Report FY 2023-2024 Number 12 - October 31, 2023
373
Prepared Date 10/31/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/4
Report Number 12
Check Date Check Number Vendor Name Description Check Amount 10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
150301
150302
150303
150304
150305
150306
150307
150308
150309
150310
150311
150312
150313
150314
150315
CYRACOM INTERNATIONAL INC
DANIELLE FLUKER
DAVID EDHAMMER
DAVID LIU
LANGUAGE TRANSLATORS 4.55
350.00
40.00 RENTAL DEPOSIT REFUND
POST TRAINING: DAVID EDHAMMER
VISION REIMBURSEMENT: DAVID LIU
EMPLOYEE REIMBURSEMENT: DAVID LIU
EMPLOYEE REIMBURSEMENT: DAVID ORLANDO
45.00 DAVID LIU 1,229.08
2,321.90DAVID ORLANDO
DOCUSIGN INC DOCUSIGN ELECTRONIC SIGNATURE SUBSCRIPTION PEST CONTROL - 501 PILGRIM
4,347.00
325.00EARL'S PEST CONTROL
EDMUND SUEN EMPLOYEE REIMBURSEMENT: EDMUND SUEN
INSTRUCTOR FEE: KARATE
1,165.78
4,825.20
7,017.00
1,864.07
110,219.70
200.00
EDWARDS, BERNARD
EFUEL, LLC FUEL POLISHING FOR LIFT STATIONS
ENNIS-FLINT, INC. MISCELLANEOUS SUPPLIES - STREET PROGRAM WATER SERVICES: AUGUST - SEPTEMBER 2023
VISION REIMBURSEMENT: ETHAN SHIVES
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
ETHAN SHIVES
EWING IRRIGATION PRODUCTS MISCELLANEOUS MATERIALS & IRRIGATION SUPPLIES -
PARKS PROGRAM
3,131.40
10/31/2023
10/31/2023
150316
150317
FERGUSON ENTERPRISES LLC
FIELDTURF USA INC.
MISCELLANEOUS SUPPLIES - WATER AND SEWER
PROGRAM
CIP709: SEA CLOUD PARK SYNTHETIC TURF
RESURFACING - PROFESSIONAL SERVICES: AUGUST -
SEPTEMBER 2023
3,274.37
869,750.55
10/31/2023 150318 FLOCK GROUP INC POLICE DEPARTMENT - POLE & CAMERA REPLACEMENT 1,300.00 10/31/2023
10/31/2023
150319
150320
FOLGERGRAPHICS ACTIVITY GUIDE - WINTER 2023
AUTO PARTS
3,456.25
470.25FORELAND PARTS INC.
10/31/2023
10/31/2023
150321
150322
FOSTER CITY CHAMBER OF COMMERCE
FOSTER CITY ISLANDER
FY21/22 ANNUAL MEMBERSHIP DUES
ADVERTISEMENT: GP2023-0001 AND RZ2023-0007
2,100.00
696.00
10.1 Warrant Register Report FY 2023-2024 Number 12 - October 31, 2023
374
Prepared Date 10/31/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/4
Report Number 12
Check Date Check Number Vendor Name Description Check Amount 10/31/2023 150323 FOSTER'S LANDING 2023 QUARTER 4: OCTOBER - DECEMBER 2023
EMERGENCY RENT SUBSIDY PROGRAM (ERSP)
PAYMENT: ENAYAT ENAYATI
7,080.00
10/31/2023
10/31/2023
10/31/2023
10/31/2023
150324
150325
150326
150327
GERALD LEVITT SYNTHETIC TURF REBATE 2,080.00
GERARDO DELFIN, JR
THE GOODYEAR TIRE & RUBBER COMPANY
GRAINGER
EMPLOYEE REIMBURSEMENT: GERARDO DELFIN, JR
AUTO PARTS
1,048.34
1,733.68
1,727.23MISCELLANEOUS SUPPLIES - PARK, STREET, AND
WATER PROGRAM
10/31/2023
10/31/2023
150328
150329
GRANITE ROCK COMPANY
GRIFFIN STRUCTURES INC
MISCELLANEOUS SUPPLIES - WATER PROGRAM 437.74
CONSTRUCTION SUPPORT SERVICES: CIP678 -
RECREATION CENTER REPLACEMENT PROJECT
16,685.20
10/31/2023 150330 GROUP4 ARCHITECTURE RESEARCH +PLAN CIP678: RECREATION CENTER CONSTRUCTION SUPPORT - PROFESSIONAL SERVICES: SEPTEMBER
2023
163,871.98
10/31/2023
10/31/2023
10/31/2023
150331
150332
150333
HARRELL'S LLC AGRICULTURAL SUPPLIES 9,267.30
800.00HELM INCORPORATED
HF&H CONSULTANTS, LLC.
