Agenda packet — Foster City City Council, February 20, 2024 (part 1 of 2)

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

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

To Observe the Meeting via Teleconference/Video Conference:

To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:

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

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

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

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

AGENDA
Tuesday, February 20, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. Presentation of Certificates of Recognition to the Bowditch Middle School 7th Grade Gold Basketball Team

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

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

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

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

6.1. City/EMID Special Meeting Minutes of January 30, 2024

6.2. City/EMID Regular Meeting Minutes of February 5, 2024

6.3. A Resolution of the City Council of the City of Foster City Approving the CEQA Addendum to the Adopted Initial Study and Mitigated Negative Declaration for Recreation Center Rebuild Project (“Project”) and Approving Plans and Specifications and Authorizing the Call for Bids for the Recreation Center Modular Buildings as Part of the Recreation Center Rebuild Project (CIP 301678)
a) Staff Report
b) Adopt Resolution

6.4. A Resolution of the City Council of the City of Foster City Approving and Authorizing Staff to Issue the Request for Contractor Qualifications for the Recreation Center Rebuild Project (CIP 301678) (CEQA Status: Adopted

IS/MND)
a) Staff Report
b) Adopt Resolution

6.5. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute the Second Amendment to the Agreement with Renne Public Law Group (dba, Renne Public Policy Group (RPPG), in the Amount of $120,000 for an Extended TwoYear Term, for Both State Legislative Advocacy Services and Optional Grant Writing Services and Authorizing Establishment of a Contingency in the Amount of $12,000 with Authorization Given to the City Manager to Execute any Contract Amendments Necessary for Grant Writing Services up to the Contingency Amount a) Staff Report
b) Adopt Resolution

6.6. A Resolution of the City Council of the City of Foster City Establishing the City of Foster City Local Housing Trust Fund Designating Commercial Linkage Fees and Below Market Rate Housing inlieu Fees as Dedicated Funding Sources for the Local Housing Trust Fund and Finding the Project Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15378
a) Staff Report
b) Adopt Resolution

6.7. A Resolution of the City Council of the City of Foster City Authorizing an Annual Scope of Work with Urban Insight for Website Development Services for Calopps.org in an Amount Not to Exceed $30,000 and Authorizing an Updated Master Services Agreement With Urban Insight for Website Development Services for Calopps.org
a) Staff Report
b) Adopt Resolution

6.8. A Resolution of the City Council of the City of Foster City Accepting the Work by FieldTurf USA, Inc. for the Synthetic Turf Resurfacing Project Sea Cloud Park S4 (CIP 301709) and Directing the City Clerk to File the Notice of Completion (CEQA Status: Exempt from CEQA Under Section 15061 (b)(3) and 15301(c) – Existing Facilities)
a) Staff Report
b) Adopt Resolution

7. REPORTS

7.1. Parks and Recreation Committee 2023 Year End Report, Review of Mission Statement, and Committee Goals for 2024
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

7.2. Wastewater Treatment Plant Master Plan Improvements Project (CIP 455 652) Clean Water Program – Update for Calendar Year Quarter Four – October Through December 2023
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

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

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on January 22, 2024; January 31, 2024; and February 5, 2024, and ACH were processed on February 5, 2024
a) Information Item Only
b) No Action Required

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

10. CLOSED SESSION

10.1. Conference with Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (1) of subdivision (e) of Section 54956.9: (One potential case)

10.2. Conference with Legal Counsel—Anticipated Litigation Initiation of Litigation pursuant to Government Code § 54956.9(d)(4):
(One potential case)

10.3. Report Out from Closed Session

11. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.

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

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

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

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

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

1 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, February 20, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. Presentation of Certificates of Recognition to the Bowditch Middle School 7th Grade Gold Basketball Team

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

6.1. City/EMID Special Meeting Minutes of January 30, 2024

6.2. City/EMID Regular Meeting Minutes of February 5, 2024

IS/MND)
a) Staff Report
b) Adopt Resolution

7. REPORTS

7.1. Parks and Recreation Committee 2023 Year End Report, Review of Mission Statement, and Committee Goals for 2024
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8. COMMUNICATIONS

10. CLOSED SESSION

10.2. Conference with Legal Counsel—Anticipated Litigation Initiation of Litigation pursuant to Government Code § 54956.9(d)(4):
(One potential case)

10.3. Report Out from Closed Session

11. ADJOURNMENT
The public is invited to attend.

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

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

2 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, February 20, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. Presentation of Certificates of Recognition to the Bowditch Middle School 7th Grade Gold Basketball Team

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

6.1. City/EMID Special Meeting Minutes of January 30, 2024

6.2. City/EMID Regular Meeting Minutes of February 5, 2024

IS/MND)
a) Staff Report
b) Adopt Resolution

7. REPORTS

7.1. Parks and Recreation Committee 2023 Year End Report, Review of Mission Statement, and Committee Goals for 2024
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8. COMMUNICATIONS

10. CLOSED SESSION

10.2. Conference with Legal Counsel—Anticipated Litigation Initiation of Litigation pursuant to Government Code § 54956.9(d)(4):
(One potential case)

10.3. Report Out from Closed Session

11. ADJOURNMENT
The public is invited to attend.

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

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

3 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, February 20, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. Presentation of Certificates of Recognition to the Bowditch Middle School 7th Grade Gold Basketball Team

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

6.1. City/EMID Special Meeting Minutes of January 30, 2024

6.2. City/EMID Regular Meeting Minutes of February 5, 2024

IS/MND)
a) Staff Report
b) Adopt Resolution

7. REPORTS

7.1. Parks and Recreation Committee 2023 Year End Report, Review of Mission Statement, and Committee Goals for 2024
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8. COMMUNICATIONS

10. CLOSED SESSION

10.2. Conference with Legal Counsel—Anticipated Litigation Initiation of Litigation pursuant to Government Code § 54956.9(d)(4):
(One potential case)

10.3. Report Out from Closed Session

11. ADJOURNMENT
The public is invited to attend.

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

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

4 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, February 20, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. Presentation of Certificates of Recognition to the Bowditch Middle School 7th Grade Gold Basketball Team

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

6.1. City/EMID Special Meeting Minutes of January 30, 2024

6.2. City/EMID Regular Meeting Minutes of February 5, 2024

IS/MND)
a) Staff Report
b) Adopt Resolution

7. REPORTS

7.1. Parks and Recreation Committee 2023 Year End Report, Review of Mission Statement, and Committee Goals for 2024
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8. COMMUNICATIONS

10. CLOSED SESSION

10.2. Conference with Legal Counsel—Anticipated Litigation Initiation of Litigation pursuant to Government Code § 54956.9(d)(4):
(One potential case)

10.3. Report Out from Closed Session

11. ADJOURNMENT
The public is invited to attend.

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

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

5 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, February 20, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. Presentation of Certificates of Recognition to the Bowditch Middle School 7th Grade Gold Basketball Team

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

6.1. City/EMID Special Meeting Minutes of January 30, 2024

6.2. City/EMID Regular Meeting Minutes of February 5, 2024

IS/MND)
a) Staff Report
b) Adopt Resolution

7. REPORTS

7.1. Parks and Recreation Committee 2023 Year End Report, Review of Mission Statement, and Committee Goals for 2024
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8. COMMUNICATIONS

10. CLOSED SESSION

10.2. Conference with Legal Counsel—Anticipated Litigation Initiation of Litigation pursuant to Government Code § 54956.9(d)(4):
(One potential case)

10.3. Report Out from Closed Session

11. ADJOURNMENT
The public is invited to attend.

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

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

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18 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF JANUARY 30, 2024

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The duly called and noticed Special Meeting of the City Council of the City of Foster City sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID) of January 30, 2024 was called to order at 8:08 a.m. at the Emergency Operation Center, 1040 E. Hillsdale Boulevard, Foster City, San Mateo County, California by Mayor/President Sullivan.

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Denise Bazzano, Assistant City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City/District Manager; Andrew Brozyna, Public Works Director; Sofia Mangalam, Community Development Director; Edmund Suen,
Finance Director; Tracy Avelar, Police Chief; Diane Pitman, Administrative Services Director; Derek Schweigart, Parks and Recreation Director; Rob Lasky, IT Manager; Kevin Ortiz, Management Analyst; and Priscilla Schaus, Communications Director/City Clerk.

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

RECESS. The Mayor/President recessed the meeting from 9:45 a.m. – 10:00 a.m. and 11:30 a.m. – 12:05 p.m.

Meeting recessed into study session at 8:08 a.m. and reconvened at 4:32p.m.

ADJOURNMENT

6.1 6.1 Minutes

19 Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 4:32 p.m.

6.1 6.1 Minutes

20 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF FEBRUARY 5, 2024

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of February 5, 2024 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Sullivan.

This meeting was held as a hybrid meeting.

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

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

ABSENT: None.

STAFF PRESENT: Marlene Subhashini, Acting City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Sofia Mangalam, Community Development Director; Edmund Suen, Finance Director; Tracy Avelar, Police Chief; Diane Pitman, Administrative Services Director; Derek Schweigart, Parks and Recreation Director; Andrew Brozyna, Public Works Director; Waqas Hassan, Assistant Finance Director; Rob Lasky, IT Manager; Maddie Koval, Recreation Coordinator; Katherine Mendoza, Deputy City Clerk; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk.

SPECIAL PRESENTATIONS
PROCLAMATION RECOGNIZING FEBRUARY 2024 AS BLACK HISTORY MONTH.

Vice Mayor Jimenez presented the Proclamation Recognizing February 2024 as Black History Month to Alexis Lewis, representing the National Association for the Advancement of Colored People and Bill Stewart, representing the Foster City Black Resident Association.

PUBLIC

6.2 6.2 Minutes

21 Sally Huang addressed the City Council via email regarding establishing a city relationship with the city of Wenzhou, China.

CONSENT CALENDAR
Motion by Councilmember/Director Froomin, seconded by Councilmember/Director Hindi, and carried unanimously 5-0-0, approving the following items on the City/District Consent Calendar:

City/EMID Consent Calendar

1. City/EMID Regular Meeting Minutes of January 16, 2024;

2. City Ordinance No. 675, “An Ordinance of the City of Foster City Repealing and Replacing Chapter 6.04 (Animal Control) of Title 6 of the Foster City Municipal Code to Clarify Existing Definitions, Enact Additional Requirements for Animal Control, and Revise Animal Control Service Fees; and Find Introduction of Ordinance Exempt from Review Under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule Exemption) (First Reading January 16, 2024)”;

3. City Resolution No. 2024-3, “A Resolution of the City Council of the City of Foster City Accepting the Work by Columbia Electric, Inc. For the New Traffic Signals in Various Locations Project (CIP 301-681) and Directing the City Clerk to File the Notice of Completion; and Finding the Project Exempt from CEQA Under Section 15061(B)(3) and 15301(C) – Existing Facilities”;

4. City Resolution No. 2024-4, “A Resolution of the City Council of the City of Foster City Recommending City Council Approving a Supplemental Appropriation of $131,860 From General Fund 001 to Account 122-0832-463-42-87 for Substantial Repairs for the Existing Unit Purchase Program Property Located at 833 and 835 Comet Drive and Temporary Relocation Expenses for Tenants During Repairs and Find the Project Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)”;

5. City Resolution No. 2024-5, “A Resolution of the City Council of the City of Foster City Approve Budget Appropriation to Fund Workers Compensation Appeals Board Decision”;

6. City Resolution No. 2024-6, “A Resolution of the City Council of the City of Foster City Authorizing a Second Amendment to Agreement Between City of Foster City and Foster City Village, Inc. Extending Term from January 1, 2024 through December 31, 2024, with Additional Optional Extensions through June 30, 2026, and Authorizing City Manager to Approve Future Extensions, for Use of City- Owned Office and Meeting/Classroom Space, Information Technology Services and Equipment at the Community Center”; and

7. EMID Resolution No. 3754, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing a Second Amendment to Agreement Between Estero Municipal Improvement District and Foster City Village, Inc.

Extending Term from January 1, 2024 through December 31, 2024, with Additional Optional Extensions through June 30, 2026, and Authorizing City Manager to

6.2 6.2 Minutes

22 Approve Future Extensions, for Use of City-Owned Office and Meeting/Classroom Space, Information Technology Services and Equipment at the Community Center.”
Without objection from the City Council, Mayor Sullivan took “Youth Advisory Committee's 2023 Year End Report, Review of Mission Statement, and Goals for 2024” out of agenda order.

REPORTS
YOUTH ADVISORY COMMITTEE 2023 YEAR END REPORT, REVIEW OF MISSION STATEMENT, AND GOALS FOR 2024. MINUTE ORDER NO. 1958.

Francesca Wesley, Youth Advisory Committee Chair, and Sonya Singh, Youth Advisory Committee Vice Chair, presented the 2023 Year End Report, Review of Mission Statement, and Goals for 2024.

Motion by Vice Mayor Jimenez, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting Minute Order No. 1958, to receive and accept the Youth Advisory Committee 2023 Year End Report, Review of Mission Statement, and Goals for 2024.

NEW BUSINESS
INFORMATIONAL REPORT ON THE PRELIMINARY ANALYSIS OF THE CITY’S

CURRENT BUSINESS LICENSE TAX (BLT) STRUCTURE, VARIOUS BLT METHODOLIGIES AND COMPARISON TO OTHER CITIES. NO ACTION TAKEN.

Assistant City Manager Subhashini introduced Robb Korinke, representing Grassroots Lab and Eric Myers, representing Hinderliter De Llamas & Associates (HdL) who presented the staff report.

You You Xue addressed the City Council via teleconference.

Catherine Immanuel addressed the City Council in person.

Discussion ensued.

No action was taken.

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

City/District Warrants of Demands were Processed and Issued on January 11, 2024.

6.2 6.2 Minutes

23 CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
Councilmember/Director Kiesel stated he attended his regular committee meetings.

Councilmember/Director Hindi stated he attended the Peninsula Clean Energy (PCE) Board meeting on January 25. He reported that PCE will be reaching out to City staff to provide information about their GovPV solar energy program that will help local governments reduce energy costs. He also shared that the PCE Board voted to maintain their rates at 2023 levels until June 2024, when they will return and reassess their rates again. On January 18, he attended the Bay Area Water Supply and Conservation Agency (BAWSCA) Board meeting, where they elected a new Chair and Vice Chair.

Councilmember/Director Froomin stated he attended the South Bayside Waste Management Authority (SBWMA) Board meeting on January 25. He shared that they are looking at a fee that will be charged by the City of San Carlos to SBWMA which will affect their ratepayers, so the SBWMA Board hopes to renegotiate the amount.

Vice Mayor/Vice President Jimenez stated she attended a “Let’s Talk” event hosted by San Mateo Union High School District (SMUHSD) Superintendent Randall Booker on January 23. On January 25, she and Councilmember/Director Hindi met with Congressman Kevin Mullin and discussed concerns they had for the City. On January 30, she attended the City Council Vision and Policy Summit. She thanked the City’s Department Heads for working with the City Council to address their priorities and projects for the year. On January 31, she attended her first Parks and Recreation Committee meeting as the City Council liaison. She wished everyone a Happy Lunar New Year and Black History Month.

Mayor/President Sullivan stated he attended the San Mateo County Emergency Services Council meeting on January 18. On January 24, he attended the League of California Cities’ Mayors and Council Members Academy in Monterey. On January 26, Mayor/President Sullivan, Councilmember/Director Kiesel, and Councilmember/Director Hindi attended the League of California Cities Peninsula Division’s 2024 Legislators Address hosted by HP in Palo Alto. He then joined County Supervisor Noelia Corzo to meet with community members to discuss and share their priorities for the City. On January 30, he attended the City Council Vision and Policy Summit.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 7:57 p.m.

6.2 6.2 Minutes

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DATE: February 20, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager

FROM: Derek Schweigart, Parks and Recreation Director
Justin Lai, Senior Civil Engineer
DEPARTMENT: Parks and Recreation Department
SUBJECT: APPROVAL OF CEQA ADDENDUM TO THE ADOPTED

MITIGATED NEGATIVE DECLARATION FOR RECREATION

CENTER REBUILD PROJECT AND APPROVING PLANS AND
SPECIFICATIONS AND AUTHORIZATION TO CALL FOR BIDS –

RECREATION CENTER MODULAR BUILDINGS PROJECT (CIP
301-678)

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution:
1) Approving the CEQA Addendum to the Adopted Initial Study and Mitigated Negative Declaration for the Recreation Center Rebuild Project; and 2)Approving the Plans and Specifications and authorizing the call for bids for the lease and installation of three (3) modular buildings and one restroom trailer at or near the tennis courts at Leo J. Ryan Park as a part of the Recreation Center Rebuild Project (CIP 301-678).

EXECUTIVE SUMMARY
The Recreation Center Rebuild Project (Project) consists of replacing the existing Recreation Center with a new building. Modular buildings would be utilized to fill the gap for programs while the Recreation Center is under construction. Staff are recommending leasing three (3) modular classroom buildings and a restroom trailer that will be placed on or near the tennis courts at Leo J. Ryan Park.

6.3 6.3 Staff Report

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There is $55,374,250 available in the Project budget for construction, which is likely to increase for the final construction. It is estimated that the temporary modular buildings and restroom trailer will cost approximately $405,000 for the anticipated 22 months of construction. The City Council action will allow staff to advertise this portion of the project for bidding. Construction of the modular buildings is anticipated to take approximately 40 days with the rental lasting for 22 months.

BACKGROUND
At the regular City Council meeting on November 6, 2023, staff provided a report and presentation to the City Council on the temporary facilities and operations plan during the Recreation Center closure which is anticipated to start in September 2024. Staff received confirmation to move programs to The Vibe Teen Center, Community Center, and school multipurpose rooms (MPR) through the Joint Use Agreement with the San Mateo-Foster City School District during the anticipated two-year construction period.

The City Council also authorized the rental and installation of three (3) modular buildings and one (1) restroom trailer on or near the tennis courts at Leo J. Ryan Park. These temporary facilities aim to fill the gap and provide alternative spaces for recreational activities during the transition period.

The scope of work includes but is not limited to delivering, leveling, installing, and removing the temporary structures. Along with the structures, the buildings must be furnished properly and installed with the appropriate Americans with Disabilities Act (ADA) requirements. The installation of the temporary structures is subject to architectural review approval and staff are working on the architectural review permit.

ANALYSIS
The Project continues to be a priority for the City. Staff has been working on the programming and with the community on continuing to provide services during the closure of the current Recreation Center. Installing temporary facilities will allow the City to continue serving the public and provide staffing space.

Plans and specifications for the Modular Buildings for the Recreation Center Rebuild Project CIP 301-678 are complete and ready for bidding. City staff, with the help of City’s Project Construction Manager Griffin Structures, prepared the plans and specifications.

Construction of the modular buildings is anticipated to begin in May 2024 and will take approximately 40 days to complete the construction. After construction of the facilities, the buildings will remain for an anticipated 22 months, in which a removal period will follow. The overall project management and daily inspection will be provided by a combination of in-house staff and consultant support for the installation and removal of the modular buildings. This ensures that the structures are installed and removed with the appropriate materials, slopes, safety protocols and other technical requirements.

The engineer’s estimate for this work is $405,000.

6.3 6.3 Staff Report

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The anticipated project schedule is as follows:

Approval of plans and specifications &
authorization to call for bids
February 20, 2024
Bid Opening March 14, 2024
City Council Award of Contract April 1, 2024
Contract execution April 2024
Construction of modular buildings May – July 2024
Rental period August 2024 – June 2026
Building removal June 2026
Project Notice of Completion July 2026
CEQA
In July 2023, the City of Foster City, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines adopted by the Secretary of Resources, and the City of Foster City Environmental Review Guidelines, prepared an Initial Study and Mitigated Negative Declaration (SCH # 20231009) with Standards Conditions and Mitigation Monitoring and Reporting Program (SCAMMRP), and CEQA Findings (IS/MND) for the Recreation Center Rebuild Project.

On November 16, 2023, the City Planning Commission adopted the IS/MND and approved the Use Permit for the Project. Pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15164(b), the City has prepared an Addendum to the adopted IS/MND for Council’s consideration and approval. Only minor additions are being made to the Project by installing and removing three (3) modular classroom buildings and a restroom trailer on or near the existing tennis courts at Leo Ryan Park for the anticipated 22 months of construction. Additionally, none of the conditions described in CEQA Guidelines section 15162 are met as there are no substantial changes to the Project or new information of substantial importance.

FISCAL IMPACT
The Project (CIP 301-678) has an approved budget of $55,374,250 with plans to add additional funding based on current estimates of the project.

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

6.3 6.3 Staff Report

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ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – CEQA Addendum
*A hardcopy of the plans and specifications is available for viewing in City Hall.

6.3 6.3 Staff Report

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8 RESOLUTION NO.____________

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

APPROVING THE CEQA ADDENDUM TO THE ADOPTED INITIAL STUDY AND

MITIGATED NEGATIVE DECLARATION FOR RECREATION CENTER REBUILD PROJECT (“PROJECT”) AND APPROVING PLANS AND SPECIFICATIONS AND

AUTHORIZING THE CALL FOR BIDS FOR THE RECREATION CENTER MODULAR BUILDINGS AS PART OF THE RECREATION CENTER REBUILD PROJECT (CIP 301- 678)

CITY OF FOSTER CITY
WHEREAS, Plans and Specifications for the Modular Buildings for the Recreation Center Rebuild Project (CIP 301-678) have been completed and are ready for bid; and WHEREAS, CIP 301-678 involves the installation, rental and removal of temporary facilities for the Recreation Center; and
WHEREAS, In July 2023, the City of Foster City, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines adopted by the Secretary of Resources, and the City of Foster City Environmental Review Guidelines, prepared an Initial Study and Mitigated Negative Declaration (SCH # 20231009) with Standards Conditions and Mitigation Monitoring and Reporting Program (SCAMMRP), and CEQA Findings (IS/MND) for the Recreation Center Rebuild Project; and
WHEREAS, On November 16, 2023, the City Planning Commission adopted the IS/MND and approved the Use Permit for the Project. Pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15164(b), the City has prepared an Addendum to the adopted IS/MND. Only minor additions are being made to the Project by installing three (3) modular classroom buildings and a restroom trailer on or near the existing tennis courts at Leo Ryan Park for the anticipated 22 months of construction and removing them after construction is completed. Additionally, none of the conditions described in CEQA Guidelines section 15162 are met as there are no substantial changes to the Project or new information of substantial importance; and WHEREAS, total funding in the amount of $55,374,250 is available in the approved project budgets for the complete project of CIP 301-678; and WHEREAS, based on the Engineer’s Estimate for the modular buildings, adequate funding is available in CIP 301-678 to fully fund construction of the temporary facilities with the understanding that additional funding will be requested for the Recreation Center Rebuild Project portion of work; and

6.3 Attachment 1 - Resolution

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8 WHEREAS, construction and installation of the Modular Buildings is estimated to begin in May 2024.

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

1. The approval of the CEQA addendum to the adopted IS/MND for the Recreation Center Rebuild Project.

2. The approval of the plans and specifications and authorize the call for bids for the Modular Buildings for the Recreation Center Rebuild Project (CIP 301-678).

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 February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 1 - Resolution

30 City of Foster City
Addendum to the
Mi�gated Nega�ve Declara�on
for
Foster City Recrea�on Center Rebuild Project
APNs 094-470-130 and 094-470-150
SCH # 20231009

Introduc�on
In July 2023, the City of Foster City (“City”), in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines adopted by the Secretary of Resources, and the City of Foster City Environmental Review Guidelines, prepared an Ini�al Study and Mi�gate d Nega�ve Declara�on (SCH # 20231009) with Standards Condi�ons and Mi�ga�on Monitoring and Repor�ng Program (SCAMMRP), and CEQA Findings (IS/MND) for the redevelopment of the exis�ng 32,000-square-foot William E. Walker Recrea�on Center to create a new Foster City Recrea�on Center approximately 40,000 square feet in size in generally the same loca�on (“the project”).

On November 16, 2023, the City adopted the IS/MND (atached hereto as Atachment A) and approved the use permit for the Project. Under the adopted IS/MND, the proposed project included three components: 1) demoli�on of the exis�ng William E. Walker Recrea�on Center and construc�on of a new Foster City Recrea�on Center (recrea�on center); 2) improvements to Leo J. Ryan Park; and 3) parking improvements. However, during the �me that the building is under construc�on, modular buildings would be u�lized while the Recrea�on Center is under construc�on. This includes three (3) modular classroom buildings and a restroom trailer to be placed on or near the tennis courts at Leo Ryan Park for approximately 22 months.

Applicability and Use of an Addendum
Under CEQA, lead agencies must conduct an evalua�on of proposed changes to a project in order to determine whether further environmental analysis is required. (Pub. Resources Code § 21166; CEQA Guidelines, § 15162.) Once an EIR or nega�ve declara�on has been completed for a project, a lead agency may not require prepara�on of a subsequent environmental review unless the condi�ons set forth in Public Resources Code sec�on 21166 and CEQA Guidelines sec�on 15162 are sa�sﬁed.

Pursuant to CEQA Guidelines sec�on 15164(b), “[a]n addendum to an adopted nega�ve declara�on may be prepared if only minor technical changes or addi�ons are necessary or none of the condi�ons described in Sec�on 15162 calling for the prepara�on of a subsequent EIR or nega�ve declara�on have o ccurred.

CEQA Guidelines sec�on 15162 provides that no subsequent or supplemental environmental review shall be required unless:
(1) Substan�al changes are proposed in the project which will require major revisions of the p r e v i o u s E I R o r n e g a � v e d e c l a r a � o n d u e t o t h e i n v o l v e m e n t o f n e w s i g n i ﬁ c a n t e n v i r o n m e n t a l eﬀects or a substan�al increase in the severity of previously iden�ﬁed signiﬁcant eﬀects; (2) Substan�al changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or nega�ve declara�on due to

6.3 Attachment 2 - CEQA Addendum

31 the involvement of new signiﬁcant environmental eﬀects or a substan�al increase in the severity of previously iden�ﬁed signiﬁcant eﬀects; or
(3) New informa�on of substan�al importance, which was not known and could not have been known with the exercise of reasonable diligence at the �me the previous EIR was cer�ﬁed as complete or the nega�ve declara�on was adopted, shows any of the following:
(A) The project will have one or more signiﬁcant eﬀects not discussed in the previous EIR or nega�ve declara�on;
(B) Signiﬁcant eﬀects previously examined will be substan�ally more severe than shown in the previous EIR;
(C) Mi�ga�on measures or alterna�ves previously found not to be feasible would in fact be feasible and would substan�ally reduce one or more signiﬁcant eﬀects of the project, but the project proponents decline to adopt the mi�ga�on measure or alterna�ve; or (D) Mi�ga�on measures or alterna�ves which are considerably diﬀerent from those analyzed in the previous EIR would substan�ally reduce one or more signiﬁcant eﬀects on the environment, but the project proponents decline to adopt the mi�ga�on measure or alterna�ve.

An addendum need not be circulated for public review but can be included in or atached to the Final EIR or nega�ve declara�on (CEQA Guidelines § 15164(c)). The decision -making body shall consider the addendum with the Final EIR or nega�ve declara�on prior to making a decision on the project (CEQA Guidelines § 15164(d)). An agency must also include a brief explana�on of the decision not to prepare a subsequent EIR or nega�ve declara�on pursuant to Sec�on 15162 (CEQA Guidelines § 15164(e)).

Each environmental topic assessed under CEQA (Appendix G of the CEQA Guidelines) and in the mi�gated nega�ve declara�on was considered, including Aesthe�cs and Shade and Shadow; Air Quality; Biological Resources; Cultural Resources; Soils, Geology, and Seismicity; Greenhouse Gas Emissions; Hazards and Hazardous Materials; Hydrology and Water Quality; Land Use; Noise and Vibra�on; Traﬃc and Transporta�on; and Recrea�on,. to evaluate the categories in terms of any changed condi�on (e.g., changed circumstances, project changes, or new informa�on of substan�al importance) that may result in a changed environmental result (e.g., a new signiﬁcant impact or substan�al increase in the severity of a previously iden�ﬁed signiﬁcant eﬀect) (CEQA Guidelines § 15162).

Under the instant circumstances, no substan�al changes are being made to the Project. Three (3) modular classroom buildings and a restroom trailer are proposed to be placed on or near the tennis courts at Leo Ryan Park
for the an�cipated 22 months of construc�on. Therefore, the physical eﬀects on the environment are the same. Based on these circumstances, the modiﬁed Project does not trigger any of the circumstances that would require prepara�on of a subsequent EIR or nega�ve declara�on under Public Resources Code sec�on 21166 or CEQA Guidelines sec�on 15162, as further set forth in this Addendum.

Descrip�on of the Proposed Project:

The descrip�on of the Project remains the same as that described in the atached IS/MND. The exis�ng 32,000-square-foot recrea�on center located in Leo J. Ryan Park would be demolished, and the new Foster City Recrea�on Center would be constructed in approximately the same loca�on with a diﬀerent, larger

6.3 Attachment 2 - CEQA Addendum

32 footprint. The new recrea�on center building would be two stories and a maximum of approximately 40 feet in height and approximately 40,000 square feet in size. The ﬁrst ﬂoor of the new Recrea�on Center building would include mul�ple event spaces, as well as space for classrooms, oﬃces and staﬀ rooms, mee�ng rooms, a community lounge/lobby, a senior lounge, and a kitchen. Addi�onally, the ﬁrst ﬂoor would include restrooms, storage, and mechanical space. Building service areas would also include a generator and trash enclosures near the northern boundary of the site. The second ﬂoor would include space for ﬁtness rooms, mul�-purpose ac�vity rooms, an arts room, mee�ng rooms, and addi�onal oﬃce space as well as an outdoor pa�o on the south side of the building facing the Foster City Lagoon.

Added scope - During the �me that the Recrea�on Center is under construc�on, three (3) modular classroom buildings and a restroom trailer will be needed to accommodate the programs. These will be placed on or near the tennis courts at Leo J. Ryan Park. Construc�on of the modular buildings is an�cipated to take approximately 40 days (an�cipated to begin in May 2024). A�er construc�on of the facili�es, the buildings will remain for an an�cipated 22 months, in which a removal period will follow. The scope of work includes but is not limited to delivering, leveling, installing, and removing the temporary structures.

Along with the structures, the buildings must be furnished properly and installed with the appropriate Americans with Disabili�es Act (ADA) requirements.

Environmental Impacts Associated with the Modiﬁed Project:

Changed Condi�ons
Because the elements of the Project will remain the same as the Project previously examined in the atached IS/MND, with the excep�on of the adding modular buildings and a restroom trailer to fully eﬀectuate the Project, all direct Project impacts would remain the same as those iden�ﬁed in atached IS/MND in the absence of any changed condi�ons in the environment.

Based on its review of the modiﬁed Project and its familiarity with the Project environment, the City has determined that the environment in the Project loca�on has not changed in a way that would result in previously unexamined environmental impacts from the Project or an increase in the severity of any of the previously examined environmental impacts as these are temporary modular buildings . The modiﬁed Project will remain consistent with the approved Use Permit and would con�nue under the same Condi�ons of Approval.

New Informa�on
Based on its review of the modiﬁed Project and its familiarity with the project environment, the City has determined that there is not any new informa�on that was not available at the �me of the previous IS/MND that would show that the Project may have new or previously unexamined signiﬁcant impacts on the environment.

Cumula�ve Impacts
Based on its review of the modiﬁed Project and its familiarity with the Project environment, the City has determined that there is not any new informa�on that was not available at the �me of the previous IS/MND that would show that the modiﬁed Project scope may have new or increased cumula�ve impacts on the environment.

Conclusions:

6.3 Attachment 2 - CEQA Addendum

33 The modiﬁed Project would not result in any new or substan�ally more signiﬁcant impacts than those examined in the IS/MND.

Mi�ga�on Measures:

Based on its review of the modiﬁed Project and its familiarity with the Project environment, the City has determined that only minor addi�ons are being made to the Project by installing and removing three (3) modular classroom buildings and a restroom trailer on or near the exis�ng tennis courts at Leo Ryan Park for the an�cipated 22 months of construc�on. There is not any substan�al changes to the Project nor any new informa�on that was not available at the �me of the previous IS/MND that would show that the any revisions to the previously approved mi�ga�on measures are necessary.

6.3 Attachment 2 - CEQA Addendum

34 Exhibit A
Foster City Recrea�on Center Rebuild Project Ini�al Study/Mi�gated Nega�ve Declara�on and Responses to Comments are available here:
htps://www.fostercity.org/system/ﬁles/deleted/ﬁleatachments/community_development/project/452 43/foster_city_recrea�on_center_rebuild_public_ini�al_study_mi�gated_nega�ve_declara�on_technica l_reports_and_no�ces_0.pdf
htps://www.fostercity.org/sites/default/ﬁles/ﬁleatachments/community_development/page/45661/fo ster_city_rec_center_rebuild_project_-_ﬁnal_ceqa_responses_to_comments.pdf

6.3 Attachment 2 - CEQA Addendum

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DATE: February 20, 2024

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

FROM: Derek Schweigart, Parks and Recreation Director
Justin Lai, Public Works Senior Civil Engineer
Amy Zhou, Public Works Assistant Engineer
DEPARTMENT: Parks and Recreation
SUBJECT: REQUEST FOR QUALIFICATIONS (RFQ) FOR GENERAL

CONTRACTOR FOR THE CONSTRUCTION OF THE
RECREATION CENTER REBUILD PROJECT (CIP 301-678)

RECOMENDATION
It is recommended that the City Council adopt the attached resolution authorizing staff to issue a Request for Qualifications (RFQ) for a general contractor for the construction of the Recreation Center Rebuild Project (CIP 301-678) CEQA Status: Adopted IS/MND.

EXECUTIVE SUMMARY
The Recreation Center Rebuild Project (CIP 301-678) (Project) is in the construction document phase and a complete plan set is anticipated to be completed in May 2024.

The bidding period is expected to take place between June – August 2024. To streamline the bidding process, staff recommend a prequalification process to ensure that only contractors with demonstrated ability to execute the Project will be eligible to submit bids for the Project. The prequalification of contractors helps to create a pool of bidders that have the quality, capacity, financial soundness, and demonstrated expertise to perform work on a project of this size and complexity. The pre-qualification will eliminate contractors with a history of safety violations, performance failures,

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revocation of license, lack of qualifying experience on similar projects, and inadequate bonding capacity.

BACKGROUND
On January 23, 2019, the City Council, by Minute Order No. 1585, accepted the Final Recreation Center Master Plan Conceptual Design Report. On January 31, 2022, the City Council received an update that included the results of a Community Survey to validate the Community Input that had been received in the extensive community engagement that was completed, pre-pandemic, in 2017. The City Council adopted Minute Order No. 1832, directing staff to: 1) Accept the Recreation Center and Parks System Survey results, confirming staff has satisfied the City Council’s interest in validating programming and usage assumptions; 2) Proceed with a “build-to-budget” option for the Recreation Center in an amount not-to-exceed $55 million; and 3) Proceed with utilizing $36 million from the Capital Asset Acquisition and Replacement Fund and $19 million from the General Fund Reserves for the total not-to-exceed budget of $55 million for rebuilding the Recreation Center.

At the City Council regular meeting on November 21, 2022, the City Council awarded an agreement with Group 4 Architecture, Research + Planning, Inc. (“Group 4”) for professional design, bidding, and construction support services. The design phase began in January 2023 with the award of a construction management contract going to Griffin Structures.

At the City Council regular meeting on September 18, 2023, staff and Group 4 presented to City Council a full schematic design presentation which included an estimate of probable construction costs and a list of bid alternatives with cost information for City Council’s consideration. The City Council approved the schematic design and Project budget estimate, as well as provided direction on additional enhancements to be included in the Project.

At the City Council regular meeting on December 18, 2023, staff and Group 4 presented to City Council a full design development presentation which incorporated and reflected the design refinements directed by Council at the meeting on September 18, 2023. The Design Development Project Update was received and accepted unanimously by the Council, and by Minute Order No. 1953, Council directed staff to begin the construction document phase of the design.

Group 4 is continuing to develop the construction documents and anticipates a complete bid package by May 2024. Bidding is anticipated to occur between June 2024 and August 2024 and would be streamlined by the prequalification process.

Construction is estimated to begin in late September 2024.

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ANALYSIS
The purpose of the prequalification process is to ensure there is a reasonable prospect that each bidder who participates in submitting a bid will have the demonstrated ability (expertise, capitalization, and resources) to perform the final contract in a satisfactory manner. Prequalification is very common on major projects and was previously utilized for the levee project (CIP 301-657).

The prequalification limits prospective bidders for the specific construction project to contractors who demonstrate themselves to be qualified to construct the project. When the prequalification process is used for a project, only contractors who have complied with the prequalification process and have been determined qualified will be eligible to submit bids for the project.

The Request for Contractor Qualifications (Attachment 2) contains the Notice to Bidders, specifies the license(s) required to perform the work for the Project, and includes the Prequalification Questionnaire. Based on the proposed schedule, the Prequalification Questionnaire will need to be completed in its entirety and submitted by 2:00 PM on March 25, 2024, along with a signed certification statement as stated in the Statement of Understanding.

An evaluation panel comprised of staff and Griffin Structures will review and evaluate the submittals to determine a list of qualified contractors eligible to bid on the project.

A formal Notice of Determination will be issued by the City to each contractor who submits a complete response to the Request for Contractor Qualifications at least 10 days prior to solicitation of bids. A list of prequalified contractors will be available during the bid period from the City. Based on the current schedule, the Call for bids for the construction contract is anticipated for June through August 2024.

Staff is recommending the City Council adopt the attached Resolution authorizing the issuance of the Request for Contractor Qualifications.

CEQA
The City of Foster City, as lead agency, prepared an Initial Study/Mitigated Negative Declaration (IS/MND) for this project in compliance with the California Environmental Quality Act (CEQA), which was adopted by the Planning Commission on November 16, 2023 as part of the project for the demolition of the existing Recreation Center and construction of a new approximately 40,000 square foot, two story Recreation Center and Use Permit modification to allow the demolition and construction of the new Recreation Center in the approximate same location with supplemental landscaping.

The IS/MND was circulated for public review and comments from July 26, 2023 to August 15, 2023. A total of four (4) public comments were received and Responses to Comment (RTC) was completed and notification of availability was sent to all commenters.

6.4 6.4 Staff Report

38 5
3 1
A Notice of Determination was filed on November 21, 2023.

FISCAL IMPACT
There is no fiscal impact from this action.

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

Attachment 1 – Resolution
Attachment 2 – Request for Contractor Qualifications

6.4 6.4 Staff Report

39 1
6 7
7 RESOLUTION NO.____________

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

APPROVING AND AUTHORIZING STAFF TO ISSUE THE REQUEST FOR

CONTRACTOR QUALIFICATIONS FOR THE RECREATION CENTER REBUILD PROJECT (CIP 301-678) (CEQA STATUS: ADOPTED IS/MND)

CITY OF FOSTER CITY
WHEREAS, the City of Foster City wishes to seek qualified contractors to construct the Recreation Center Rebuild Project (CIP 301-678); and WHEREAS, the project is currently in the construction document development phase and the final plans, specifications, and estimate is anticipated to be completed in May 2024; and
WHEREAS, the estimated bidding period is June – August 2024; and WHEREAS, the bidding phase can be streamlined by prequalifying contractors, which is a common practice for major projects; and

WHEREAS, the prequalification process will ensure that bidding contractors have the capacity, financial soundness and demonstrated expertise to execute the Recreation Center Rebuild Project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the Request for Contractor Qualifications for the Recreation Center Rebuild Project (CIP 301-678) and authorize staff to issue the Request for Contractor Qualifications.

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 February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.4 Attachment 1 - Resolution

40 REQUEST FOR CONTRACTOR QUALIFICATIONS
for

FOSTER CITY RECREATION CENTER REBUILD
PROJECT CIP 301ꢀ678
February 20, 2024
City of Foster City
610 Foster City Boulevard Foster
City, California 94404
Project Location:
650 Shell Boulevard
Foster City, California, 94404
Deadline for Submissions:

March 25, 2024 at 2:00 PM

6.4 Attachment 2 - Request for Contractor Qualifications

41 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
NOTICE TO BIDDERS FOR PRE-QUALIFICATION (GC’S)

CITY OF FOSTER CITY
NOTICE IS HEREBY GIVEN that the CITY OF FOSTER CITY is inviting contractors to submit pre-qualification packages for the project referred to and described as follows:

PROJECT: Foster City Recreation Center Rebuild
PROJECT DESCRIPTION: The Foster City Recreation Center (FCRC) is a new ground up facility with a Gross Square Footage of
37,940 SF and related site improvements.

The new Recreation Center Rebuild project will
include the primary following scopes of work:

1. Demolition of existing buildings

2. New site utilities and landscaping

3. Core and shell and tenant improvements

4. Recreation Center program spaces and
administration offices

5. Food services

6. Outdoor event spaces
COMPLETION: 20 Months

CONSTRUCTION COST
ESTIMATE:
$54,000,000
LICENSE REQUIRED: GENERAL CONTRACTORS; CLASS ‘A’ or ‘B’ Prospective bidders for pre-qualification may review and download an electronic copy of the original pre- qualification package on the Foster City website, at the following link:
https://www.fostercity.org/parksrec/page/recreation-center-rebuild-project-rfp Pre-Qualification packages shall be uploaded electronically to the Foster City website link below before or at 2:00 p.m. on Monday March 25, 2024
Submission Link: https://www.fostercity.org/parksrec/page/recreation-center-rebuild-project-rfp-form After Pre-Qualification package submission, all packages will be reviewed and approved pre-qualified bidders will be notified via email, and a list will be posted to the RFQ webpage.

If there are any questions, please email Amy Zhou, Public Works Department, at:
[email protected]
Date: ____________ ____________________________
Derek Schweigert
Parks and Recreation Director
1 6.4
Attachment 2 - Request for Contractor Qualifications

42 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
The City of Foster City seeks to pre-qualify General Contractors for the construction of the Foster City Recreation Center Rebuild (“Project”), and hereby invites sealed pre- qualification submittals from licensed Contractors.

Notice is hereby given that the City of Foster City has determined that general contractor bidders on this Project must be pre-qualified prior to submitting a bid on this Project. The pre-qualification evaluation is solely for the purpose of determining which general building contractors (Contractors) are deemed qualified to successfully construct the Project.

Only Contractors in possession of a valid Class A or B Contractors license are allowed to bid on the Project.

It is mandatory that all Contractors who intend to submit a bid, fully complete the pre- qualification questionnaire, provide all requested materials, and be approved by the City of Foster City be on the final qualified bidders list.

Pre-Qualification submittal packages may be obtained at:
https://www.fostercity.org/parksrec/page/recreation-center-rebuild-project-rfp FILING OF SUBMITTALS: On or before 2:00 PM, March 25, 2024 Pre-Qualification Questionnaires shall be uploaded electronically to the following Foster City webpage: https://www.fostercity.org/parksrec/page/recreation-center- rebuild-project-rfp-form
All submittals must be labeled:

Recreation Center Rebuild Project - Contractor Prequalification” To: Amy Zhou
Assistant Engineer
[email protected]
Foster City Public Works Department
610 Foster City Blvd.