VCM SOFTWARE RENEWAL
2023 SOLID WASTE FRANCHISE FEE ANALYSIS AND
COST REVIEW - PROFESSIONAL SERVICES: AUGUST -
SEPTEMBER 2023
11,886.25
10/31/2023 150334 HIP HOUSING AFFORDABLE VENTURES INC WORKFORCE MANAGEMENT FEES: AUGUST 2023, MATERIALS REIMBURSEMENT - 501 PILGRIM DR,
REPAIRS - 835 COMET, AND TOILET REPAIR - 633
COMET
6,656.28
10/31/2023 150335 HOME DEPOT CREDIT SERVICES MISCELLANEOUS MATERIAL & SUPPLIES - PARKS,
BUILDING, SEWER, STREETS, & WATER PROGRAMS
5,289.61
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
150336
150337
150338
150339
150340
INFOSEND INC.
IT'S PERSONNEL
JANE LIM
ONLINE UTILITY BILLING 2,664.25
16,912.50
227.50
HR SUPPORT - SEPTEMBER 2023
INSTRUCTOR FEE: CERAMICS WORKSHOP
EMPLOYEE REIMBURSEMENT: JAY MARLETTE
INSTRUCTOR FEE: CREATE & LEARN
JAY MARLETTE
ZHIMEI JIANG
1,223.37
827.40
10.1 Warrant Register Report FY 2023-2024 Number 12 - October 31, 2023
375
Prepared Date 10/31/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/4
Report Number 12
Check Date Check Number Vendor Name Description Check Amount 10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
150341
150342
150343
150344
150345
150346
JOSEPH PAUL KAISER INSTRUCTOR FEE: AFTER SCHOOL HOOPS
JANITORIAL SERVICE: OCTOBER 2023
10,268.62
26,615.50JULIO CLEANING AND MAINTENANCE
KRISTINA MURATORI
LARRY ALBERT
EMPLOYEE REIMBURSEMENT: KRISTINA MURATORI
ROOM DEPOSIT REFUND
1,081.97
500.00
LDVALI LLC INSTRUCTOR FEE: LINE DANCING 612.00
LORAL LANDSCAPING INC. LANDSCAPE, MEDIANS AND EASEMENTS MAINTENANCE FEE: OCTOBER 2023
16,958.91
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
150347
150348
150349
150350
150351
150352
LUIS NERI EMPLOYEE REIMBURSEMENT: LUIS NERI
LANDSCAPE MATERIALS - PARKS PROGRAM
EMPLOYEE REIMBURSEMENT: MARLENE SUBHASHINI
CONSTRUCTION & DEMOLITION DEPOSIT REFUND
LIGHTING SUPPLIES
225.00
2,900.63
1,260.49
1,000.00
678.95
LYNGSO GARDEN MATERIALS, INC.
MARLENE SUBHASHINI
MC MANIS AND ASSOCIATES, INC
METRO LIGHTING PRODUCTS
MISSION CLOUD SERVICES, INC CALOPPS SUPPORT - AMAZON WEB SERVICES:
SEPTEMBER 2023
1,473.78
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
150353
150354
150355
150356
150357
MISSION LINEN SUPPLY-UNIFORM
MUNICIPAL MAINTENANCE EQUIP INC.