Foster City CA, 94404
It is the sole responsibility of the Contractor to see that the Pre-Qualification Submittal is received before the stated deadline.
2 6.4
Attachment 2 - Request for Contractor Qualifications

43 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS

PROJECT TEAM
OWNER

CITY OF FOSTER CITY
610 Foster City Blvd.

Foster City, CA. 94404
Contact: Amy Zhou

CONSTRUCTION MANAGER

GRIFFIN STRUCTURES
1850 Warburton Ave.

Santa Clara, CA. 95050
George Sanen
[email protected]

ARCHITECT OF RECORD
Group 4 Architecture and Planning
211 Linden Avenue
South San Francisco, CA 94080
Contact: Dawn Merkes
3 6.4
Attachment 2 - Request for Contractor Qualifications

44 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS

TABLE OF CONTENTS
Project Description and Submittal Instructions.....................................5 Statement of Understanding.................................................................9 Questionnaire
Part I: Essential Requirements for Qualification.............................11 Part II: Questionnaire
Section A: Current Organization and Structure ......................13 Section B: History of Business and Organizational
Performance………….................................................. 16 Section C: Compliance with Regulatory Requirements……....23 Part III: Similar Project Experience Questionnaire..........................25 Part IV: Organizational Resources…………………………………....29
Questionnaire Scoring……………………………………………...………30
Attachments
Attachment A: Project Site and Floor Plans………………………….31 Attachment B: Insurance Requirements……………………………...32
4 6.4
Attachment 2 - Request for Contractor Qualifications

45 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS

PROJECT DESCRIPTION
The Foster City Recreation Center (FCRC) is a new ground up facility with a Gross Square Footage of 37,940 SF and related site improvements.

The new Recreation Center Rebuild project will include the primary following scopes of work:

1. Demolition of existing buildings

2. New site utilities and landscaping

3. Core and shell and tenant improvements

4. Recreation Center program spaces and administration offices

5. Food services

6. Outdoor event spaces
The project shall meet the intent of LEED Silver Certification.

The engineer’s estimate for this project is $54,000,000.

For additional information regarding the current designs for this project, please see Attachment A “Project Floor Plans.” Final designs will be available with issuance of the final bidding and contract documents.

PROJECT SCHEDULE
The current tentative Project Schedule is as follows:
x Pre-Qualification of Contractors: February – April 2024 x Project Bidding:
x Award Project:
x Start Construction:

June - July 2024
August 2024
September 2024
x Estimated construction duration: 20 months

PRE-QUALIFICATION SCHEDULE
Advertisement Inviting Pre-Qualification Submittals:

Submissions Due:

Pre-Qualification Notification:

February 20, 2024
March 25, 2024
April 05, 2024
5 6.4
Attachment 2 - Request for Contractor Qualifications

46 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS

GENERAL
Foster City is seeking qualified Class “A” or “B” General Contractors with construction experience of at least four (4) projects demonstrating comparable experience. Please see Part III Similar Project Experience (page 26) for a definition of “comparable experience.” Each prospective Contractor must successfully complete the pre-qualification questionnaire, provide all requested materials in the required form, and be approved by Foster City to be on the final qualified bidders list. The City will not accept submission of incomplete or late documentation. Incomplete documentation will result in the rejection of the prospective Contractor.

Answers to all questions contained in the attached questionnaire, information about current bonding capacity, notarized statement from surety, and the most recent reviewed or audited financial statements, with accompanying notes and supplemental information, are required.

Foster City reserves the right to unilaterally adjust, increase, limit, suspend, or rescind the pre-qualification rating based on subsequently learned information. Contractors whose rating changes significantly after pre-qualification that disqualifies them will be notified and given an opportunity for a hearing consistent with the Appeal procedures described below to appeal a pre-qualification rating.

Foster City will not be liable for any cost incurred by any Contractor in connection with this pre-qualification process, including the preparation of its submittal package.

PRE-QUALIFICATION GUIDELINES
Each prospective Contractor must successfully complete the pre-qualification process outlined in this document. No other pre-qualification process completed for Foster City or any other agency will meet these requirements.

Prospective Contractors must submit “Statements of Qualifications” (SOQ) by completing the Pre-Qualification Submittal Questionnaire package. Foster City will not accept information or documents from other parties. Submission of incomplete and/or unclear Pre-Qualification Submittal Questionnaire or other required materials will result in rejection of the prospective contractor.

Any questions or requests for information must be submitted in writing to:

George Sanen
Project Executive
Griffin Structures, Inc.

Email: [email protected]
Phone: 415-858-8582
6 6.4
Attachment 2 - Request for Contractor Qualifications

47 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS

PREPARATION OF PRE-QUALIFICATION SUBMITTALS
The submittal information should be separated by sections. One (1) electronic copy in *.PDF format of the Pre-Qualification Submittal shall be uploaded to the Foster City webpage below. The completed Pre-Qualification Submittal should not exceed 50 pages. Foster City reserves the right to waive minor irregularities and omissions in the information contained in the pre-qualification application submitted.

Submission Link: https://www.fostercity.org/parksrec/page/recreation-center-rebuild- project-rfp-form

EVALUATION AND ANALYSIS
Pre-qualification of prospective contractors will be determined from the information submitted in each Pre-Qualification Questionnaire Submittal. Foster City reserves the right to verify from other available sources the information provided by the Contractor and to rely upon such information gathered during the verification process. Foster City’s decision will be based on objective evaluation criteria. Further consideration of a prospective contractor’s qualifications will be made only if the prospective contractor meets all of the following minimum requirements:

1. Submission of a properly completed and signed Declaration

2. Possession of the valid California Contractors “A” or “B” License in good standing

3. Meet bonding capacity requirements – Single limit of $60M. Aggregate limit of $120,000,000

4. Meet insurance requirements

5. Demonstration of General Contractor’s Similar Project Experience

6. Demonstration of Contractor’s Project Manager/Field Superintendent Comparable Experience

7. No completion of work by surety in the last 15 years

8. Satisfactory History with the Department of Industrial Relations (DIR)

9. Meet financial requirements
Note: this project is subject to Prevailing Wage requirements per DIR requirements. Any contract that is subsequently bid and awarded must comply with all prevailing wage requirements. This project is not subject to a Project Labor Agreement (PLA) but is encouraging participation by Union contractors by offering 5 additional points on Part IIB to contractors who are parties to one or more collective bargaining agreements.

The Pre-Qualification Questionnaire Submittal Analysis Form that will be used to verify minimum qualifications is included. Foster City will screen each responding prospective Contractor’s statement for minimum qualifications and develop a list of Pre-Qualified Contractors.
7 6.4
Attachment 2 - Request for Contractor Qualifications

48 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
Foster City reserves the right to reject any or all responses to pre-qualification questionnaires and any or all subsequent bids for construction projects, and to waive any irregularities in any response to the pre-qualification application.

While it is the intent of the pre-qualification questionnaire and required documents to assist Foster City in determining bidder responsibility prior to bid and to aid Foster City in selecting the lowest responsible bidder, neither the fact of pre-qualification, nor any pre- qualification rating, will preclude Foster City from a post-bid consideration and determination of whether a bidder has the quality, fitness, capacity and experience to satisfactorily perform the proposed work on the Project.

The questionnaires and financial statements shall not be public records and shall not be open to public inspection; however, records of the names of contractors applying for prequalification status shall be public records subject to disclosure under Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. However, by submitting the pre-qualification packet, the Contractor agrees that the contents of the submittal may be disclosed to third parties for the purpose of verification, investigation of substantial allegations, or in any appeal hearing. Also, the names of prospective contractors applying for pre-qualification status will be subject to disclosure.

APPEALS PROCEDURE
Any prospective bidder who Foster City determines to not pass the pre-qualification process shall have the right to request review of the determination. The prospective bidder shall request review by delivering to Foster City Administrator a written notice requesting a review. The prospective bidder shall deliver such written notice to the Foster City Administrator within five (5) business days of being notified that the prospective bidder has been determined not to be qualified. Upon request of the prospective bidder, Foster City shall provide notification to the prospective bidder in writing of the basis for the prospective bidder’s disqualification and any supporting evidence that has been received from others or adduced as a result of an investigation by the public entity.

The Foster City Administrator or his/her designee shall conduct an appeals hearing no later than ten (10) business days following receipt of the contractor’s written notice. The hearing conducted shall be informal but will be an evidentiary hearing. At the hearing, the prospective bidder shall be given the opportunity to rebut any evidence used as a basis for disqualification and to present evidence to the public entity as to why the prospective bidder should be found qualified. The Foster City Administrator shall consider all evidence, information and arguments submitted by the contractor relevant to Foster City’s determination, the Foster City response to such evidence, information and arguments, and any other information the Foster City Administrator deems relevant.

Promptly following the hearing, the Foster City Administrator shall issue a written decision regarding the matter, which shall be final and binding. 8 6.4
Attachment 2 - Request for Contractor Qualifications

49 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
The Contractor waives its right to challenge Foster City’s decision if it fails to deliver the notice within the five (5) business days.

STATEMENT OF UNDERSTANDING
The undersigned certifies that the statements and information contained in this submittal are complete and accurate and that the submittal contains no false or deliberately misleading information. The undersigned hereby agrees and declares that receipt of this submittal by Foster City does not constitute either a direct or implied guarantee to the Contractor that pre-qualification is or will be granted and also agrees to the procedures and conditions of the pre-qualification requirements described in the Pre-Qualification Document.
(1)
(2)
(3)
Legal Name of Applicant (Contractor) __________________________________ _______________________________________________________________ Address of Applicant (Contractor) _____________________________________ _______________________________________________________________ Phone Number ___________________________ Fax ____________________ Email ___________________________________
(4)
(5)
(6)
(7)
Applicant is a ( ) Corporation ( ) Partnership ( ) Sole Proprietorship ( ) Joint Venture If Contractor is a Corporation, name the State of Incorporation_______________ Total number of years the Contractor has been contracting _________________ Total number of years the Contractor has been in construction ______________ ____________________
(8) Banking institution authorized to provide corroboration of applicant’s financial stability:

Name: __________________________________________________________ Address: ________________________________________________________ Contact: _________________________ Telephone_______________________ 9 6.4
Attachment 2 - Request for Contractor Qualifications

50 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
(9) Is the Contractor signatory to any collective bargaining agreement (Yes or No). If yes please provide affiliate information:
____________________________________________________________ (10) Execution:

The undersigned is a legally authorized representative of the Contractor. The legal name of the Contractor is _____________________________________________________ State of California
Contractor’s License Number: Type: _____________________ Expiration:_____________________
______________________________, being first duly sworn, says that all statements and information contained in this Submittal are complete and accurate and that this Submittal contains no false or deliberately misleading information.

Contractor
Printed Name
Title
Signature
Subscribed and sworn to before me this _____________ day of ____________________, 20 ______________________________________________ Notary Public in and for the State of __________________ Residing at _____________________________________
Expiration Date: __________________________________

END OF FORM
10 6.4
Attachment 2 - Request for Contractor Qualifications

51 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
PART I: ESSENTIAL REQUIREMENTS FOR QUALIFICATION
IMPORTANT NOTE:

Contractor will be immediately disqualified if the answer to any of questions 1 through 8 is “no.”
Contractor will be immediately disqualified if the answer to any of questions 9 through 11 is “yes.” If the answer to question 11 is “yes,” and if debarment would be the sole reason for denial of pre-qualification, any pre-qualification issued will exclude the debarment period.

1. 2.

Contractor possesses a valid and current California Class “A” or “B” General Contractor’s License in good standing for this project for which it intends to submit a bid.

Yes No
Contractor has (or can provide proof that they can obtain within ten (10) business days prior to award) an insurance policy(ies) consistent with Attachment B “Insurance Requirements”.

Yes No

3. 4.

Contractor has current workers’ compensation insurance policy as required by the Labor Code or is legally self-insured pursuant to Labor Code section 3700 et. seq.

Yes No
Have you attached your latest copy of a reviewed or audited financial statement with accompanying notes and supplemental information
Yes No
NOTE: A financial statement that is not either reviewed or audited by a Certified Public Accountant (CPA) is not acceptable. A letter verifying availability of a line of credit may also be attached; however, it will be considered as supplemental information only, and is not a substitute for the required financial statement.

5. Have you attached a notarized statement from an admitted surety insurer (approved by the California Department of Insurance and authorized to issue bonds in the State of California), which states that your current bonding capacity is at least $90,000,000 for a single project, and $180,000,000 aggregate, should you be selected?1 Yes No
1 An additional notarized statement from the surety may be requested by the City of Foster City at the time of submission of a bid, if this pre-qualification package is submitted more than 60 days prior to submission of the bid.
11 6.4
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52 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
NOTE: Notarized statement must be from Surety Company, not an agent or broker.

6. Contractor has completed at least four (4) comparable projects in the last fifteen (15) years? See Part IIIA: Similar Project Experience Questionnaire (Contractor Experience Requirements) for criteria.

Yes No

7. 8.

Has your contractor’s license been revoked at any time in the last fifteen (15) years? Yes No
Has a surety firm completed, or is in the process of completing, a contract on your behalf, or has paid for completion because your firm was default terminated by the project owner within the last fifteen (15) years?
Yes No

9. At the time of submitting this pre-qualification form, is your firm ineligible to bid on or be awarded any local, state or federal public works contracts, or perform as a subcontractor on any such public works contract, pursuant to either Labor Code section 1777.1 or Labor Code section 1777.7 or any other local, state or federal law or regulation?
Yes No
If the answer is “Yes,” state the beginning and ending dates of the period of debarment:

Starting Ending

10. 11.

At any time during the last fifteen (15) years, has your firm or any of its owners or officers been convicted of a crime involving the awarding of a contract of a government construction project, or the bidding or performance of a government contract? Yes No
In the last fifteen (15) years has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder?
Yes No
If “yes,” explain on a separate signed page. Identify the year of the event, the owner, the project and the basis for the finding by the public agency. 12 6.4
Attachment 2 - Request for Contractor Qualifications

53 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
PART II: QUESTIONNAIRE
Section A. Current Organization and Structure of the Business For Firms That Are Corporations:
1a.
1b.
1c.

Date incorporated:

Under the laws of what state:

Provide all the following information for each person who is either (a) an officer of the corporation (president, vice president, secretary, treasurer), or (b) the owner of at least ten percent (10%) of the corporation’s stock.

Name Position Years % Social
with Co. Ownership Security #
1d. Identify every construction firm that any person listed above has been associated with (as owner, general partner, limited partner or officer) at any time during the last fifteen years.

NOTE: For this question, “owner” and “partner” refer to ownership of ten percent (10%) or more of the business, or ten percent (10%) or more of its stock, if the business is a corporation.

Dates of Person’s
Person’s Name Construction Firm Participation with Firm 13 6.4
Attachment 2 - Request for Contractor Qualifications

54 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
For Firms That Are Partnerships:
1a. Date of formation:
1b.
1c.

Under the laws of what state:

Provide all the following information for each partner who owns ten percent (10%) or more of the firm.

Name Position Years with Co. % Ownership Social Security # 1d. Identify every construction company that any partner has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years.

NOTE: For this question, “owner” and “partner” refer to ownership of ten percent (10%) or more of the business, or ten percent (10%) or more of its stock, if the business is a corporation.

Dates of Person’s
Person’s Name Construction Company Participation with Company 14 6.4
Attachment 2 - Request for Contractor Qualifications

55 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
For Firms That Are Sole Proprietorships:
1a. Date of commencement of business:
1b.
1c.

Social security number of company owner:

Identify every construction firm that the business owner has been associated with (as owner, general partner, limited partner or officer) at any time during the last fifteen (15) years.

NOTE: For this question, “owner” and “partner” refer to ownership of ten percent (10%) or more of the business, or ten percent (10%) or more of its stock, if the business is a corporation.

Dates of Person’s
Person’s Name Construction Company Participation with Company For Firms That Intend to Make a Bid as Part of a Joint Venture:
1a.
1b.

Date of commencement of joint venture:

Provide all of the following information for each firm that is a member of the joint venture that expects to bid on one (1) or more projects:

Name of firm % Ownership of Joint Venture
15 6.4
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56 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
Section B. History of the Business and Organizational Performance

1. Has there been any change in ownership of the firm at any time during the last fifteen (15) years?
NOTE: A corporation whose shares are publicly traded is not required to answer this question.

Yes No
If “yes,” explain on a separate signed page.

2. Is the firm a subsidiary, parent, holding company, or affiliate of another construction firm?
NOTE: Include descriptive and background information about other firms if one firm owns fifty percent (50%) or more of another, or if an owner, partner, or officer of your firm holds a similar position in another firm.

Yes No
If “yes,” explain on a separate signed page.

3. Are any corporate officers, partners or owners connected to any other construction firms?
NOTE: Include descriptive and background information about other firms if an owner, partner, or officer of your firm holds a similar position in another firm.

Yes No
If “yes,” explain on a separate signed page.

4. 5.

State your firm’s gross revenue for each of the last three (3) years:
2021 2022 2023
__ ___ ___
How many years has your organization been in business in California as a contractor under your present business name and license number? Years 6 years or more = 3 points
8 years or more= 4 points
10 years or more = 5 points

6. Was your firm in bankruptcy at any time during the last fifteen (15) years? Yes No
“No” = 3 points “Yes” = 0 points
If “yes,” please attach a copy of the bankruptcy petition, showing the case number and the date on which, the petition was filed, and a copy of the Bankruptcy Court’s 16 6.4
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57 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
discharge order, or any other document that ended the case, if no discharge order was issued.

Licenses

7. List all California construction license numbers, classifications and expiration dates of the California Contractor Licenses held by your firm:

8. If any of your firm’s license(s) are held in the name of a corporation or partnership, list below the names of the qualifying individual(s) listed on the California Contractors State License Board (CSLB) records who meet(s) the experience and examination requirements for each license.

9. Has your firm changed names or license number in the past fifteen (15) years? Yes No
If “yes,” explain on a separate signed page, including the reason for the change.

10. Has any owner, partner, or (for corporations) officer of your firm operated a construction firm under any other name in the last fifteen (15) years? Yes No
If “yes,” explain on a separate signed page, including the reason for the change.

11. Has any CSLB license held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended within the last fifteen (15) years?
Yes No
“No” = 5 points “Yes” = 0 points
If “yes,” please explain on a separate signed sheet.

Disputes

12. At any time in the last fifteen (15) years has your firm been assessed and paid liquidated damages after completion of a project under a construction contract with either a public or private owner?
Yes No
17 6.4
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58 CITY OF FOSTER CITY

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PRE-QUALIFICATION OF GENERAL CONTRACTORS
No projects with liquidated damages of more than $10,000, = 5 points Two (2) projects with liquidated damages of more than $10,000 = 3 points Any other answer: 0 points
If yes, explain on a separate signed page, identifying all such projects by owner, owner’s address, the date of completion of the project, amount of liquidated damages assessed and all other information necessary to fully explain the assessment of liquidated damages.

13. In the last fifteen (15) years has your firm, or any firm with which any of your company’s owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason?
NOTE: “Associated with” refers to another construction firm in which an owner, partner or officer of your firm held a similar position, and which is listed in response to question 1c or 1d on this form.

Yes No
“No” = 5 points “Yes” = 0 points
If “yes,” explain on a separate signed page. State whether the firm involved was the firm applying for pre-qualification here or another firm. Identify by name of the company, the name of the person within your firm who was associated with that company, the year of the event, the owner of the project, the project and the basis for the action.
* * * * *
NOTE: The following two (2) questions refer to disputes between your firm and the owner of a project as well as information about disputes between your firm and a supplier, another contractor, or subcontractor. You need not include information about “pass-through” disputes in which the actual dispute is between a sub-contractor and a project owner. Also, you may omit reference to all disputes about amounts of less than $10,000.

14. In the past fifteen (15) years has any claim against your firm concerning your firm’s work on a construction project been filed in court or arbitration? Yes No
5 points for “No”
1 point for “Yes” indicating 1 such instance
Subtract 5 points for “Yes” if more than 2 such instances 18 6.4
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59 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
If “yes,” on separate signed sheets of paper identify the claim(s) individually by providing the project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or resolved, including a brief description of the resolution).

15. In the past fifteen (15) years has your firm made any claim against a project owner concerning work on a project or payment for a contract and filed that claim in court or arbitration?
Yes No
5 points for “No”
1 point for “Yes” indicating 1 such instance
Subtract 5 points for “Yes” if more than 2 such claims
If “yes,” on separate signed sheets of paper identify the claim by providing the project name, date of the claim, name of the entity (or entities) against whom the claim was filed, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending, or resolved including a brief description of the resolution).

16. At any time during the past fifteen (15) years, has any surety company made any payments on your firm’s behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm’s behalf, in connection with a construction project, either public or private?
Yes No
5 points for “No”
1 point for “Yes” indicating 1 such instances
Subtract 5 points for “Yes” if more than 2 such claims
If “yes,” explain on a separate signed page the amount of each such claim, the name and telephone number of the claimant, the date of the claim, the grounds for the claim, the present status of the claim, the date of resolution of such claim if resolved, the method by which such was resolved if resolved, the nature of the resolution and the amount, if any, at which the claim was resolved.

17. In the last fifteen (15) years has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm?
Yes No
5 points for “No”
2 points for “Yes” indicating 1 such instances
19 6.4
Attachment 2 - Request for Contractor Qualifications

60 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
0 points for “Yes” if more than 2 such instances
If “yes,” explain on a separate signed page. Name the insurance carrier, the form of insurance and the year of the refusal.

Criminal Matters and Related Civil Suits

18. Has your firm or any of its owners, officers or partners ever been found liable in a civil suit or found guilty in a criminal action for making any false claim or material misrepresentation to any public agency or entity?
Yes No
“No” = 5 points “Yes” = subtract 5 points
If “yes,” explain on a separate signed page, including identifying who was involved, the name of the public agency, the date of the investigation and the grounds for the finding.

19. Has your firm or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to construction? Yes No
“No” = 5 points “Yes” = subtract 5 points
If “yes,” explain on a separate signed page, including identifying who was involved, the name of the public agency, the date of the conviction and the grounds for the conviction.

20. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? Yes No
“No” = 5 points “Yes” = subtract 5 points
If “yes,” identify on a separate signed page the person or persons convicted, the court (the county if a state court, the district or location of the federal court), the year and the criminal conduct.

Bonding

21. Bonding capacity: ___________________________
Provide documentation from your surety identifying the following:

Name of bonding company/surety:
20 6.4
Attachment 2 - Request for Contractor Qualifications

61 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
Name of surety agent, address and telephone number:

22. If your firm was required to pay a premium of more than one percent (1%) for a performance and payment bond on any project(s) on which your firm worked at any time during the last five (5) years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent (1%), if you wish to do so.
5 points if the rate is no more than one per cent
3 points if the rate was no higher than 1.10 per cent
0 points for any other answer

23. List all other sureties (name and full address) that have written bonds for your firm during the last five (5) years, including the dates during which each wrote the bonds:

24. During the last fifteen (15) years, has your firm ever been denied bond coverage by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a public construction project when one was required? Yes No
“No” = 5 points “Yes” = 0 points
If yes, provide details on a separate signed sheet indicating the date when your firm was denied coverage and the name of the company or companies which denied coverage; and the period during which you had no surety bond in place. 21 6.4
Attachment 2 - Request for Contractor Qualifications

62 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
Section C. Compliance with Regulatory Requirements
Safety and Workers Compensation

25. Has CAL OSHA cited and assessed penalties against your firm for any “serious,” “willful” or “repeat” violations of its safety or health regulations in the past twelve (12) years?
NOTE: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.

Yes No
5 points for “No”
3 points for “Yes” indicating 1 such instances
0 points for “Yes” if more than 2 such instances
If “yes,” attach a separate signed page describing the citations, including information about the dates of the citations, the nature of the violation, the project on which the citation(s) was or were issued, the amount of penalty paid, if any. If the citation was appealed to the Occupational Safety and Health Appeals Board and a decision has been issued, state the case number and the date of the decision.

26. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past twelve (12) years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation.

Yes No
5 points for “No”
3 points for “Yes” indicating 1 such instances
0 points for “Yes” or if more than 2 such instances
If “yes,” attach a separate signed page describing each citation.

27. Has the EPA or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contractor, in the past twelve (12) years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation.

Yes No
22 6.4
Attachment 2 - Request for Contractor Qualifications

63 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
5 points for “No”
3 points for “Yes” indicating 1 such instances
0 points for “Yes” or if more than 2 such instances
If “yes,” attach a separate signed page describing each citation.

28. 29.

How often do you require documented safety meetings to be held for construction employees and field supervisors during the course of a project? 5 points for an answer of once each week or more often
0 points for any other answer
List your firm’s Experience Modification Rate (EMR) (California workers’ compensation insurance) for each of the past three premium years:

NOTE: An Experience Modification Rate is issued to your firm annually by your workers’ compensation insurance carrier.
(2023)
(2022)
(2021)
5 points for three-year average EMR of .95 or less
2 points for three-year average of EMR of more than .95 but no more than 1.00 0 points for any other EMR
If your EMR for any of these three years is or was 1.00 or higher you may, please attach a letter of explanation.

30. Within the last fifteen (15) years has there ever been a period when your firm had employees without workers’ compensation insurance or state-approved self- insurance?
Yes No
5 points for “No”
0 points for any other answer
If “yes,” please explain the reason for the absence of workers’ compensation insurance on a separate signed page. If “No,” please provide a statement by your current workers’ compensation insurance carrier that verifies periods of workers’ compensation insurance coverage for the last five years. (If your firm has been in the construction business for less than five years, provide a statement by your workers’ compensation insurance carrier verifying continuous workers’ compensation 23 6.4
Attachment 2 - Request for Contractor Qualifications

64 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
insurance coverage for the period that your firm has been in the construction business.)
Prevailing Wage Compliance Record

31. Has there been any occasion during the last fifteen (15) years in which your firm was required to pay either back wages or penalties for your own firm’s failure to comply with the State’s prevailing wage laws?
NOTE: This question refers only to your own firm’s violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor.

Yes No
5 points for “No”
0 points for any other answer
If "yes", attach a separate signed page or pages, describing the nature of each violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that you were required to pay.

32. During the last fifteen (15) years, has there been any occasion in which your own firm has been penalized or required to pay back wages for failure to comply with the Federal Davis-Bacon prevailing wage requirements?
Yes No
5 points for “No”
0 points for any other answer
If “yes,” attach a separate signed page or pages describing the nature of the violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid, the amount of back wages you were required to pay along with the amount of any penalty paid.

PART III SIMILAR PROJECT EXPERIENCE QUESTIONNAIRE
Part III is a verification of the answer provided in Part I Essential Requirements. Part IIIA (Contractor Experience Requirements) verifies Question 6.

Respondents whose experience is not verifiable according to the following criteria shall be disqualified as failing to meet the Essential Requirements. 24 6.4
Attachment 2 - Request for Contractor Qualifications

65 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
Part IIIA—Contractor Experience Requirements
Contractor shall provide information about four (4) recent comparable projects, all of which must have been successfully completed within the last ten (15) years. All 4 projects must meet the minimum criteria:

1. Minimum project value of $40,000,000

2. Projects must be similar in size or complexity to any combination of the following project types:
a. Public Sector: Recreation/community centers, senior centers, city hall, libraries, aquatic centers, and local agency government centers.

3. At least one (1) of the projects must be LEED Certified.

General Contractor Experience Requirements: Reference 1 Project Name:

Location:

Owner: ________
Owner Representative, address, email and phone number: ____________ Architect or Engineer, address, email and phone number:

Description of Project, Scope of Work Performed:
__________________________________________________________ ___________________________________________________________ Percentage of Base Contract subcontracted: _________________ Total Value of Construction breakdown with initial contract award/final contract sum:

Original Scheduled Completion Date:_____________
25 6.4
Attachment 2 - Request for Contractor Qualifications

66 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
Initial Contract time in days:_____ Time Extensions granted in Days:______ Days Liquidated damages assessed:_______
Actual Date of Completion: __________
LEED (Yes / No):_________________
General Contractor Experience Requirements: Reference 2 Project Name:

Location:

Owner: ________
Owner Representative, address, email and phone number: ____________ Architect or Engineer, address, email and phone number:

Original Scheduled Completion Date:_____________
Initial Contract time in days:_____ Time Extensions granted in Days:______ Days Liquidated damages assessed:_______
Actual Date of Completion: __________
26 6.4
Attachment 2 - Request for Contractor Qualifications

67 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
LEED (Yes / No):_________________
General Contractor Experience Requirements: Reference 3 Project Name:

Location:

Owner: ________
Owner Representative, address, email and phone number: ____________ Architect or Engineer, address, email and phone number:

Original Scheduled Completion Date:_____________
Initial Contract time in days:_____ Time Extensions granted in Days:______ Days Liquidated damages assessed:_______
Actual Date of Completion: __________
LEED (Yes / No):_________________
General Contractor Experience Requirements: Reference 4 Project Name:
27 6.4
Attachment 2 - Request for Contractor Qualifications

68 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
Location:

Owner: ________
Owner Representative, address, email and phone number: ____________ Architect or Engineer, address, email and phone number:

PART IV ORGANIZATIONAL RESOURCES
Staff Roster/Functions

1. Contractor shall furnish an organization chart that includes all supervisory positions anticipated to be assigned to the Project. Indicate therein which ones are full time on site and which are part time.

List key members of your staff whom you consider candidates to be assigned to work as a full-time team member resident on this Project and complete all requested information as shown below.

Key, full-time candidate team members must include, without limitation:
28 6.4
Attachment 2 - Request for Contractor Qualifications

69 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS

1. Project Manager and 2. Superintendent. Use separate sheets of paper that contain all of the following information:

Name:

Job Title: ____________________________________________ _ Number of Years with Firm: _______________________________ Proposed Function on the Project: _ ________________________ Number of Years in Current Position: _____________________ Number of Projects (in job function) Completed: _______________ Number of Years in Construction Industry: ____________________ Include a minimum of two (2) projects, in a supervisory role, of similar type and scale as described in Section III: Similar Project Experience Questionnaire. On separate sheet provide project description, value, dates of construction, references and reference contact information for each project.

I, the undersigned, certify and declare that I have read all the foregoing answers to this pre-qualification questionnaire and know their contents. The matters stated in the questionnaire answers are true of my own knowledge and belief, except as to those matters stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California, that the foregoing is correct.
________________________________
Signature
_____________________
Date
____________________________________
Print Name
29 6.4
Attachment 2 - Request for Contractor Qualifications

70 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS

SCORING INSTRUCTIONS
The scorable questions are in two sections above:

Part II – Section B History of the business and organizational performance; Part II – Section C Compliance with occupational safety and health laws, workers’ compensation and other labor legislation;
The Scores Needed for Pre-Qualification
To pre-qualify, a contractor would be required to qualify under Part I and Part IV, and then have a passing grade within each of the two large categories in Part II referred to above.

Section B, “History of the business and organizational performance,” For the 14 scorable questions, the prospective contractor is required to meet a passing score of 51 on this portion of the questionnaire (of a maximum score of 68 on this portion of the questionnaire).

Section C, “Compliance with occupational safety and health laws, workers’ compensation and other labor legislation”
For the 8 scorable questions, the prospective contractor is required to meet a passing score of 27 on this portion of the questionnaire (of a maximum score of 40 points on this portion of the questionnaire).
30 6.4
Attachment 2 - Request for Contractor Qualifications

71 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS

ATTACHMENT A

PROJECT REFERENCE DRAWINGS

AND DRAFT RENDERINGS
31 6.4
Attachment 2 - Request for Contractor Qualifications

72 4

A R C H I T E C T U R E
R E S E A R C H +

P L A N N I N G , I N C
2 1 1 LIN D EN AVENUE
SO . S N A FRAN CISCO
C
6 A 9 4
8 0 8 0 U
7 S A
5 0 7 1 0 0 9

DRAFT- NOT FOR
CONSTRUCTION.

FOR REFERENCE
ONLY

6.4 Attachment 2 - Request for Contractor Qualifications

73 4

A R C H I T E C T U R E
R E S E A R C H +

PL A N N I N G , I N C
2 1 1 LIN D EN AVENU E
SO . S N A FRAN CISCO
C
6 A 9 4
8 0 8
1 0 U
7 S A
5 0 7 0 0 9

DRAFT- NOT FOR
CONSTRUCTION.

FOR REFERENCE
ONLY

6.4 Attachment 2 - Request for Contractor Qualifications

74 4

A R C H I T E C T U R E
R E S E A R C H +

P L A N N I N G , I N C
2 1 1 LIN D EN AVENUE
SO . S N A FRAN CISCO
C
6 A 9 4
8 0 8 0 U
7 S A
5 0 7 1 0 0 9

DRAFT- NOT FOR
CONSTRUCTION.

FOR REFERENCE
ONLY

6.4 Attachment 2 - Request for Contractor Qualifications

75 G R O U P 4

FOSTER CITY

RECREATION
CENTER
650 SHELL BLVD.

FOSTER CITY
CA 94404

DRAFT- NOT FOR
CONSTRUCTION.

FOR REFERENCE
ONLY
50'
SHEETTITLEANDNO.

EXISTING

CONDITIONS
AERIAL
L0.00

6.4 Attachment 2 - Request for Contractor Qualifications

76 G R O U P 4

FOSTER CITY

RECREATION
CENTER
650 SHELL BLVD.

FOSTER CITY
CA 94404

DRAFT- NOT FOR
CONSTRUCTION.

FOR REFERENCE
ONLY
50'
SHEETTITLEANDNO.

ILLUSTRATIVE
PLAN
L0.01

6.4 Attachment 2 - Request for Contractor Qualifications

77 ENTRY PLAZA & DROPOFFBID ALTERNATE L5:

PLAYGROUND WITH PLAY EQUIPMENTSHELL BLVDPOTENTIAL FUTURE CROSSWALK ROSE GARDEN

AND RUBBERIZED SAFETY SURFACING
BASE BID IS LAWN (EXTENT SHOWN BY DASH) ENTRY PLAZA EVENT & PARKING ZONE:

BASE BID: ASPHALT PAVING;
BID ALT: VEHICULAR CONCRETE PAVING
16' WIDE SERVICE ACCESS

VEHICULAR ASPHALT PAVING PRESCHOOL YARD,

CONCRETE PAVING
WITH METAL PICKET FENCE + GATE
G R O U P 4

STAFF PATIO
CONCRETE PAVING DETECTABLE WARNING PAVERS, 3' WIDTH

WOOD SEAT BOLLARDS

CERAMICS PATIO RELOCATED
CONCRETE PAVING 3 GIRLS SCULPTURE BIKE RACKS (9 RACKS FOR 18 BIKES)

CERAMICS PATIO FENCE SIM
6' TALL METAL PICKET FENCE & GATES

SERVICE YARD

VEHICULAR ASPHALT PAVING

PARK BENCH, TYP
(OFCI)

FOSTER CITY

RECREATION
CENTER
650 SHELL BLVD.

FOSTER CITY
CA 94404

DRAFT- NOT FOR
CONSTRUCTION.

FOR REFERENCE
ONLY

NEW FLAGPOLE

WITH UPLIGHTS

CONCRETE PAVING
(VEHICULAR PAVING PORTION SHOWN

BY CROSS HATCH)
HOLIDAY TREE 30

SOCIAL TERRACES

STORMWATER TREATMENT AREA, TYP
BID ALTERNATE L4 -- LOWER TWO

WALL WASH UPLIGHT, WHERE OCCURS

SEE LIGHTING DRAWINGS

TERRACES (SHOWN WITH DASH)
BASE BID IS 5 GAL SHRUBS AT 30"

CENTERS

COMMUNAL PICNIC TABLES
(OFCI)
SHEETTITLEANDNO.

CONCRETE PAVING FOOD TRUCK LOCATIONS

WITH POWER PEDESTALS IN NEARBY PLANTING AREAS
(2 OCCURANCES)

LAYOUT PLANRELOCATED HEART SCULPTURETERRACE EDGE
BID ALTERNATE L2 -- EVENT TERRACE GLASS WIND SCREEN
(DASHED LINE) LOOSE BISTRO TABLES AND CHAIRS,
AND LOUNGE FURNITURE, N.I.C. EXISTING TREES TO REMAIN (DASHED) STORMWATER TREATMENT AREA, TYPTERRACE LIGHTS, NOTE: SEE LIGHTING PLANS FOR SITE LIGHTING,

INCLUDING NEW POLE LIGHTSSEE LIGHTING DRAWINGS
L1.01

SITE WALKWAYS,

CONCRETE

6.4 Attachment 2 - Request for Contractor Qualifications

78 G R O U P 4

WIDENED ENTRY DRIVE WITH RECONFIGURED CORNER

NEW ACCESSIBLE SPACES AND SIGNAGE

RE-STRIPED EXISTING LOT WITH

NARROWED CENTER ISLANDS

FOSTER CITY

RECREATION
CENTER
650 SHELL BLVD.

FOSTER CITY
CA 94404EXISTING TREE TO REMAIN

PROTECT IN PLACE, TYP

DRAFT- NOT FOR
CONSTRUCTION.

FOR REFERENCE
ONLY
BOCCE COURTS (BID ALT L3)
2 EXISTING BOCCE COURTS TO REMAIN
WITH RECONFIGURED ENTRY PAVING 30

NEW SHADE STRUCTURES
24'x10' AT TWO ENDS, AND 24'x30' BETWEEN PAIRS OF COURTS

STEEL STRUCTURE WITH FABRIC CANOPY, SEE ARCH DWGS

NEW CONCRETE STAIRS
WITH METAL HANDRAILS SHEETTITLEANDNO.
2 NEW BOCCE COURTS AND

SURROUNDING CONCRETE PAVING LAYOUT PLAN
NOTE: SEE LIGHTING PLANS FOR SITE LIGHTING,

INCLUDING NEW POLE LIGHTS
L1.02

6.4 Attachment 2 - Request for Contractor Qualifications

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6.4 Attachment 2 - Request for Contractor Qualifications

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6.4 Attachment 2 - Request for Contractor Qualifications

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6.4 Attachment 2 - Request for Contractor Qualifications

88 DRAFT FOR

REFERENCE ONLYPERSPECTIVE FROM SHELL BOULEVARD
11 6.4
Attachment 2 - Request for Contractor Qualifications

89 VIEW FROM LAGOON TERRACE DRAFT FOR

REFERENCE ONLY
13 6.4
Attachment 2 - Request for Contractor Qualifications

90 VIEW FROM MEADOW DRAFT FOR

REFERENCE ONLY
15 6.4
Attachment 2 - Request for Contractor Qualifications

91 VIEW FROM LAGOON DRAFT FOR

REFERENCE ONLY
17 6.4
Attachment 2 - Request for Contractor Qualifications

92 VIEW FROM SHELL BOULEVARD ENTRY DRAFT FOR

REFERENCE ONLY
19 6.4
Attachment 2 - Request for Contractor Qualifications

93 VIEW OF EVENTS TERRACE DRAFT FOR

REFERENCE ONLY
20 6.4
Attachment 2 - Request for Contractor Qualifications

94 CITY OF FOSTER CITY

RECREATION CENTER REBUILD PROJECT

PRE-QUALIFICATION OF GENERAL CONTRACTORS
ATTACHMENT B – Insurance Requirements
The Contractor shall procure and keep in full force and effect during the term of the Agreement, at the Contractor's cost and expense, the following policies of insurance with companies licensed to do business in the State of California which are acceptable to the City. The Contractor shall, within ten (10) calendar days from the date of Award of Contract, supply the City with the Certificate showing that such insurance is in force. The City reserves the right to cancel the contract if these requirements are not met within 30 calendar days of the Notice of Acceptance of Bid.

All policies shall contain a provision that they shall not be canceled or materially changed without thirty (30) calendar days prior written notice to the City. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of licensee to furnish the required insurance during the term of the Agreement.
(a) Workers' Compensation. The Contractor shall provide Workers' Compensation insurance as required by law. The Contractor is aware of the provisions of the California Labor Code §3700, which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and will comply with such provisions before commencing thework.
(b) ComprehensiveorCommercialGeneralLiability. CoverageincludesBodilyInjuryandProperty Damage as required by the Agreement.
(c) AutomobileLiability. Coverage includes owned, non-owned and hired vehicles as required by the Agreement.
(d) Special Hazards. The Supplementary Conditions may require the Contractor to provide coverage against any special hazards which may be encountered in the performance of this Contract.
(e) Builder's Risk. The Supplementary Conditions may require the Contractor to insure all work and materials supplied against loss or damage by fire, malicious mischief or vandalism.

All policies taken out by the Contractor insuring work and materials supplied shall list the City as additionally insured and be payable to the Contractor and the City. Policies shall be kept in full force and effect by the Contractor until final acceptance of the work by the City. (f) Subcontractor(s) Insurance Requirements. The Contractor shall either: (1) require each subcontractor to procure and maintain during the life of its subcontract all insurance of the type and in the amounts specified in the Agreement or (2) insure the activities of subcontractor(s) in its own policy.
32 6.4
Attachment 2 - Request for Contractor Qualifications

95 DATE: February 20, 2024

TO: Mayor and Members of the City Council

FROM: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
Kevin Ortiz, Management Analyst
DEPARTMENT: City Manager
SUBJECT: SECOND AMENDMENT TO THE AGREEMENT WITH RENNE

PUBLIC LAW GROUP (DBA, RENNE PUBLIC POLICY GROUP)

TO CONTINUE TO PROVIDE STATE LEGISLATIVE ADVOCACY

SERVICES AND OPTIONAL GRANT WRITING SERVICES FOR A

TWO-YEAR TERM

RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution: 1) authorizing the Mayor to execute a Second Amendment to the agreement with Renee Public Law Group (dba, Renne Public Policy Group), in the amount of $120,000 for an extended two-year term for state legislative advocacy services and optional grant writing services; and 2) authorizing a contingency in the amount of $12,000 with authorization given to the City Manager to execute any contract amendments necessary for grant writing services up to the contingency amount.

EXECUTIVE SUMMARY
Renee Public Policy Group (RPPG) has been proactively tracking legislation on behalf of Foster City since January 2021, keeping the City engaged by providing detailed policy analysis on state legislative proposals. Significant efforts have been made to advance the City’s public policy advocacy positions on certain priority bills.

On December 18, 2023, the City Council by Minute Order No. 1954 unanimously approved the 2024 State Legislative Platform and Policy. The Legislative Platform and Policy will allow the City to have a sustained and engaged presence in the state legislative process. Staff’s recommendation is to maintain the momentum and build

6.5 6.5 Staff Report

96 upon the foundation that has been established in the past few years. It is particularly important to provide for an extension to the existing agreement with RPPG to ensure consistency and continuity in the City’s representation on the state level based on the Council-approved Legislative Platform and Policy. RPPG would continue to monitor and provide reports to the City, advocate on the City’s behalf on specific legislation, provide formal legislative updates and as an added optional service, help identify potential grant opportunities that align with the City’s Legislative Platform and Policy, and assist in the grant writing aspect on a per-grant basis.