NANCY ESCOTO
LAUNDRY SERVICES 736.24
1,389.63
500.00
SEWER JET MAINTENANCE
RENTAL DEPOSIT REFUND
NESS BACKFLOW & PLUMBING
NWESTCO LLC
SEWER LINE REPAIR AT EDGEWATER PARK 978.00
OPERATOR INSPECTION FOR LIFT STATION #29 AND
MONTHLY FUEL SYSTEM CHECK
4,695.46
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
150358
150359
150360
150361
150362
150363
150364
OFFICE DEPOT OFFICE SUPPLIES 488.74
47.60GREGORY N ORDUYAN INSTRUCTOR FEE: INTRO TO VIDEO GAME DESIGN
FIRE ALARM INSPECTIONPACIFIC AUXILIARY FIRE ALARM COMPANY
PACIFIC GAS & ELECTRIC COMPANY
PATRICK SULLIVAN
1,323.00
113,571.94
1,088.06
2,088.00
3,675.00
ELECTRICITY & GAS
EMPLOYEE REIMBURSEMENT: PATRICK SULLIVAN
INSTRUCTOR FEE: GYMNASTICS
PRESSURE WASHING SERVICES
PENINSULA GYMNASTICS
PENINSULA POWER WASH
10.1 Warrant Register Report FY 2023-2024 Number 12 - October 31, 2023
376
Prepared Date 10/31/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/4
Report Number 12
Check Date Check Number Vendor Name Description Check Amount 10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
150365
150366
150367
150368
150369
PITNEY BOWES RESERVE ACCOUNT
PRAMODH RAMESH
POSTAGE 3,000.00
25.00CLASS REFUND: BASKETBALL
PREFERRED ALLIANCE "DOT" COMPLIANCE EXPENSES - SEPTEMBER 2023
TOWEL/UNIFORM LAUNDRY SERVICES
FY23/24 ANNUAL MEMBERSHIP
254.70
172.28
300.00
PRUDENTIAL OVERALL SUPPLY
PUBLIC AGENCY RISK MANAGEMENT
ASSOCIATION
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
150370
150371
150372
150373
150374
150375
150376
RAUL FALCON RENTAL DEPOSIT REFUND 500.00
6,500.00
455.16
RENNE PUBLIC LAW GROUP, LLP
ROADSAFE TRAFFIC SYSTEMS INC.
RODAN BUILDERS
LOBBYING SERVICES: SEPTEMBER 2023
CIP657: ANIMAL ABANDONMENT SIGNS FOR LEVEE
TEMP HYDRANT METER REFUND
INSTRUCTOR FEE: CERAMICS
2,106.59
2,107.00
937,513.08
3,395.00
ROSANNE CANZIANI PETRELLA
SFPUC - WATER WATER SERVICES: 09/12/23-10/11/23
SAN MATEO COUNTY ENVIRONMENTAL HEALTH COMMISSARY, CATERING/KITCHEN RENTAL AND
BACKFLOW TESTER ANNUAL FEE
10/31/2023 150377 COUNTY OF SAN MATEO CA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM ACCESS: JULY - SEPTEMBER 2023
740.28
10/31/2023
10/31/2023
150378
150379
SAN MATEO COUNTY MOSQUITO ABATE SERVICES - SEPTEMBER 2023 6,008.03
SAN MATEO LAWN MOWER SHOP MISCELLANEOUS SUPPLIES - VEHICLE AND WATER
PROGRAM
1,467.12
10/31/2023
10/31/2023
150380
150381
SAN MATEO UNION HIGH SCHOOL DISTRICT
SCHAAF & WHEELER CONSULTING
AFTER SCHOOL BUS SERVICES 21,667.50
58,867.05CIP657: LEVEE PROTECTION PLAN AND IMPROVEMENT - AUGUST 2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
150382
150383
150384
150385
SELINA VIGIL EMPLOYEE REIMBURSEMENT: SELINA VIGIL
BUSINESS CARDS: MARLENE SUBHASHINI
PUMP REPAIR AT LIFT STATION #27
1,120.16
43.76SERVICE PRESS INC.