The proposed Second Amendment would extend the term of the original agreement with RPPG by two years, at a flat fee retainer of $5,000 per month for a total of $60,000 per year (grant services not included). If the City engages RPPG to pursue any grant opportunities, the City will be charged for grant writing services based on the amount of funding requested in the grant proposal (Attachment 3).

BACKGROUND
RPPG is a full-service lobbying and consulting practice firm based in Sacramento that strives to advance the policy interests of public agencies. On January 15, 2021, the City of Foster City entered into a Professional Services Agreement with RPPG for State Legislative Advocacy Services (Attachment 4). This agreement was for an initial one- year term in an amount not-to-exceed $49,999. After a successful first year, the City Council approved a First Amendment to the Professional Services Agreement with RPPG for a two-year term for an additional $156,000 (Attachment 5). In addition to State Legislative Advocacy Services, the Scope of Services in the First Amendment was expanded to include Grant Writing Services in the monthly flat retainer fee of $6,500 per month.

RPPG has been instrumental in assisting the City with strengthening its legislative advocacy efforts as well as assisting with applying for eligible grant funding this past year. As shown in its 2023 End of Year Report (Attachment 6), RPPG has accomplished the following on behalf of Foster City:
•1,490 pieces of legislation tracked and assessed for impacts on City operations, legal, and/or local decision making;
•100% success rate on legislative engagement; achieving the desired outcome or secured critical amendments to dramatically reduce adverse impacts on the City (6 desired outcomes based on RPPG’s engagement of 6 total); •230 combined deliverables and touchpoints provided to and on behalf of the City, which include legislative updates, legislative and budgetary position letters, policy, political analysis, and meetings with City and/or State legislature on behalf of the City;
•$676K in amount of funds that were secured in previously promised Vehicle License Fees (VLF) in the Fiscal Year 2023-2024 Budget that were owed to the City; and

6.5 6.5 Staff Report

97 •Worked with Rep. Mullin’s office to submit a Community Project Funding (CPF) request of $2.2M for the Lagoon Pump Station Seismic Rehabilitation and Capacity Enhancement project and received confirmation that $1.38M of the original funding request is moving forward (link). The funding will be made available if the FY 24 Appropriations bill(s) are passed by both the House and Senate and signed by the President.

ANALYSIS
The objective in pursuing legislative advocacy is to keep the City Council, City staff, and the Community informed of proposed legislation that may have the potential to impact the City. Legislative advocacy is predicated on raising awareness and providing education to all those alike. Legislative tracking is critical given the volume of measures introduced in a legislative year. A legislative advocacy consultant helps assess and advise the City on the current political climate, and assist with navigating the complexities of state legislation. While there is no guarantee that a sustained effort will lead to success on one particular issue of importance; a lack of a sustained effort will lead to state policies that could impact local decision making and/or create new financial, legal, or operational challenges for Foster City.

Legislative advocacy services provided by consultants are typically intended to extend over a longer period. The extension of the agreement with RPPG for another two years would allow for an effective and sustained engagement in the state legislative process.

This longevity is valuable as the legislative advocacy consultant becomes intimately familiar with the City's needs and priorities in order to effectively represent the City’s interests.

Throughout 2023, RPPG played a significant role in engaging with the City and staff on important legislation. RPPG assisted staff with the development of the City’s Legislative Platform and Policy, which is an important component of the City’s overall legislative advocacy program. A legislative platform is a set of guiding principles that reflect overarching ideals and priorities of the Council. Using the approved Legislative Platform as a guide, the Legislative Policy outlines the formal process for responding to legislative proposals in a streamlined manner. The collaborative effort between RPPG and City staff culminated in the adoption of the 2024 Legislative Platform and Policy at the December 18, 2023 City Council Meeting. The platform enables City staff, in collaboration with RPPG, to effectively respond to proposed legislation that potentially affects Foster City, while aligning with the principles of the City Council-adopted legislative platform.

As further detailed in the proposal from RPPG (Attachment 3), the scope of work and implementation for legislative advocacy services includes, but is not limited to:
•Legislative Review, Tracking, and Advocacy
•Notification regarding Potential Funding Opportunities and Competitive Grant Programs

6.5 6.5 Staff Report

98 •Frequent, Consistent Communication
•Relationship Building
•Targeted Engagement with Statewide Local Government Association and Local Agency Partners
•Continuing Work on Foster City’s State Legislative Platform and Policy In addition to the legislative advocacy services, what differs in the proposal for the Second Amendment is the inclusion of grant writing services as an optional add on, specifically on a per-grant basis as shown on the Proposed Per-Grant Fee Schedule (Attachment 3). This contrasts with the first amendment in that the first amendment to the agreement incorporated grant writing services as part of the overall cost and factored into the monthly retainer for a total monthly flat fee retainer of $6,500. City staff is recommending that grant writing services be removed from the monthly flat fee retainer. Instead, this will be an optional add on service available to the City. The City would be charged on a per-grant basis to provide greater flexibility in the number of grants/the amount of funding being pursued in addition to providing some cost-savings.

RPPG will continue to keep the City informed of upcoming grant opportunities, especially those that are in areas of special interest to the City. If the City is interested in pursuing a grant, RPPG will be able to provide grant writing and project management services on a per-grant basis, from start to finish of the grant proposal. This includes the preparation of funding abstracts, project narratives, and required forms and attachments.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
As part of their proposal, RPPG provided a pricing model for consideration. The pricing model includes a flat fee retainer for legislative advocacy services with a per-grant fee schedule. City staff is recommending that the Second Amendment be structured under a flat fee for State legislative Advocacy Services with the optional add on of Grant Writing Services on a per-grant basis to provide greater flexibility in the number of grants/the amount being pursued in addition to providing some cost-savings.

If approved, RPPG will continue to provide State Legislative Advocacy services for a flat fee retainer of $5,000 per month for a total of $60,000 per year, otherwise $120,000 over a two-year period. In addition, staff is requesting that the Council authorize a 10% contingency in the amount of $12,000 with authorization given to the City Manager to execute any contract amendments up to the contingency amount for grant writing services on a per-grant basis per the Proposed Per-Grant Fee Schedule. The Second Amendment will extend the term of the agreement by two years beginning March 1, 2024 through February 28, 2026.

6.5 6.5 Staff Report

99 Funding is available and recommended to be utilized from the Community Benefits Program Fund, Contract, Professional, and Specialized Services Account No. 005- 0110-413-4251.

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

Attachment 1 – Resolution
Attachment 2 – Second Amendment to the Agreement with RPPG Attachment 3 – RPPG Proposal
Attachment 4 – RPPG Agreement (dated January 15, 2021)
Attachment 5 – RPPG First Amendment to the Agreement (dated March 1, 2022) Attachment 6 – 2023 RPPG End of Year Report

6.5 6.5 Staff Report

100

1 7
1 9
RESOLUTION NO. _____________

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

AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO THE

AGREEMENT WITH RENNE PUBLIC LAW GROUP (DBA, RENNE PUBLIC POLICY GROUP), IN THE AMOUNT OF $120,000 FOR AN EXTENDED TWO-YEAR TERM,

FOR BOTH STATE LEGISLATIVE ADVOCACY SERVICES AND OPTIONAL GRANT

WRITING SERVICES AND AUTHORIZING ESTABLISHMENT OF A CONTINGENCY IN THE AMOUNT OF $12,000 WITH AUTHORIZATION GIVEN TO THE CITY MANAGER

TO EXECUTE ANY CONTRACT AMENDMENTS NECESSARY FOR GRANT WRITING

SERVICES UP TO THE CONTINGENCY AMOUNT

CITY OF FOSTER CITY
WHEREAS, a priority for Foster City is to take efficient actions that enhance neighborhood livability and quality of place for current and future generations, specifically through development of a legislative advocacy program for Foster City that advances City Council's goals and policies; and
WHEREAS, Renne Public Policy Group (RPPG) is a full-service lobbying and consulting practice firm based in Sacramento that strives to represent the policy interests of public agencies, and those organizations who align with public entities; and WHEREAS, RPPG provides its clients with a keen understanding of California's evolving legislative and political landscape, which is critical when making policy decisions; and
WHEREAS, the City had entered into an agreement with RPPG on January 15, 2021, in the amount of $49,999 for State Legislative Advocacy Services for an initial one year or 12-month term and subsequently a First Amendment to the Agreement, for a two- year term and an additional $156,000, which was approved by the City Council and signed into effect on March 1, 2022; and
WHEREAS, RPPG has been instrumental in assisting the City with strengthening its legislative advocacy program as well as securing State and Federal grant funding, most notably $676K in amount of funds that were secured in previously promised Vehicle License Fees (VLF) in the FY 2023-2024 Budget that were owed to the City; and WHEREAS, RPPG played a significant role in engaging with the City Council and staff to develop Foster City’s 2024 Legislative Platform and Policy, which is an important component of the City’s overall legislative advocacy program; and WHEREAS, significant efforts have been made to further the City's public policy advocacy positions on priority bills as RPPG has proactively tracked legislation and kept

6.5 Attachment 1 - Resolution

101

1 7
1 9
the City engaged by providing detailed policy and political analysis on several state legislative proposals; and
WHEREAS, extending the existing agreement with RPPG will ensure consistency and continuity in the City's representation on the state-level, allowing the firm to be more effective when advocating for the City's interests now having the intimate knowledge of the City's needs and priorities; and
WHEREAS, structuring the Second Amendment to consist of a flat fee for State legislative Advocacy Services with the optional add on of Grant Writing Services on a per- grant basis would provide greater flexibility in the number of grants/the amount being pursued in addition to providing a cost-savings in the form of a total contract reduction of $18,000 annually; and
WHEREAS, the City Council has affirmed its continued interest and need for legislative advocacy services, and the City is confident in RPPG's ability to provide such services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute the Second Amendment to the Agreement with RPPG in an amount of $120,000 to extend the term of the agreement by an additional two years or 24 months and authorize an establishment of a contingency in the amount of $12,000 with authorization given to the City Manager to execute any contract amendments necessary for grant writing services up to the contingency amount.

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 February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.5 Attachment 1 - Resolution

102

SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT WlTH RPPG
THIS SECOND AMENDMENT TO THE AGREEMENT ("Second Amendment") is entered into as of this March 1, 2024, by and between the City of Foster City, a public body corporate and politic, hereinafter called "City" and Renne Public Law Group (dba Renee Public Policy Group (RPPG)) hereinafter called "Consultant." City and Consultant shall be referred to individually as "City" or "Consultant" or "Party" or collectively referred to as "Parties."

RECITALS
WHEREAS, on January 15, 2021, City and Consultant entered into a Professional Services Agreement ("Agreement") whereby Consultant was to provide State Legislative Advocacy Services at a monthly flat rate of $4,000 for a not to exceed amount of $49,999, pursuant to the terms of the Agreement; and
WHEREAS, the term of the Agreement was for twelve months; and WHEREAS, City and Consultant subsequently entered into a First Amendment to the Agreement on March 1, 2022 for a two-year period whereby Consultant was to provide State Legislative Advocacy Services and Grant Writing Services at a monthly flat rate of $6,500 for a not to exceed amount of $205,999, pursuant to the terms of the Agreement; and WHEREAS, the Parties desire to extend the term of the Agreement by an additional 24 months; increase the compensation by an additional $120,000 and a contingency in the amount of $12,000 and amend the Scope of Services to include grant writing services on a per-grant basis.

TERMS
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the Parties agree as follows:

1. Amendment.
(a) Section C(l), Services. Exhibit A, "Scope of Work for State Legislative Advocacy Services" to the Agreement shall be deleted and replaced with the Exhibit A, "Scope of Work", attached hereto and hereinafter incorporated by reference. (b) Section C(2), Term; Termination. The first paragraph shall be deleted and replaced to read as follows:
"The term of this Agreement will be for a period of 60 months from January 15, 2021 (the Effective Date)."
(c) Section C(3) Compensation; Expenses; Payment. Section C(3) shall be deleted and replaced to read as follows:

6.5 Attachment 2 - Second Amendment to the Agreement with RPPG

103

"CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT's monthly flat fee retainer during the time of the performance of said services. A copy of CONSULTANT's monthly rate for which services hereunder shall be performed are set forth in CONSULTANT's fee schedule marked Exhibit "B" hereof, attached hereto and by this reference incorporated herein. Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of Three Hundred Thirty-Seven Thousand Nine Hundred Ninety-Nine Dollars ($337,999). Invoices for amounts in excess of $5,000 per month shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by City Manager.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and or cost/expense items billed."
Exhibit B shall be deleted and replaced with Exhibit B, "Consultant's Fee Schedule" attached hereto and hereinafter incorporated by reference.

2. Except as modified by this Second Amendment, the Agreement shall remain in full force and effect.
[SIGNATURES ON NEXT PAGE]

6.5 Attachment 2 - Second Amendment to the Agreement with RPPG

104

IN WITNESS WHEREOF, the parties have caused this Second Amendment to be executed by themselves or their duly authorized representatives as of the date first above written.

CITY OF FOSTER CITY
By: _
Patrick Sullivan, Mayor
By: _
Jonathan V. Holtzman, Managing Partner,
RPPG
ATTEST:

By: _
Priscilla Schaus, City Clerk
APPROVED AS TO FORM:

By: _
Benjamin L. Stock, City Attorney

6.5 Attachment 2 - Second Amendment to the Agreement with RPPG

105

EXHIBIT A

SCOPE OF WORK
The scope of work for legislative advocacy services includes:
• Legislative Review, Tracking and Advocacy: Track, review and analyze any introduced and amended legislation and regulatory proposals. Advocate on legislation, regulatory proposals of interest and any state budget issues impacting the organization.

We consult and develop strategic documents, draft policy position, regulatory and budgetary letters, customized priority legislative tracking matrix, budget analysis, and background papers to ensure the City is informed and its voice is heard by policymakers and stakeholders.
• Participate and Advise in Annual Legislative Strategic Planning: RPPG understands the importance that establishing a proactive strategy plays in our client's overall success.

RPPG will work with the City to help develop the organization's annual and multi-year legislative strategic plan.
• Explore Potential Funding Opportunities, General Fund and Competitive Grant Programs: The Newsom Administration has prioritized increased wildfire preparedness, affordable housing, transportation/infrastructure rehabilitation and other capital improvement projects. Identifying and effectively advocating for appropriate grant funding provides a tangible return on investment from working with a Sacramento legislative advocacy firm.
• Representation: Represent the City at policy-related meetings, conferences, events, regulatory proceedings, legislative hearings, and other appropriate venues to deliver comments, testimony, and provide the City with a consistent presence in Sacramento.

RPPG representatives already attend all League legislative briefings and work closely with League lobbyists and staff.
• Frequent, Consistent Communication: At RPPG, we strive to ensure that our clients are fully informed. Our team will provide regular written and verbal communications and updates to your Council and staff to ensure that the City is always up to date on our advocacy efforts, individual tasks, and timeline for meeting milestones. Regular communication between the Agency and RPPG team will also ensure that we are being responsive to the direction of your Council and staff throughout the entire State Budget and legislative processes. This will include monthly written policy status and activity reports, along with more in-depth reports and recaps during each major milestone throughout the legislative year (e.g., every budget milestone, bill introduction deadline, house of origin deadline, summer recess, and end of session). In addition, we will supplement these reports with a monthly check-in via Zoom with City staff, or more frequently at your request during the legislative session, and with an updated legislative matrix. During these meetings, we will review legislation and brief you on the latest issues and developments.
.

6.5 Attachment 2 - Second Amendment to the Agreement with RPPG

106

• Relationship Building: RPPG will build off the City's strong reputation and will continue to foster relationships with legislators and administration officials. Our firm will make meeting recommendations, schedule arrangements, and strategize on messaging in advance. This approach ensures that we have laid the groundwork for your bill proposals and positions year over year.
• Education Tour: Using the City's legislative priorities, RPPG is prepared to conduct an education tour upon request to drive awareness on the issues that matter to you most.

This will ensure that the appropriate communication channels with legislative staff and legislators remain open throughout the 2024-2025 legislative session and beyond. • Targeted Engagement with Statewide Local Government Association and Local Agency Partners: Our proven working relationship with the League of California Cities, California State Association of Counties, California Special District's Association, the California Fire and Police Chiefs' associations, and other statewide local government advocacy organizations will ensure that RPPG can communicate the City's policy positions-and when appropriate, work in a blended strategy to achieve success. • Continuing Work on Foster City's State Legislative Platform: Now that Council has adopted its formal legislative platform, it is important that we periodically assess and update it as new policies emerge and council priorities shift. RPPG will work with City staff and council to solicit feedback—ensuring that the platform continues to evolve as a living document.

The scope of work for grant writing services includes:
• Project Management: RPPG will provide grant writing and project management services, from start to finish of the proposal development process. This includes the preparation of funding abstracts, project narratives, and required forms and attachments.

The grant writer will convene a "kickoff' meeting for each project and will outline expectations for all staff involved in preparing the application, including a projected time commitment for each City staff member. RPPG will develop a strategic work plan for the development of a proposal, take the lead in scheduling meetings, and work to obtain relevant information from stakeholders.
• Funding Opportunity Research: RPPG conducts continuous and comprehensive research, keeping clients informed of upcoming grant opportunities. The City of Foster City will receive a monthly "Funding Opportunities Catalog'' documenting current and cyclical grant programs from federal agencies, state agencies, and private foundations.

Targeted research is available on an "on-call" basis.
• Collaborative Approach: RPPG utilizes a collaborative grant writing process to put together highly competitive proposals. Skilled consultants understand that leveraging the subject matter expertise of our clients is critical to success. RPPG uses cloud-based document sharing services to enable real-time feedback from clients throughout the

6.5 Attachment 2 - Second Amendment to the Agreement with RPPG

107

proposal development process.
• Quality Control: Prior to submitting a grant application, RPPG's grant writer will review the contents of each form, check for typographical or grammatical errors, and ensure that all required components for a complete proposal are included in the application package.
***

6.5 Attachment 2 - Second Amendment to the Agreement with RPPG

108

EXHIBIT B

CONSULTANT'S FEE SCHEDULE
Due to the demands of the legislative calendar, RPPG does not bill on an hourly basis for legislative advocacy work. Therefore, the monthly flat fee retainer amount of $5,000 per month for a total of $60,000 per year shall be assessed for services outlined in Exhibit A. Retainer amount does not include expenses related to travel. However, no additional expenses shall be incurred without prior client approval. In no circumstances shall this contract exceed a total of $337,999.

6.5 Attachment 2 - Second Amendment to the Agreement with RPPG

109

6.5 Attachment 2 - Second Amendment to the Agreement with RPPG

110

1 City of Foster City /Proposal for State Lobbying and Grant Writing Services

PROPOSAL FOR STATE LOBBYING SERVICES

CITY OF FOSTER CITY

Prepared by:

Dane Hutchings
Managing Director
Phone: (916) 230-6935
dhuthings @publicpolicygroup.com

COVER LETTER ................................ ................................ ............ 2 FIRM OVERVIEW AND SUMMARY ................................ ................. 4 SCOPE OF SERVICES ................................ ................................ .... 5 PROPOSED TEAM AND TEAM BACKGROUND ................................ . 9 THE RPPG APPROACH ................................ ............................... 16 CLIENT REFERENCES AND EXAMPLES OF WORK PERFORMED ......... 18 PROPOSED PRICING OPTIONS ................................ .................... 22

6.5 Attachment 3 - RPPG Proposal

111

2 City of Foster City /Proposal for State Lobbying and Grant Writing Services

COVER LETTER

January 18, 2024

Stefan Chatwin
City Manager
610 Foster City Blvd.

Foster City, CA 94404

Dear Mr. Chatwin:

On behalf of Renne Public Law Group [DBA: Renne Public Policy Group (RPPG)], we are pleased to submit for your consideration an updated proposal for state legislative advocacy and a modified proposal for grant writing services for the City of Foster City (City). Renne Public Policy Group (RPPG) is a full -service state lobbying and consulting practice that advocates for the best interest of public entities and those organizations who align with public entities.

RPPG draws from the wisdom of respected former public officials, the knowledge of municipal funding and policy experts, and the tenacity of experienced legislative advocates to provide a uniquely tailored service for your specific needs and goals. We believe we are the best choice for Foster City because our experience and firsthand knowledge of the City, its engaged Council and exemplary staff. Our expertise in local agency operations , land use, transportation, and environmental policy is combined with a diverse team that understands your region in a way that can provide you a critically important seat at the table. Our powerhouse team of legislative, policy, and technical
experts is well -positioned with extensive networks in the Capitol and a stellar reco rd of legislative successes. We provide responsive, concierge -level service that will keep you informed and empowered at every step of the way, and our team’s steadfast advocacy and passion for local
government are unsurpassed.

Over the past year, RPPG has worked with your staff to take a determinative approach to raise the City’s profile and to build relationships with the Administration, state agencies, and Members of the Legislature. 2023 proved to be a productive year in enhancing the City’s presence and educating decision makers about the City’s top priorities. We are proud that we were able to deliver favorable outcomes on all six pieces of legislation that RPPG was directed to engage on. Now that council has formally

6.5 Attachment 3 - RPPG Proposal

112

3 City of Foster City /Proposal for State Lobbying and Grant Writing Services

Jon Holtzman, Founding Partner
Renne Public Law Group, LLP

adopted its legislative platform, our team is well positioned to be much more active on behalf of the City. We would be honored to continue to serve as your advisors in Sacramento.

Dane Hutchings, RPPG’s Managing Director, will continue to act as the Project Manager and primary contact for this proposal. Dane may be reached at (916) 974 -9270 and is located at 11 27 11th Street, Suite 300, Sacramento, CA. As the founding partner of our firm, Jon Holtzman has the authority to negotiate on behalf of and bind the firm in an agreement. Jon may be reached at (415) 848 -7200 and is located at 350 Sansome Street, Suite 300, San Francisco, CA.

Regards,

CC: Marlene Subhashini, Assistant City Manager

Dane Hutchings, Managing Director
Renne Public Policy Group, A Division of Renne
Public Law Group, LLP

6.5 Attachment 3 - RPPG Proposal

113

4 City of Foster City /Proposal for State Lobbying and Grant Writing Services

FIRM OVERVIEW AND SUMMARY
Effective March 1, 2018, the well -established law firm Renne Sloan Holtzman Sakai LLP, Public Law Group (of 17 years) divided into two separate firms, one of which is Renne Public Law Group, LLP (RPLG).

Specifically, as part of the firm’s separation, RPLG was required to obtain a new federal tax ID number.

Advocating in the local government space is our passion. Each member of our proposed team has a strong background representing and or serving in California local government. This experience makes us uniquely qualified to serve the City.

RPPG specializes in the following services:
• State legislative, administrative, and
regulatory advocacy
• Public affairs and communications
• Grant writing and revenue sourcing
• Federal legislative tracking and analysis
• Public sector retirement and OPEB advisory
services
• Strategic planning and counsel
• Coalition -building and grassroots campaigns
• State procurement

Firm Resources
RPLG and RPPG have a combined team of 55 legal, legislative professionals comprised of attorneys, lobbyists, senior advisors as well as administrative, legislative, and operational support staff. A full list of our team members can be found on the RPPG and RPLG websites. We have two offices, located in San Francisco and Sacramento, respectively.

As detailed throughout this proposal, the RPPG lobbying and grant writing practice area is led by our Managing Director, Dane Hutchings (current Project Manager) who has over 15 years of direct legislative experience. He is supported by two seasoned legislative advocates Alyssa Silhi and Sharon Gonsalves. Jake Whitaker serves as the firm’s Director of grant services. RPPG’s group of Policy and Strategic Advisors support our clients’ overall advocacy strategy by providing unique and experienced perspectives on the real-world impacts of pending legislative, regulatory, and administrative proposals —leveraging their experience for the betterment of our clients.

RPPG Current Client List (as of January 18, 2024 )
RPPG operates with the highest level of transparency, ethics, and standards. As such, we are providing the City with a full list of our current lobby and/or political consulting clients. At present time, RPPG currently represents the following clients in e ither direct legislative/administrative advocacy , grant writing and /or general consulting:

• Burbank -Glendale -Pasadena Airport
Authority
• City of Bakersfield
• City of Beaumont
• City of Belmont
• City Clerks Association of California
• City of Hidden H ills
• City of Morgan Hill
• City of Rancho Palos Verdes
• City of Rancho Cucamonga

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114

5 City of Foster City /Proposal for State Lobbying and Grant Writing Services

• City of Brisbane
• City of Carlsbad
• City of Corona
• City of Eastvale
• City of Foster City
• City of Mountain View
• City of Redwood City
• City of Santa Rosa
• City of Westlake Village
• City of Greenfield
• City of Rio Vista
• City of Roseville , Environmental Utilities Dept.
• Housing Authority County of San Bernardino
• San Bernardino Community College District
• San Diego County Regional Airport Authority
• Town of Hillsborough
• City of San Ber ardino
• YMCA Silicon Valley

SCOPE OF SERVICES
Our proposal for consideration provides for both state legislative advocacy services as well as state and federal grant writing and consulting services. We propose t o provide regular written and verbal communications to the City Council and staff to ensure th at the City is up to date on our advocacy efforts, individual tasks, and timelines for meeting milestones. Regular communication is a critical part of helping the City stay informed and involved throughout the entire state budget and legislative processes.

Legislative Advocacy Scope and Implementation

• Legislative Review, Tracking and Advocacy: Track, review and analyze any introduced and amended legislation and regulatory proposals. Advocate on legislation, regulatory proposals of interest and any state budget issues impacting the organization. We consult and develop strategic documents, draft policy position, regulatory and budgetary letters, customized priority legislative tracking matrix, budget analysis, and background papers to ensure the City is informed and its voice is heard by policymakers and stakeholders.
• Participate and Advise in Annual Legislative Strategic Planning: RPPG understands the importance that establishing a proactive strategy plays in our client’s overall success. RPPG will work with the City to help develop the organization’s annual and multi -year legislative strategic plan. • Explore Potential Funding Opportunities, General Fund and Competitive Grant Programs: The Newsom Administration has prioritized increased wildfire preparedness, affordable housing, transportation/infrastructure rehabilitation and other capital improvement projects. Identifying and effectively advocating for appropriate grant funding provi des a tangible return on investment from working with a Sacramento legislative advocacy firm.
• Representation: Represent the City at policy -related meetings, conferences, events, regulatory proceedings, legislative hearings, and other appropriate venues to deliver comments, testimony, and provide the City with a consistent presence in Sacramento. RPPG representati ves already attend all League legislative briefings and work closely with League lobbyists and staff.

6.5 Attachment 3 - RPPG Proposal

115

6 City of Foster City /Proposal for State Lobbying and Grant Writing Services

• Frequent, Consistent Communication: At RPPG, we strive to ensure that our clients are fully informed. Our team will provide regular written and verbal communications and updates to your Council and staff to ensure that the City is always up to date on our advocacy efforts, individual tasks, and timeline for meeting milestones. Regular communication between the Agency and RPPG team will also ensure that we are being responsive to the direction of your Council and staff throughout the entire State Budget and legislative processes. This will include monthly written policy status and activity reports, along with more in -depth reports and recaps during each major milestone throughout the legislative year (e.g., every budget milestone, bill introduction deadline, house of origin deadline, summer recess, and end of session). In addition, we will supplement these reports with a monthly check -in via Zoom with City staff, or more frequently at your request during the legislative session, and with an updated legislative matrix. During these meetings, we will review legislation and brief you on the latest issues and developments. • Relationship Building: RPPG will build off the City’s strong reputation and will continue to foster relationships with legislators and administration officials. Our firm will make meeting recommendations, schedule arrangements, and strategize on messaging in advance. This approa ch ensures that we have laid the groundwork for your bill proposals and positions year over year. • Education Tour: Using the City’s legislative priorities, RPPG is prepared to conduct an education tour upon request to drive awareness on the issues that matter to you most. This will ensure that the appropriate communication channels with legislative staff and legislators remain open throughout the 2023-2024 legislative session and beyond.
• Targeted Engagement with Statewide Local Government Association and Local Agency Partners: Our proven working relationship with the League of California Cities, California State Association of Counties, California Special District’s Association, the California Fire and Police Chiefs’ associations, and other statewide local government advocacy o rganizations will ensure that RPPG can communicate the City’s policy positions —and when appropriate, work in a blended strategy to achieve success. • Continuing Work on Foster City’s State Legislative Platform: Now that Council has adopted its formal legislative platform, it is important that we periodically assess and update it as new policies emerge and council priorities shift. RPPG will work with City staff and council to solicit feedback —ensuring that the platform continues to evolve as a living document.

Below is a detailed timeline that outlines how and when we would implement our workplan. Specific dates and deliverables are subject to change should the Legislative calendar be modified.

Date Action Deliverable/Goal Upon
Contract
award –
February
2024
Collaborate with the City of Foster City’s staff to develop City’s Legislative Policy Guidelines and annual legislative advocacy plan to guide our efforts during the legislative session.

Foster new and established relationships with Legislators and key Administration officials shortly after contract Legislative Platform and
Advocacy plan

Develop target list of
key policy committee
staff, the executive
branch, and other key

6.5 Attachment 3 - RPPG Proposal

116

7 City of Foster City /Proposal for State Lobbying and Grant Writing Services

commencement. Our firm will make recommendations for
meetings, schedule arrangements, and strategize on the
messaging in advance.

If applicable, develop sponsored bill ideas and an
advocacy strategy that identifies legislative champions and key stakeholders, including coordination with other municipalities and organizations with similar legislative objectives.

elected officials for
engagement

Introduction of
sponsored bills

Upon
Contract
award –
February
2024
Identify and secure authors for sponsored legislation (if applicable).

Develop language and supporting materials for
these legislative proposals.

Develop a clear communication plan, including a
regularly scheduled conference call, along with written reports.

Devise a matrix for timely reporting of bills relevant to the City.

Meet with policy and fiscal committee staff and/or
Administration or Executive Branch staff to build an
understanding and support for sponsored
legislation.

Review Governor’s January Budget proposal.

Build a coalition for
sponsored bills

Draft fact sheets,
background materials,
talking points, and other
materials as needed

Legislative Tracking Matrix

Detailed budget report
Feb -
August.
2024
Meet with potential opposition to understand and
mitigate potential concerns about bills relevant to the City.

Draft letters of support, opposition, and/or
amendments to address our concerns.

Track and analyze proposed new laws and regulations; and provide general advocacy on legislation important to the City. This includes proactive information-gathering that keeps the City up to date on relevant state
agency/department regulations and administrative policies.

Develop recommended
positions on legislation
and state
budget proposals

Usher sponsored bills
successfully through
legislative process

Produce regular
legislative reports

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8 City of Foster City /Proposal for State Lobbying and Grant Writing Services

Monitor budget process for potential
positive/negative impacts. Engage when needed.

Testify in policy committees on bills for which City
of Foster City has an active position, or recruit and
prepare City personnel to testify where appropriate.

Negotiate with authors
and sponsors to
resolve concerns or
stop bills where
resolution is not
possible

Bill position letters and
televised testimony

Sept. –
December
2024
Meet with Administration to ensure both support
and opposition concerns are accurately conveyed.

Draft end of session report providing progress on
legislative activities, results on targeted legislation.

Seek Governor’s
signature/veto, as
appropriate

Annual Report

Grant Writing Scope (Per Project)
• Project Management: RPPG will provide grant writing and project management services, from start to finish of the proposal development process. This includes the preparation of funding abstracts, project narratives, and required forms and attachments. The grant writer will con vene a “kickoff” meeting for each project and will outline expectations for all staff involved in preparing the application, including a projected time commitment for each City staff member. RPPG will develop a strategic work plan for t he development of a proposal, take the lead in scheduling meetings, and work to obtain relevant information from stakeholders.
• Funding Opportunity Research: RPPG conducts continuous and comprehensive research, keeping clients informed of upcoming grant opportunities. The City of Foster City will receive a monthly “Funding Opportunities Catalog” documenting current and cyclical grant programs from federal agencies, state agencies, and private foundations. Targeted research is available on an “on -call” basis.
• Collaborative Approach: RPPG utilizes a collaborative grant writing process to put together highly competitive proposals. Skilled consultants understand that leveraging the subject matter expertise of our clients is critical to success. RPPG uses cloud -based document sharing serv ices to enable real - time feedback from clients throughout the proposal development process. • Quality Control: Prior to submitting a grant application, RPPG’s grant writer will review the contents of each form, check for typographical or grammatical errors, and ensure that all required components for a complete proposal are included in the application package.

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Implementation Plan

Activity Deliverable Duration
Notification of funding opportunities
relevant to the City’s priorities and
needs.

Distribution of monthly Funding
Opportunities Catalog and emails to
relevant City staff throughout the
month when new funding
opportunities are posted.

Continuous
Grant Writing and Project
Management services.

Completion of all assigned tasks and
submission of grant applications.

Upon client
request
Grant Administration reporting and
technical assistance.

Completion of all assigned tasks and
submission of required reports.

Upon client
request

PROPOSED TEAM AND TEAM BACKGROUND
Dane Hutchings, Managing Director — Foster City Project Manager RPPG proposes that Dane Hutchings, a registered lobbyist with the State of California, serve as Project Manager and primary contact for City of Foster City.

In this capacity, Dane will direct the City’s legislative focus and priorities. He will represent t he City in meetings with the State Legislature, state agencies, applicable boards and commissions, and the Governor’s office. Specific activities include but are not limited to, testifying on behalf of the City in all applicable legislative policy committe es, regulatory boards and commissions and working directly with the Bay Area legislative delegations and Office of the Governor.

Dane, with assistance from RPPG legislative and advisory staff, will conduct legislative review, analysis, and technical expertise in all policy areas important to City of Foster City to provide full policy and political counsel .

As project lead, Dane will ensure transparent communications and information sharing with City staff.

Dane’s approach and established relationships have proven successful in both advancing beneficial legislative efforts as well as stopping legislation detr imental to clients.

APPLICABLE EXPERIENCE: AT A GLANCE
• 15+ years of Legislative Advocacy and Public Affairs Expertise • Former Federal Policy Liaison and Lobbyist, League of California Cities • Strong Council Relations Background
• Proven Ability to Advance Polices Related to Housing, Transportation, and Public Sector Retirement • Strong Relationships with Key Legislative, Administrative and Executive Officials

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More About Dane:

For 15 years, Dane Hutchings has been advocating for the best interests of both public and private entities.

He is a seasoned legislative advocate and political strategist with a keen understanding of the California political process and landscape. As the Managing Director of RPPG, Dane has successfully advanced policies for clients in several areas of importance including transportation, land use, revenue and taxation, homelessness, and emergency response. Dane is located in Sacramento.

On behalf of the City of Mountain View, Dane led the effort on AB 971 (Lee, D -Milpitas) [Chapter 672, Statutes of 2023], a measure that incentivizes the use of transit -only lanes for mass transit vehicles. He worked hand in hand with the California Transit Association, Valley Transportation Authority, Caltrans, and the policy committee staff to strike a balance between city discretion and respect for transit agency autonomy.

Dane has demonstrated success in effectively navigating the State Budget process to secure millions in one - time earmarks for RPPG clients. Recently, Dane —with support from the RPPG team —secured over $15 million in the FY23 –24 State Budget, despite historic deficits. In 2022, he secured nearly $40 million in one - time funding for RPPG clients.

Prior to launching RPPG in 2019, Dane worked for the League of California Cities as a Legislative Representative and Federal Policy Liaison. He acted as the key strategist, advisor, and advocate on issues including labor relations policies, privacy and tec hnology, governmental transparency, the Brown Act, workers’ compensation, and other issues related to local government operations. As the Federal Policy Liaison, Dane worked across multiple policy areas of importance to local government, including transpor tation, infrastructure, housing, and environmental policy. In conjunction with the National League of Cities, Dane advocated for increased HUD, DOT, CDBG, and other Federal programs that local agencies rely upon.

Dane’s direct experience in public affairs shapes his distinctive approach and insight on how an effective issue-based “inside -outside” communications/advocacy strategy can support legislative priorities by providing political cover for legislators as well as for the Governor’s Office. Dane began his career working as an Account Executive and Government Relations Advocate at Ogilvy, a premier and influential multi - national public affairs and advocacy firm.

Alyssa Silhi, Director of Government Affairs
Alyssa Silhi, a registered lobbyist with the State of California, is proposed to serve as a legislative advocate and secondary contact for Foster City. In this capacity, Alyssa will work in collaboration with the Project Manager, to represent the City in m eetings with the State Legislature, state agencies, applicable boards and commissions, and the Governor’s office. Alyssa will also, review and track legislation, provide analysis and leverage her close working relationships with legislative members, staff , policy consultants and agency officials to advance the City’s legislative priorities.

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APPLICABLE EXPERIENCE: AT A GLANCE
• Over 15 years of Governmental Affairs and Public Relations Experience • Former Legislative Representative, California Special Districts Association • Strong Policy Background in Local Government Issues
• Proven Relationship, Key Partnership, and Coalition Builder • Demonstrated Ability in Navigating the State Budget Process

More About Alyssa:

Alyssa has been advancing statewide policies for the public good for over 15 years. She is a proven strategist who has a reputation for balancing tenacity and effectiveness with strong ethics and skillful communication to get the job done. Alyssa is locate d in Sacramento.

As an experienced former City Council Member and Air Pollution Control District Board Member, Alyssa has firsthand insight into the mechanisms of operating and maintaining reliable and regulatorily compliant municipal utility services. She brings this keen understanding of the nuances of local agency operations to her work in advocating on issues of importance to public agencies.

Prior to joining RPPG in early 2022, Alyssa was a Legislative Representative for the California Special Districts Association (CSDA), where she was the lead advocate and strategist on policy and fiscal proposals related to environmental policy and utility services, emergency response and preparedness, public works, and public contracting.

During her tenure at CSDA, Alyssa successfully navigated the politics of the State Budget process to secure a cumulative $1.42 billion in state funding, including $20 million in Public Safety Power Shutoff state grant funds for special districts with criti cal infrastructure and $100 million in COVID -19 funding relief for impacted districts. She played a vital role in the coalition that secured utility arrearage relief, resulting in $1 billion for water and wastewater services and nearly $300 million for pub licly owned utilities.

Alyssa has worked closely on critical issues with key administrative appointees and staff in the CPUC, Governor’s Office of Planning and Research, California Air Resources Board, California Natural Resources Agency, State Water Resources Control Board, Dep artment of Water Resources, and the Governor’s Office of Emergency Services, as well as in the Governor’s Office, Department of Finance, legislative budget committees, caucuses, and key legislative offices.

With her background in energy policy, Alyssa took the lead in creating a streamlined reference document (“cheat sheet”) that distilled the 38 -page CARB Advanced Clean Fleets Regulations for ZEVs into an easily understood 9 -page chart for local agency staff to use in tracking their progress toward compliance.

Alyssa’s prior experience includes working for several highly esteemed Sacramento contract lobbying and consulting firms and a prominent public health nonprofit research and advocacy organization. In these positions, she worked on issues important to the q uality of life in communities.

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Sharon Gonsalves, Director of Government Affairs
RPPG proposes that Sharon Gonsalves, a registered lobbyist with the State of California, serve as a legislative advocate for Foster City. In this capacity, Sharon will work in collaboration with the Project team, to represent the City in meetings with the State Legislature, state agencies, applicable boards and commissions, and the Governor’s office. Sharon will also, review and track legislation, provide analysis and leverage her close working relationships with legislative members, staff, policy consultan ts and agency officials to advance the City’s legislative priorities.

APPLICABLE EXPERIENCE: AT A GLANCE
• 15 years of Legislative Advocacy and Capitol Staff Experience • Strong Policy Background in Natural Resources, Housing and Transportation • Proven Success in Navigating State Budget Process
• Former Senior Legislative Staff for Multiple State Officials

More About Sharon:

Sharon has spent her career advocating for the legislative and funding priorities of municipalities throughout California and brings over 15 years of state legislative and Capitol staff experience to the RPPG team. Specializing in the complex legislative process, Sharon has a stellar track record of leveraging her strong relationships in the Capitol, Administration, and key government agencies to advance her clients’ goals. She has expertise in the policy sectors of transportation and natural resources, both as a former legislative staff member and a legislative advocate. Sharon is located in Sacramento.

Sharon was Legislative Director for State Senator Anthony Cannella (Senate District 12), who served as Vice Chair of the Senate Transportation and Housing Committee and the Natural Resources Committee. During Senator Canella’s tenure, Sharon was instrument al in negotiating on major statewide environmental and transportation issues important to the District, including SB 1, the Road Repair and Accountability Act of 2017, which increased transportation funding and instituted much -needed reforms. SB 1 provided the first significant, stable, and ongoing increase in state transportation funding in more than two decades.

Having spent nearly a decade working in both houses of the Legislature, Sharon has a unique understanding of and experience in navigating California’s intricate budget process. This has proved critical when advocating for increased funding for conservation efforts and other environmental protections through the State Budget process, Cap and Trade, and bond-related legislation. She has been adept in leveraging her relationships in the California Legislature to secure State Budget earmarks for her clients.

Prior to joining RPPG in 2020, Sharon was a Senior Associate at Townsend Public Affairs representing local public agency clients, specializing in those from California’s severely disadvantaged regions. She has helped secure millions of dollars for critical infrastructure and public safety improvements.

Sharon utilizes the relationships she has built over the years in her work advocating on behalf of public agencies. Under Governor Newsom’s Administration, she works frequently with key policy advisors in state agencies, including the Natural Resources Age ncy and California Air Resources Board (CARB). As an advocate for local governments, Sharon has built excellent relationships with key legislators and staff from the Senate

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and Assembly Transportation Committees as well as individuals at the California Transportation Commission. These relationships have proved helpful in the pursuit of funding from the Active Transportation Program (ATP), State Transportation Improvement Prog ram (STIP), State Highway Operation and Protection Program (SHOPP), and Local Partnership Program (LPP).

Jake Whitaker —Manager: Grant Writing and Research
RPPG proposes Jake Whitaker to act as the City’s Grant Writing Advisor. Under the direction of the Project Manager and as needed, Jake will assist and advise the City on strategies for obtaining available funds. Jake’s unique ability to tell the story of public agencies and non -profits has resulted in several successful and highly competitive grant applications .

APPLICABLE EXPERIENCE: AT A GLANCE
• Secured millions of state and federal dollars for local public agencies • Secured multiple competitive grant applications
• Strong background in program design and evaluation
• Board Member for the Woodland Joint Unified School District • Certificated grant writer with over $72,000,000 in funding secured and 44 successful proposals developed in partnership with municipal governments, county governments, institutions of higher education, and non -profits.
• Member of the Grant Professionals Association.
• 8 years of experience working in local government.
• 4 years of experience as a local government elected official.