SHAPE INCORPORATED 5,025.31
7,928.00SOUTH BAY REGIONAL PUBLIC SAFETY TRAINING BASIC POLICE ACADEMY #175 FOR MATEO FRISZ AND
CONSORTIUM VICTORIA PIERUCCI
10.1 Warrant Register Report FY 2023-2024 Number 12 - October 31, 2023
377
Prepared Date 10/31/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/4
Report Number 12
Check Date Check Number Vendor Name Description Check Amount 10/31/2023 150386 STARVISTA FIRST CHANCE PROGRAM - JOINT POWERS AUTHORITY
AGREEMENT
10,973.08
10/31/2023
10/31/2023
150387
150388
DEPARTMENT OF JUSTICE
STEFAN CHATWIN
FINGERPRINTING SERVICES 239.00
519.16EMPLOYEE REIMBURSEMENT AND PROFESSIONAL
DEVELOPMENT: STEFAN CHATWIN
10/31/2023
10/31/2023
10/31/2023
150389
150390
150391
STORMWIND LLC STORMWIND IT TRAINING
AUTO REPAIR SERVICES
1,980.00
4,438.24
2,405.00
SUMMIT AUTO BODY & PAINTING
SUTTER HEALTH EMPLOYEE ASSISTANCE SERVICES: 11/01/2022 - 11/30/2023
10/31/2023
10/31/2023
150392
150393
T-MOBILE CELLULAR SERVICES - OCTOBER 2023 2,999.11
TAIT ENVIRONMENTAL SERVICES INC CIP700: FUEL SYSTEMS IMPROVEMENTS - PROFESSIONAL SERVICES: AUGUST 2023
PLASTIC MATERIALS
14,951.94
10/31/2023
10/31/2023
150394
150395
TAP PLASTICS, INC. 144.71
TARGET SPECIALTY PRODUCTS MISCELLANEOUS SUPPLIES - LAGOON PROGRAM AND
FIELD DAY TRAINING FOR TODD HAENA, GARRETT
GOTTHARDT, JAMIE ECHEVERRIA, AND GREG SHUMIZU
4,926.37
10/31/2023 150396 TELECOMMUNICATIONS ENGINEERING
ASSOCIATES
RADIO EQUIPMENT FEES 2,115.50
10/31/2023
10/31/2023
10/31/2023
10/31/2023
150397
150398
150399
150400
KAREN M TESKE INSTRUCTOR FEE: ZUMBA
VALVE MODULE REPAIR
ENGINEERED WOOD FIBRE
112.00
2,100.00
3,777.25
3,938.89
THE BACKFLOW PRO INC.
THE FIBAR GROUP LLC.
THE PLAZA APARTMENTS EARLY RELOCATION ASSISTANCE PROGRAM (ERAP) PAYMENT: MARK PREYS
10/31/2023 150401 THE RADAR SHOP POLICE DEPARTMENT - RADAR GUN/LIDAR RE-
CERTIFICATIONS
466.00
10/31/2023
10/31/2023
10/31/2023
150402
150403
150404
THERMAL MECHANICAL INC.
THIRKETTLE CORPORATION
THOMSON REUTERS
HVAC SYSTEM PREVENT MAINTENANCE 6,331.00
2,791.11
490.87
WATER METER PURCHASES
ANNUAL CODE BOOK SUBSCRIPTIONS: JUNE 1, 2023 -
MAY 31, 2024
10.1 Warrant Register Report FY 2023-2024 Number 12 - October 31, 2023
378
Prepared Date 10/31/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/4
Report Number 12
Check Date Check Number Vendor Name Description Check Amount 10/31/2023
10/31/2023
10/31/2023
150405
150406
150407
TRI-VALLEY MOTO MOTORCYCLE PARTS
SOLAR REBATE
6,100.17
1,000.00
5,930.00
TZESHAN SHANE SHIH
URBAN PLANNING PARTNERS INC. OBJECTIVE DESIGN STANDARDS, AFFORDABLE
HOUSING, SAFETY ELEMENT UPDATE, AND HOUSING
ELEMENT UPDATE - PROFESSIONAL SERVICES:
SEPTEMBER 2023
10/31/2023
10/31/2023
10/31/2023
10/31/2023
150408
150409
150410
150411
VALLEY OIL COMPANY
VERDE DESIGN INC
GAS 31,763.29
3,450.00
5,533.20
8,085.17
CIP709 - PROFESSIONAL SERVICES: 8/26/23 - 9/25/23
JANITORIAL SUPPLIESVERITIV OPERATING COMPANY
VERMONT SYSTEMS INC RECTRAC ANNUAL SOFTWARE MAINTENANCE: 10/1/2023 - 9/30/2024
10/31/2023
10/31/2023
10/31/2023
10/31/2023
150412
150413
150414
150415
WARMAN SECURITY
WE GO LOGO
DOORS.NET LICENSING, LABOR, AND MATERIAL 16,062.41
218.75STAFF UNIFORMS - PARKS PROGRAM
WEST COAST CODE CONSULTANTS, INC
4LEAF, INC.