More About Jake :

With a proven track record of bringing millions of state and federal dollars for local public agencies, Jake first discovered his passion for grant writing while assisting a colleague with an emergency shelter grant on a tight deadline. Jake’s unique abili ty to tell the story of public agencies and non -profits resulted in several successful and highly competitive grant applications. These awards include a wide range of different project types: transportation infrastructure projects, water system improvement projects, economic development projects, public safety and victim service programs, urban greening projects, wildfire mitigation projects, higher education programs, and transitional housing and homeless service programs.

Jake initially developed his skills as a grant writer working for the Yolo County District Attorney’s Office, giving him a strong background in criminal justice funding. He developed a specialization in obtaining funding for programs that provide alternati ves to traditional prosecution using restorative justice, enhance services for victims of crime, and address the intersection of poverty, mental health, and

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addiction with the criminal justice system. After discovering his passion for grant writing, Jake accepted a position as a Project Manager with California Consulting to broaden his skillset and gain experience working with a variety of different types of c lients. Jake joined RPPG’s team to begin building a grant writing practice to augment the firm’s service offerings, with the goal of providing a highly individualized, client -centric consulting practice.

Jake worked as a consultant with numerous municipal governments, ranging in size and demographics; from the City of Bakersfield, the 9 th largest city in California, to the agrarian community of Greenfield with a population of ~18,000 in the Salinas Valley, to the urban population center of the City of Redwood City —and practically everything in between. As a member of California Consulting’s team, Jake served as the primary point of contact between the firm and the EDA’s regional California offices and prep ared a comprehensive tutorial for the firm’s grant writers on how to prepare applications for infrastructure funding through the Public Works and Economic Adjustment Assistance program. He prioritizes high quality service, collaboration, and effective comm unication in all his consulting work.

Jake served on the Woodland Joint Unified School District’s Board of Trustees for four years. His experience as a member of a public agency’s governing board coupled with his experience as a public agency staffer give Jake the rare ability to support syner gy between the governance team’s goals and staff priorities in building a cohesive grant -seeking effort.

Jake is fluent in submitting applications through grants.gov, JustGrants (Dept. of Justice), the FEMA GO Grants Portal, the System for Online Application Review (SOAR, used by CNRA), Submittable (used by OGALS), FastLane (used by NSF), My AmeriCorps, and v arious portal systems commonly utilized by philanthropic organizations. He has experience preparing SF -424s and other Federal forms, maintaining active registration status in SAM.gov, and applying the regulations outlined in 2 CFR Part 170 (commonly referred to as the OMB “Super Circular”).

RPPG Strategic Advisors
With 2,000 or more pieces of legislation introduced by the California Legislature each year, it is critical that our clients have a complete understanding of the potential impacts that these measures may have on their agencies. Our Policy Advisors are a de dicated team of municipal policy experts, seasoned legislative advocates and former high -ranking local agency staff that will provide a holistic policy and political perspective to best position the City for success.

Under the direction of the Project Manager, RPPG proposes the following team of Policy and Strategic Advisors for the City of Foster City state legislative advocacy and advisory team:
• Dan Carrigg, former League of California Cities Deputy Executive and Legislative Director

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Dan Carrigg —Senior Advisor: Policy and Legislative Strategy RPPG proposes that former League of California Cities, Deputy Executive and Legislative Director Dan Carrigg, act as City of Foster City’s Policy and Legislative Advisor. Under the direction of the Project Manager, Dan will analyze, and draft legislation a s well advise the City on strategies for engagement. Dan’s distinguished career and relationships with Administrative agencies, policy committee chairs and consultants will be leveraged to complement the City’s advocacy strategy .

APPLICABLE EXPERIENCE: AT A GLANCE
• 30 years of Legislative Advocacy Experience
• 25 years Specifically Advocating for Local Government • Strong Relationships with Agency Officials and Policy Committee Members • Seasoned Legislative Advocate and Expert in California’s Legislative, Political, and Budget Process More About Dan:

Dan Carrigg is a political consultant and thought leader in California public policy directly impacting local government. With extensive experience in legislative analysis, strategy, and advocacy, and an excellent reputation for hard work and tenacity, Dan spent nearly 25 years with the League of California Cities — beginning as the League’s housing and land use lobbyist, then holding increasingly responsible advocacy roles including both Legislative Director and Deputy Executive Director of this prominent st atewide local government organization. Until retiring from the League in October of 2019, Dan supervised the League’s legislative and public affairs program, developed policy, managed the League’s legislative and public affairs teams, drafted and reviewed legislation, reviewed and analyzed ballot measures and testified before the Legislature.

Dan offers RPPG clients a deep policy background and strong political acumen on state housing policy, including understanding the Regional Housing Needs Assessment (RHNA) process, issues affecting transit - oriented development, tax increment financing, SB 3 75, Cap and Trade and other policies. Dan is also familiar with CEQA and the political challenges associated with past streamlining efforts and has a practical understanding of public contracting and construction projects. Prior to taking on the role as t he League’s housing and land use lobbyist, Dan worked as a senior consultant for the California State Assembly Housing and Community Development Committee from 1991 -1996.

Throughout his career, Dan has worked on many high -profile issues, including representing the League as part of the transportation coalition to pass SB 1. In the past, Dan led the League’s successful negotiations on the Lowenthal/Mullin RHNA reform measur es of 2004, that resulted in reduced controversy over this process for over a decade. He was directly engaged in the effort to protect local property tax, sales tax and (Vehicle Licensing Fee) VLF funding via the VLF -property tax swap with the passage of Proposition 1A of 2004. Later, he advocated to secure revenue for local governments in Prop 1B, the 2006 transportation bond, and defeat a legislative effort to take nearly $1 billion in city and county road maintenance funds.

He also worked to preserve l ocal authority during the legislative wrangling leading to the enactment and implementation of SB 375 of 2008, which coordinates transportation and land use planning.

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More recently, in 2019, Dan worked closely with the Newsom Administration to draft critical elements, including the Local Government Planning Support Grants Program, that offers funding assistance for regions to assist with local housing planning and was i ncorporated into AB 101, a 2019 housing budget trailer bill.

Prior to his work with the League, Dan drew on his background in construction to represent the Department of General Services and the Division of the State Architect on state real estate, construction and public contracting from 1996 -1998, including workin g to enact design -build contracting authority for state office projects. His career began with a fellowship on the Assembly Desk during the term of former Assembly Speaker Willie Brown.

RPPG Proposed State Legislative Advocacy and Advisory Team (Organizational Chart )

THE RPPG APPROACH
At RPPG, we endeavor to be a necessity for our clients, not a luxury. This means finding ways to show true return on investment. We believe our client service model is unique, particularly when compared with the way most contract governmental affairs firms conduct business.

The RPPG brand is founded on delivering superior work product quality and a “white glove” service experience.

Our goal is to make you feel like our only client, every time. We are enthusiastic, passionate local government advocates who deliver tenacious re presentation and consistent, tailored, and timely communication. You will always know how your advocates are using your voice and the state of play in the Capitol. W e pride ourselves on our proven ability to dig into our client’s specific issues and create a customized legislative and/or grants advocacy strategy that fits your unique needs.

Two significant services set us apart from other firms: 1) our frequent and timely client communication that demystifies the often -convoluted political process and strengthens our client’s active engagement with their state government; and 2) our detailed monthly reporting, which provides crucial information designed to save time and resources for your staff and Council.

Dane Hutchings
Managing Director
Alyssa Silhi
Director of Government
Affairs
Dan Carrigg
Senior Advisor, Policy &
Legislative Strategy
Sharon Gonsalves
Director of Government
Affairs
Jake Whitaker
Director of Grant
Services

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A Tenacious Work Ethic and Passion for Local Government The art of advancing critical needs on one front while defending local decision -making on another requires an exceptional, in -depth understanding of your needs combined with strong personal relationships with key decision makers. While legislative advocacy has many facets, our overarching advocacy strategy and approach incorporates the following principles:

Proactive Engagement: Building upon a solid foundation of your goals and key messaging, RPPG will continually engage early and often with key decisionmakers and like -minded stakeholders throughout the legislative process, during the interim recesses, and between legislative ses sions. This includes consistent communication with your legislative delegation on items of concern and opportunity, as well as proactive engagement with relevant committee chairs, consultants, Administration officials, and outside adv ocacy organizations to identify opportunities for a blended advocacy strategy that both enhances and protects your interests.

Creative Solutions: The success of advancing legislative or fiscal proposals, negotiating amendments, and mounting a coordinated public affairs campaign when necessary is often determined by the approach taken to achieve results. While there are some general principles that every advocacy firm should implement for their clients, we shy away from a one -size-fits-all solution and instead assess the full landscape for your specific circumstances and needs. This enables us to provide the proper guidance, messag ing, and on -the- ground maneuvering that pushes beyond the cookie -cutter solutions frequently provided in California politics.

The Ability to Pivot Throughout the Political Process: We have curated a team of strategic operatives, each of whom has a depth of experience in various policy arenas, from former high -ranking Capitol staff and committee consultants to former elected officials and legislative advocates for the League of Calif ornia Cities and California Special Districts Association. Our broad professional network is collectively leveraged Proactive Engagement
Creative Solutions
The Ability to Pivot Throughout the Political Process
A Genuine Partnership With Our Clients

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to accomplish our clients’ objectives. Due to our rich and diverse political and professional backgrounds, we have worked on virtually every single issue affecting local jurisdictions at some point in time. This allows us to get up to speed quickly on clie nt-specific policy issues and to engage effectively with stakeholders and lawmakers despite often incredibly short lead times. When one door closes, we are able to find another to open so that we can continue advocating for your priorities. We use this uni que blend of determination, agility, and solid policy background to stay one step ahead of the opposition, ensuring that your needs and concerns are heard, seen, and successfully advanced within the legislative process.

A Genuine Partnership With Our Clients: RPPG believes in genuine partnerships with our clients and working collaboratively to achieve shared success. Your City is composed of high -level professionals and technical experts in their fields, and RPPG would not presume to outmatch your working knowledge of the complexities of your own issues, because you best know your needs. Forging a genuine partnership entails pairing your Agency -specific understanding with our expertise in state government policies and proc edures to ensure that your voice is successfully represented in the state Capitol. RPPG’s team of professionals is nimble, mobile, and tactical and will strategically guide you through the policy process.

A Tenacious Work Ethic and Passion for Local Government: Our motto is, “We do the work, and we take nothing for granted.” That may sound overly simplistic, but in our experience, many firms rely only on their “relationships” to advance their clients’ interests. While relationships are critical, legislative advocacy is a field that rewards persistence and hard work.

Each principal at RPPG comes from or has extensive experience in local government. We understand the unique challenges facing transportation agencies and the critical roles played by Council leadership and City staff. This perspective enables us to help develop your unique voice, share your story, and advance your goals more effectively.

That said, we understand that it is not just about having a voice in Sacramento, it is about being able to communicate directly with your stakeholders, Council, community members, and other regional partners about what the City is doing with that voice in Sacramento. We work tremendously hard for our clients because each client who partners with RPPG has placed their trust in us ––not just to represent their interests in the state Capitol, but also to be a trusted messenger of their brand and story.

We will continue to put this same level of energy, razor -sharp attention to detail, and effective advocacy to work for you.

CLIENT REFERENCES AND EXAMPLES OF WORK PERFORMED
RPPG is proud of the work we have accomplished for the City of Foster City over the past three years under contract. Below are additional narratives of client success stories along with direct contact information for other RPPG clients should the City wish to inquire further. The following selection of narrative examples illustrates the accomplishments of the RPPG team members proposed for the City. Each example provides a “demonstrated skills” list followed by a more detailed summary of specific work in advancing policy and administrative issues of importance on behalf of our public sector clients throughout California.

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CLIENT: City of Mountain View
Demonstrated Skills: Stopping Detrimental Legislation, Advancing Sponsored Legislation (which included securing an author outside the client’s represented delegation), Strategic Partnerships and Coalition Building, State Budget, Advocating on Detrimental Legislation; Issue Area Proficiency: Transportation Agency Governance; Mass Transit Lanes
AB 2181 (Berman) Santa Clara Valley Transportation Authority: Board of Directors (2021 –2022 Legislative Session )
The Santa Clara Valley Transportation Authority (VTA) is responsible for county -wide transportation planning and promotion of transit -oriented development, providing bus, light rail, and paratransit services, and acting as a funding partner in regional rai l service that includes Caltrain, Capitol Corridor, and the Altamont Corridor Express. As amended, AB 2181 (among its several other troubling provisions) would have reduced the number of VTA Board members from 18 to 12, including six private citizens in li eu of local officials who are elected and thus accountable to the region they serve.

This would have significantly diminished the City of Mountain View’s representation on a critically important transportation authority board. VTA also expressed strong concerns given that the State was aiming to completely overhaul its entire governance st ructure. After months of negotiations and an eventual impasse with the Author’s office, the City formally adopted an “oppose unless amended” position.

Once authorized, RPPG led the effort to build a like -minded coalition of diverse stakeholders who aligned with the City’s concerns. We worked specifically with VTA in a coordinated strategy to both drive awareness of this issue with committee members and employ a grassroots advocacy strategy to engage more individual municipalities in joining our efforts.

More specifically, our team met with every member of the Senate Transportation Committee, coordinated with committee members on an opposition strategy, drafted core messaging documents, and set meetings with City officials and committee consultants to high light the unworkable impacts that the measure would have on the City’s ability to compete for critical transportation funding. As a result, the measure was pulled from consideration and did not advance.

AB 971 (Lee) Vehicles: Transit -Only Traffic Lanes (2023 –2024 Legislative Session ) Sponsoring a piece of legislation allows the client to have more ownership throughout the legislative process —as the client will act as the lead in both drafting the proposed policy and leading the negotiations with all stakeholders throughout the entire y ear. Typically speaking, lawmakers representing the client’s jurisdiction would introduce such a proposal; however, when the client requested the bill, the City’s delegation had already committed to other organizations and had reached their respective bill limit for the year. In response, RPPG was able to secure an author outside our client’s legislative delegation despite the author’s not representing the City. AB 971 (Lee, D -Milpitas) supports Mountain View’s efforts in furthering its North Bayshore Preci se Plan by opening up the specific types of mass transit vehicles eligible to use the City’s reversible transit lane project along Shoreline Boulevard (upon project completion). The ability to permit Mountain View’s fare -free transit operation was critical to the City’s ability to meet the required capacity threshold needed to move forward with the project.

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Throughout 2023, RPPG worked hand in hand with City staff, drafting legislative language and meeting with staff of the Assembly and Senate Transportation committees. We also engaged with the California Transit Association and the Valley Transportation Auth ority (VTA) early in the process to specifically incorporate language that allowed the City to achieve its policy goals while preserving transit -agency autonomy and ensuring that no new costs for road sign placement or maintenance would be incumbent upon t ransit agencies. In the “eleventh hour,” Caltrans expressed concerns about potential impacts to state highways.

Navigating the legislative process, we were able to work with our Author’s office to secure a legislative rule waiver, which in effect permitted the bill to be pulled back from its final vote in the Assembly and diverted back to the Senate Floor where final (technical) amendments could be taken to assuage any policy concerns expressed by the Administration. As a result, AB 971 was signed into law.

Client Contact: Christina Gilmore, Intergovernmental Relations Manager Phone Number: (650) 903 -6215
Email Address: [email protected]
Address: 500 Castro St., Mountain View, CA 94041
Years Performed: 2021-Present (ongoing)

CLIENT: Burbank -Glendale -Pasadena Airport Authority (Hollywood Burbank Airport) Demonstrated Skills: Legislative and Executive Advocacy, Strategic Partnerships and Coalition Building; Issue Area Proficiency: Airport Operations, Revenue Generation, Personal Vehicle Sharing AB 893 (Papan) Personal Vehicle Sharing Programs. (Authority Position, Support, 2022–2023 Legislative Session )

AB 893 is a measure that aims to provide equity in the post -airport transit space. This measure applies the same customer facility charges (CFCs) on “personal vehicle sharing programs” (e.g., peer -to-peer platforms, Turo, etc.). CFCs are collected to pay f or the use of an airport -mandated common use bus or light rail transit system operated for the movement of passengers between the terminal and a consolidated on -airport rental car facility. The fees typically pay off the bonded indebtedness incurred by the airport for the construction of the facility. Peer -to-peer platforms claimed that they were not subject either to permitting requirements or CFCs that apply to rental car companies and other forms of transit. The lack of regulation creates an inequitable marketplace. On behalf of Hollywood Burbank Airport, we engaged in support of AB 893. We worked with the California Airports Council, California Labor Federation, California Teamsters Public Affairs Council, and others to steer AB 893 through the legislati ve process. In addition, our team met with the Governor’s legislative staff to convey support —even prior to the measure officially advancing to his desk. This strategy was used to ensure that the Administration did not have any last -minute technical amendments that could have warranted a veto. As a result, AB 893 was signed by Governor Newsom.

Client Contact: Pamela Marcello, Legislative Director
Phone: (818) 524 -3828
Email: [email protected]
Address: 2627 N. Hollywood Way, Burbank, CA 91505
Years Performed: 2023 – Present (ongoing)

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CLIENT: City of Carlsbad
Demonstrated Skills: Developing Sponsored Legislation, Legislative and Executive Advocacy, and Coalition Building .

AB 1672 (Boerner) Lifeguards (2021 -2022 Legislative Session): The City of Carlsbad was experiencing a shortage of lifeguards at their city operated swimming pools as it reopened to the public from the COVID - 19 pandemic. Being a coastal community, they wanted to use beach lifeguards who are also city employees to fill in the vacancy at the recreational swimming pools. Unfortunately, they were unable to do so because in California, pool lifeguards must be certified through a training program managed by the American Red Cross or YMCA of the U.S.A., whereas ocean lifeguards can officially ascend their watch towers after undergoing United States Lifesaving Assn. training.

On behalf of the City of Carlsbad, RPPG sponsored Assemblymember Boerner Horvath’s bill, AB 1672, which would allow ocean lifeguards, who undergo highly rigorous training to work at public pools during off -seasons — a period when recreation agencies are of ten short of lifeguards. RPPG drafted the proposed legislation, working directly with the client to ensure that the language addressed their needs. Furthermore, RPPG developed the talking points, fact sheet, and other support materials, and worked with the opposition to address co ncerns. The bill was signed by Governor Newsom on September 13, 2022 [Chapter 273, Statutes of 2022].

Client Contact: Jason Haber, Intergovernmental Affairs Manager Phone: (760)434-2925
Email: [email protected]
Address: 1200 Carlsbad Village Drive. Carlsbad, CA 9200 8 Year Performed: 2020-Present (ongoing)

CLIENT: City of Bakersfield
Demonstrated Skills: Executive Branch Advocacy and Relationship Building, Monitoring Rule -Making Procedures and Reporting Back to Client; Issue Area Proficiency: Regulatory Oversight, Zero -Emission Vehicle Policy
Strategic Relationship Building (2021 –2022 Legislative Session ) A key aspect of advocacy is elevating your agency’s voice with those responsible for making and enforcing laws. RPPG maintains broad bipartisan working relationships within the Legislative and Executive branches and utilizes these connections on our client s’ behalf. In its first year of representation by a legislative advocate (RPPG), the City of Bakersfield took a strongly proactive approach to building relationships and developing a presence in Sacramento. Over the past year and a half, RPPG worked with o ur close contacts to arrange and join the Mayor and City Manager for direct meetings with the:
• Senior Counselor to the Governor
• Governor’s Deputy Cabinet Secretary for Finance

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22 City of Foster City /Proposal for State Lobbying and Grant Writing Services

• Governor’s Deputy Cabinet Secretary for Transportation, Housing, and Homelessness • Governor’s Director of External Affairs
• Governor’s Infrastructure Advisor
• Governor’s Office of Business and Economic Development • Attorney General
• Secretary of the Business, Consumer Services and Housing Agency • Secretary of Health and Human Services
• Secretary of the California Department of Corrections and Rehabilitation • Director of the Mental Health Services Oversight and Accountability Commission • Director of the California High -Speed Rail Authority • State Treasurer
• Deputy Director of the California Department of Transportation • Director of Local Assistance at the Department of Parks and Recreation

Advanced Clean Fleets Regulation ( 2022–2023)
Like most local agencies, the City of Bakersfield is significantly impacted by the California Air Resources Board (CARB) Advanced Clean Fleets Regulations. These regulations dictate how private and public fleets will transition to Zero Emission Vehicles (Z EVs) in coming years, in compliance with the climate goals established in Governor Newsom’s Executive Order N -79-20. The mandate for local government agencies —including cities —begins Jan. 1, 2024, with benchmarks set for compliance thereafter. RPPG monitored the rule -making process for the City, advising on the latest pending developments, comment periods, and potentia l impacts. Once CARB voted to adopt the final regulations, the City could not find a digestible resource that presented the regulatory provisions in an easily understood and accessible manner for the staff who would be required to ensure compliance. In res ponse, RPPG produced a “cheat sheet” document for our clients’ use that distilled the complex 38 -page final ruling document into a 9 - page chart for agencies’ easy reference in tracking their progress in the transition to compliance.

Client Contact: Anthony Valdez, Assistant to the City Manager Phone: (661) 326 -3029
Email: [email protected]
Address: 1600 Truxtun Avenue, Bakersfield, CA 93301
Years Performed: 2021 – Present (ongoing)

PROPOSED PRICING OPTIONS
Outlined below are separate pricing options for services as outlined in the proposal. Please note that any pricing options includes a not -to-exceed annual travel budget of $5,000.00 . This is a budgeted set -aside for potential costs associated with travel. No travel-related expense shall be made without written client approval.