ADMIN SCANNING SERVICES: SEPTEMBER 2023
BUILDING INSPECTOR SERVICES: SEPTEMBER 2023
4,930.00
3,751.10
2,837,880.11
Submitted for Information:
____________________________________________
Edmund Suen, City Treasurer
CHECKS ON THIS REGISTER PROCESSED AND MAILED ON OCTOBER 31, 2023
10.1 Warrant Register Report FY 2023-2024 Number 12 - October 31, 2023
379
Prepared Date 11/3/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/5
Report Number 13
Check Date Check Number
150416
Vendor Name
STEVEN ARCHER
Description
LONGEVITY 10/16/2023-11/15/2023
Check Amount
11/3/2023 140.00
140.00
Submitted for Information:
____________________________________________
Edmund Suen, City Treasurer
CHECKS ON THIS REGISTER PROCESSED AND MAILED ON NOVEMBER 3, 2023
10.1 Warrant Register Report FY 2023-2024 Number 13 - November 3, 2023
380
Prepared Date 11/3/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/5
Report Number 13A
ACH Date ACH Vendor Name Description Amount
11/3/2023
11/3/2023
11/3/2023
11/3/2023
11/3/2023
11/3/2023
11/3/2023
11/3/2023
11/3/2023
11/3/2023
11/3/2023
11/3/2023
11/3/2023
11/3/2023
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
WILLIAM CLARK LONGEVITY 10/16/2023-11/15/2023
LONGEVITY 10/16/2023-11/15/2023
LONGEVITY 10/16/2023-11/15/2023
LONGEVITY 10/16/2023-11/15/2023
LONGEVITY 10/16/2023-11/15/2023
LONGEVITY 10/16/2023-11/15/2023
LONGEVITY 10/16/2023-11/15/2023
LONGEVITY 10/16/2023-11/15/2023
LONGEVITY 10/16/2023-11/15/2023
LONGEVITY 10/16/2023-11/15/2023
LONGEVITY 10/16/2023-11/15/2023
LONGEVITY 10/16/2023-11/15/2023
LONGEVITY 10/16/2023-11/15/2023
LONGEVITY 10/16/2023-11/15/2023
LONGEVITY 10/16/2023-11/15/2023
LONGEVITY 10/16/2023-11/15/2023
210.00
200.00
200.00
275.00
140.00
210.00
350.00
350.00
345.00
140.00
210.00
350.00
350.00
350.00
BARBARA SCHUTZ
DAVID VILLANUEVA
MOSHE JOSHUA
GLENN WILSON
ERIC EGAN
DOUGLAS ESTILL
THOMAS LINARI
MONICA MEDRANO
JOSEPH PIERUCCI
BRIAN TIDWELL
MICHAEL TOWNS
CHARLES GOODWIN
KENNKETH LAMBRO
MOHAMMAD ASLAM
KRAIG WHITNEY
11/3/2023
11/3/2023
ACH
ACH
345.00
350.00
4,375.00
Submitted for Information:
____________________________________________
Edmund Suen, City Treasurer
ACH ON THIS REGISTER PROCESSED ON NOVEMBER 3, 2023
10.1 Warrant Register Report FY 2023-2024 Number 13A - November 3, 2023
381