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PROPOSED PRICING OPTIONS
Outlined below are separate pricing options for services as outlined in the proposal. Please note that any pricing options includes a not -to-exceed annual travel budget of $5,000.00 . This is a budgeted set -aside for potential costs associated with travel. No travel -related expense shall be made without written client approval.

Proposed Pricing: Flat Fee Retainer for Lobbying Services with a Per -Grant Fee Schedule ITEM NO . DESCRIPTION ANNUAL FEES
1 State Legislative Advocacy Services: As outlined in
the scope of work.

Note: This is a total contract reduction of reduction
of $18,000 annually for existing services.
$5,000.00/monthly flat fee
retainer agreement ($60,000
annual)
Note: As part of our good faith
commitment to the City, RPPG
will continue to prepare and
submit federal “Community
Funding Project Requests”
through our grants team as part
of the flat fee service agreement.
2 Grant Writing Services: The City will be charged for
grant writing services based on the amount of
funding requested in the grant proposal.

See Chart Below

Proposed Per -Grant Fee Schedule

Tier Amount of Funding Request Per-Grant Fee
1 Letters of Intent/Inquiry (standalone)
or grants worth $5,000 and below
$500
2 $5,001 to $50,000 $2,000
3 $50,001 to $250,000 $3,000
4 $250,001 to $499,999 $5,000
5 $500,000 to $1,500,000 $7,000
6 $1,500,001 to $5,000,000 $8,000
7 $5,000,001 to $10,000,000 $10,000
8 $10,000,001 or higher $12,000

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PROFESSIONAL SERVICES AGREEMENT
FOR

STATE LEGISLATIVE ADVOCACY SERVICES

This Agreement is made and entered into as of th e 15th day of January, 2021 by and between the City of Foster City hereinafter called "CITY" and Renne Public Law Group (DBA, Renne Public Policy Group (RPPG)) hereinafter called "CONSULTANT".

RECITALS

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

A. That CITY desires to engage CONSULTANT to provide professional ser vices on behalf of the CITY;

B. That CONSULTANT is qualified to provide such services to the CITY and;

C. That the CITY has elected to engage the s ervices of CONSULTANT upon the terms and conditions as hereinafter set forth.

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

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

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

2. Term; Termination. The term of this Agreement wil l be for a period of 12 months from the Effective Date.

This Agreement may be terminated by the C ITY without cause upon thirty (30) days written notice to CONSULTANT. If the CITY exercises its right to terminate t his Agreement in acco rdance with this paragraph, the C ITY shall pay C ONSULTANT for all services satisfactorily p erformed in accordance with thi s Agreement, thr ough and including the date of termination, but not to exceed the payments according to the rates specified in Exhibit “B” or the maximum amount authorized under paragraph 3 of this Agreement.

3. Compensation; Expenses; Pa yment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s monthly flat fee retainer during DocuSign Envelope ID: AAE737FB-83EB-4087-83E5-94666A9C06D4

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the time of the performance of said services. A copy of CONSULTANT’s monthly rate for which services hereunder shall be performed are set forth in CONSULTANT’s fee sched ule marked Exhibit “B” hereof, attache d hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combi ned total of compensation and reimbursement of cos ts payable hereunder shall not exceed the sum of forty-nine thou sand nine hundred and ninety -nine ($ 49,999.00) for the term of Agreement . Invoices for amounts in excess of $4,000.00 per month shall not be paid unless the performa nce of services and/or reimbursement of costs a nd expenses in excess o f said amounts have been approved in advance of performing such services or incurring such costs and expenses by CITY Manager.

4. Additional Services . In th e event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the City Council by motion duly made and carried.

Such amendment to this Agreement shall include a descriptio n of t he services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable there for, the time of performance thereof, and such ot her matters as the parties deem appropriate for the accomplish ment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

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

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

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

DocuSign Envelope ID: AAE737FB-83EB-4087-83E5-94666A9C06D4

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8. Documents. All documents, plans, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the term s of this Agreement, s hall, upon preparatio n and delivery t o CITY, become the property of CITY.

9. Relationship of Parties . It is understood that the rela tionship of CONSULTANT to the CITY is that of an independent contractor and all persons working for or under the direction of CONSULTANT are its agents or employees and not agents or employees of the CITY.

10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensio ns of time for the performance of such services occasioned by governmental reviews of CONSULTANT’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONSULTANT’s officers or employees.

11. Indemnity. To the fullest e xtent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY, its Council, boards, commissions, officers, employe es and agents, from and against any and all claims, suits, actions liability, loss, dam age, expense, cost (inclu ding, without limitation, costs and f ees of litigation) of every nature, kind or description, which may be brought against, or suffered or susta ined by, City of Foster City , its Council, boards, commissions, officers, employees or agents caused by, the negligence, intentional tortuous act or omission, or willful misconduct of CONSULTANT, its officers, employees, subcontractors or agents in the performance of any services or work pursuant to this Agreement.

The duty of CONSULTANT to indemnify and save harml ess, as set forth herein, shall include the dut y to defend as set fo rth in Section 2778 of the California Civil Code; provided, however, that nothing herein co ntained shall be construed to require CONSULTANT to indemn ify City of Fo ster City, its Council, b oards, commissions, office rs, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

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

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

12. No Guarantee of Outcome. Any comments made by CONSULTANT about the potential outcome of matters in connection with scope of work (Exhibit DocuSign Envelope ID: AAE737FB-83EB-4087-83E5-94666A9C06D4

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A) are expressions of opinion only and are not guarantees or promises about any outcome or results.

13. Insurance. CONSULTANT shall acquire and maintain Wor kers’ Compensation, employer’s liability, commercial general liability, owned and non -owned and h ired aut omobile liability, and professional liability insurance coverage re lating to CONSULTANT’s services to be performed hereunder covering CITY’s risks in form subject to the approval of the City Attorney and/or CITY’s Risk Manager. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per in surable event, shall be as follows:

Insurance Category Minimum Limits

Workers’ Compensation statutory minimum

Employer’s Liability $1,000,000 per accident for bodily injury or disease

Commercial General Liability $1,000,000 per occurrence and $1,000,000 aggregate for bo dily injury,
personal injury and property damage

Automobile Liability $1,000,000 per accident for bodily injury and property damage (coverage
required to the extent applicable to
CONSULTANT’s vehicle usage in
performing services hereunder)

1Professional Liability $1,000,000 per claim and aggregate

It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall b e available to the CITY as an Additional Insured. Furthermore, the req uirements for coverage and limits shall be the greater of either (1) the minimum coverage and limits spec ified in this Agreement or (2) the broader coverage and maximum limits of coverage of any in surance policy or proceeds available to the named Insured.

CONSULTANT agrees to include with all subcontractors in their subcontracts the same requirements and pr ovisions of this agreement including the indemnity and insurance requir ements to th e extent they apply to t he scope of the subcontractor’s work. Subco ntractors hired by

1 Note: Professional liability insurance coverage is not required if the CONSULTANT is not pro viding a service regul ated by the state. (Examples of service providers regul ated by the state are insurance agents, prof essional engineers, doctors, cert ified public accountants, lawyers, etc.) Please check and initial the following if pr ofessional liability is NOT required for this agreement.  Recommended ______ [Project Manager]  Approved _______[Risk Manager]
DocuSign Envelope ID: AAE737FB-83EB-4087-83E5-94666A9C06D4

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CONSULTANT shall agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under this Agreement and its accompanying documents. Subcontr actors shall further agree to includ e these same provisions with any sub - subcontractors. A copy of the indemnity and insurance provisions of this Agreement will be furnished to the Subcontractor upon r equest.

CONSULTANT shall requ ire all subcontractors t o provide a valid certificate of ins urance and the required endorsements included in the subcontract agreement and will provide proof of comp liance to the CITY prior to commencement of any work by the subcontractor.

Concurrently wi th the execution of this Agreement, CONSULTANT shall furnish CITY, on the form included as Exhibit D or similar form, with certificates and copies of information or declaration pages of the insurance required hereunde r to be included as E xhibit C hereto. With respect to evidence of commercial general liability and automobile liability insurance coverage, CONSULTANT must also include in Exhibit C the following original endorsements::

(a) Precluding cancellation or reduction in per occurre nce limits before the expiration of thirty (30) days (10 days for nonpayme nt) after CITY shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail;

(b) Naming the City of Foster City, its Council, officer s, boards, commissions, employees, and agents, as additional insureds; and

(c) Providing that CONSULTANT’s insura nce coverage shall be primary insurance with respect to City of Fo ster Ci ty, its Council, officers, boards, c ommissions, employees, and agent s, and any insurance or self-insurance maintained by CITY for itself, its Council, officers, boards, commissions, em ployees, or agents sh all be in excess of CONSULTANT’s insurance a nd not contributory with it. CONSULTANT and its insurer may not seek contr ibution from CITY insurance or self-insurance.

The limits of i nsurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. An y umbrella or excess insurance sh all contain or be endorsed to contain a pr ovision that such covera ge shall also apply on a primary and no n-contributory basis for the benefit of CITY, to the e xtent required by this Agreement, before the CITY’s insurance or self-insurance may be ca lled upon to protect CITY as a named Insured.

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

DocuSign Envelope ID: AAE737FB-83EB-4087-83E5-94666A9C06D4

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CITY reserves the righ t to obtain a full c ertified copy of any insurance policy and endorsements. Failure to exercise this right shall not consti tute a waiver of right to exercise later.

Any and all Subcontractors shall agree to be bound to CONSULTANT and CITY in the same manner and to t he same extent as CONSULTANT is bound to CITY under this Agreement. Subcontractors shall further agree to inclu de the same requirements and provisions of this Agreement, including the in demnity and insurance re quirements, in an y agreement with sub-subcontractors to the extent that they apply to the scope of the sub-subcontractor’s work. A copy of the indemnity and insurance provisions of this Agreement shall be furnished to any subcontra ctor upon request.

CONSULTANT shall maintain insurance as re quired by this Agreement to the fullest amount allowed by law and shall maintain in surance for a minimum of five (5) years following completion of this project or service.

In the event CONSULTANT fails to obtain or mai ntain c ompleted operations coverage a s required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.

14. WORKERS' COMPENSATION. CONSULTANT certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake se lf-insurance in accordance with the provisions of that Code, and CONSULTANT certifies that he will com ply with such provisions before commencing the performance of the work of this agreement.

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

DocuSign Envelope ID: AAE737FB-83EB-4087-83E5-94666A9C06D4

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Peter Pirnejad, City Manager

CONSULTANT: Dane Hutchings (Project M anager) 1100 11 th Street, Suite 200-231, Sacramento, CA, 95817
[email protected]

Jonathan V. Holtzman (Managing Partner)
350 Sansome Street, Suite 300, San
Francisco, CA, 94104
[email protected]

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

18. Amendments. This Agreem ent may be amended or modified only by written agreement signed by both parties.

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

20. Governing Law . This Agreement shall be governed by the laws of the State of California and any suit or action initi ated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the rea sonable attorney’s fees and expenses of litigation of the successful party.

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

22. Conflict of Interest. CONSULTANT represents numerous public agencies, nonprofits, and private clients throughout California. Although unlikely, it is possible that certain clients might have certain objectives and policies that are not shared by other clients. Fo r example, a c lient may support DocuSign Envelope ID: AAE737FB-83EB-4087-83E5-94666A9C06D4

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proposed legislation, while another city may be opposed to it. The CITY recognizes this reality, acknowledges that this sort of policy conflict may occur, and agrees that it will not assert a conflict based on these types of policy or legisl ative disagreements . Nothing in this paragraph shall be construed to diminish or overri de CONSULTANT’s duty to adhere to the Rules of Professional Responsibility, including the rules governing legal conflicts of interest.

23. Entire Agreement. This Agreement, including Exhibits A and B, comprises the entire Agreement.

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

City of Foster City

Dated: _________________________________ Peter Pirnejad, City Manager

ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM

Dated:

Jean B. Savaree, City Attorney

CONSULTANT

Dated:

Jonathan V. Holtzman Managing Partner,
Renne Public Law Group (DBA Renne Public
Policy Group (RPPG))

DocuSign Envelope ID: AAE737FB-83EB-4087-83E5-94666A9C06D4 2/1/2021 | 6:55 PM PST
2/2/2021 | 7:19 AM PST
2/2/2021 | 8:00 AM PST
2/2/2021 | 9:05 AM PST

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EXHIBIT A

SCOPE OF WORK
FOR

STATE LEGISLATIVE ADVOACY SERVICES

City of Foster City

 Assist with developing and updating the City’s legislative agenda and policy platform in light of legislative trends.

 Conduct state, regional, and local policy research; inform the City of relevant policies, develop advocacy materials, and assist the City with local positions on high- priority subjects.

 Track state legislation and provide legislative tracking reports regularly to City.

 Regularly communicate with the City to assess legislative options, analyze legislation and discuss policy objectives including review and input into the City’s legislative policy platform and meeting via teleconference periodically with the City Council’s relevant council sub-committee.

 Proactively address legislation, topics or issues that unfold in advance of the legislative session.

 Serve as a liaison between the City and State Legislature, Executive Branch or other officials in state government as identified by the authority.

 Develop strong working relationships with State Legislature, state agencies, Executive Branch and other key stakeholders.

 Raise, disc uss, and recommend any affirmativ e legislative action that may benefit the City, and identify any potential or actual legi slative or agency action that may impact the City and region.

 Coordinate and collaborate with other municipalities and organizations having similar legislative object ives a s the City. Where a ppropriate, advocate positions on legislation and work to secure language in legislation that will advance the City’s interests.

 Develop and participate in strategic coalitions with a ssociations an d g overnmental organizations in furtherance of the City’s legislative agenda as requested.

 Provide the City with a written annual report, related to the City’s state agenda and a summary of services provided and measurable results achi eved on behalf of th e City.

 Draft letters, legislat ive language and talking points or other advocacy materials on legislation as necessary.

DocuSign Envelope ID: AAE737FB-83EB-4087-83E5-94666A9C06D4

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 Prepare letters in support of the City’s adopted legislative position to members of the state legislature, executi ve branch, and other officials in State government a s needed.

 Testify at the direction of and on behalf of the City at hearings before legislative committees.

 Prepare written testimony for city officials who wish to testify before legislative committees.

 Conduct at least o ne in-person briefing in the Cit y per year to the Mayor a nd City Council and key City departments as identified by the City Manager’s Office.

 Develop and implement strategies to best position city to obtain stat e grant funding for the City’s projects and programs.

 Guide the City regard ing submissions of state grant requests, assist in preparation submission, letters of support, and other supporting materials.

 Register to lobby, on behalf of the City, with the n ecessary State officers and agencies, requir ements mandated by the Fair Poli tical Practices Commissio n (“FPPC”), and any other legal requirements.

 Other related duties as assigned

DocuSign Envelope ID: AAE737FB-83EB-4087-83E5-94666A9C06D4

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EXHIBIT B

CONSULTANT’S FEE SCHEDULE

Due to the demands of the legisla tive calendar, RPPG does not bill on an hour ly basis for legislative advocac y work. Therefore, the monthly flat fee retainer amount of $4,000 per month shall be assessed for services outlined in Exhibit A. Retainer amount does not includ e expen ses related to travel. However, no additional expenses shall be incurred without prior client approval. In no circumstances shall this contract exceed a $49,999.00 for the term of the Agreement.

DocuSign Envelope ID: AAE737FB-83EB-4087-83E5-94666A9C06D4

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OAK #4882-1491-9428 v1 1

FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT WITH RPPG

THIS FIRST AMENDMENT TO THE AGREEMENT (“First Amendment”) is entered into as of this March 1, 2022, by and between the City of Foster City, a public body corporate and politic, hereinafter called “City” and Renne Public Law Group (dba Renee Public Policy Group (RPPG)) hereinafter called “Consultant.” City and Consultant shall be referred to individually as “City” or “Consultant” or “Party” or collectively referred to as “Parties.”

RECITALS
WHEREAS, on January 15, 2021, City and Consultant entered into a Professional Services Agreement (“Agreement”) whereby Consultant was to provide State Legislative Advocacy Services at a monthly flat rate of $4,000 for a not to exceed amount of $49,999, pursuant to the terms of the Agreement; and

WHEREAS, the term of the Agreement was for twelve months; and

WHEREAS, the Parties desire to extend the term of the Agreement by an additional 24 months; increase the compensation by an additional $156,000 and amend the Scope of Services to include additional grant writing services.

TERMS
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the Parties agree as follows:

1. Amendment.
(a) Section C(1), Services. Exhibit A, “Scope of Work for State Legislative Advocacy Services” to the Agreement shall be deleted and replaced with the Exhibit A, “Scope of Work”, attached hereto and hereinafter incorporated by reference. (b) Section C(2), Term; Termination. The first paragraph shall be deleted and replaced to read as follows:
“The term of this Agreement will be for a period of 36 months from the Effective Date.” (c) Section C(3) Compensation; Expenses; Payment. Section C(3) shall be deleted and replaced to read as follows:

“CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s monthly flat fee retainer during the time of the performance of said services. A copy of CONSULTANT’s monthly rate for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, attached DocuSign Envelope ID: 38D74FE2-3EAA-402A-88DA-587BA0291998

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hereto and by this reference incorporated herein. Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of Two Hundred Five Thousand Nine Hundred Ninety-Nine Dollars ($205,999.00) for the term of Agreement. Invoices for amounts in excess of $6,500.00 per month shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by CITY Manager.

Exhibit B shall be deleted and replaced with Exhibit B, “Consultant’s Fee Schedule” attached hereto and hereinafter incorporated by reference.

2. Except as modified by this First Amendment, the Agreement shall remain in full force and effect.

[SIGNATURES ON NEXT PAGE]

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IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed by themselves or their duly authorized representatives as of the date first above written.

CITY OF FOSTER CITY

By:

Richa Awasthi, Mayor

By:

Jonathan V. Holtzman, Managing Partner
RPPG

ATTEST:

By:

Priscilla Schaus, City Clerk

APPROVED AS TO FORM:

By:

Benjamin L. Stock, City Attorney

DocuSign Envelope ID: 38D74FE2-3EAA-402A-88DA-587BA0291998

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EXHIBIT A

SCOPE OF WORK
The scope of work for legislative advocacy services includes:
 Legislative Review, Tracking and Advocacy: Track, review and analyze any introduced and amended legislation and regulatory proposals. Advocate on legislation, regulatory proposals of interest and any state budget issues impacting the organization.

We consult and develop strategic documents, draft policy position, regulatory and budgetary letters, customized priority legislative tracking matrix, budget analysis, and background papers to ensure the City is informed and its voice is heard by policymakers and stakeholders.
 Participate and Advise in Annual Legislative Strategic Planning: RPPG understands the importance that establishing a proactive strategy plays in our client’s overall success.

RPPG will work with the City to help develop the organization’s annual and multi-year legislative strategic plan.
 Explore Potential Funding Opportunities, General Fund and Competitive Grant Programs: The Newsom Administration has prioritized increased wildfire preparedness, affordable housing, transportation/infrastructure rehabilitation and other capital improvement projects. Identifying and effectively advocating for appropriate grant funding provides a tangible return on investment from working with a Sacramento legislative advocacy firm. For the 2022-23 budget development cycle, Governor Newsom is focusing on one-time investments with a historic $31 billion budget surplus that address five core policy areas: fighting the COVID-19 pandemic, combating the climate crisis, confronting homelessness, addressing the cost of living, and keeping our streets safe.
 Representation: Represent the City at policy-related meetings, conferences, events, regulatory proceedings, legislative hearings, and other appropriate venues to deliver comments, testimony, and provide the City with a consistent presence in Sacramento.

RPPG representatives already attend all League legislative briefings and work closely with League lobbyists and staff.
 Frequent Communication: At RPPG, we want to make sure our clients are fully informed. RPPG representatives go well above and beyond by providing comprehensive written updates monthly, and supplement that with a bi-weekly check-in with city staff via Zoom, where we review legislation and brief them on the latest issues and developments. RPPG representatives are also available, when needed, to brief City staff or council on emerging issues, current legislation, or enacted policies.  Relationship Building: RPPG will build off the City’s strong reputation and will continue to foster relationships with legislators and administration officials. Our firm will make meeting recommendations, schedule arrangements, and strategize on messaging in advance. This approach ensures that we have laid the groundwork for your bill proposals DocuSign Envelope ID: 38D74FE2-3EAA-402A-88DA-587BA0291998

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year over year.
 Education Tour: Using the City’s legislative priorities, RPPG is prepared to conduct an education tour in the Capitol to drive awareness on the issues that matter to you most.

This will ensure that the appropriate communication channels with legislative staff and legislators remain open throughout the 2021-2022 legislative session and beyond.  Targeted Engagement with Statewide Local Government Association and Local Agency Partners: Our proven working relationship with the League of California Cities, California State Association of Counties, California Special District’s Association, the California Fire and Police Chiefs’ associations, and other statewide local government advocacy organizations will ensure that RPPG can communicate the City’s policy positions—and when appropriate, work in a blended strategy to achieve success.  (Optional) Developing Foster City’s State Legislative Platform: Having clear objectives is key to identifying potential threats, effectuating change and achieving success. If the City would like to further explore adopting a formal legislative platform, RPPG will work with the City to develop clear legislative priorities. Note: It is not required to have an adopted legislative platform.

The scope of work for grant writing services includes:
 Project Management: RPPG will provide grant writing and project management services, from start to finish of the proposal development process. This includes the preparation of funding abstracts, project narratives, and required forms and attachments.

The grant writer will convene a “kickoff” meeting for each project and will outline expectations for all staff involved in preparing the application, including a projected time commitment for each City staff member. RPPG will develop a strategic work plan for the development of a proposal, take the lead in scheduling meetings, and work to obtain relevant information from stakeholders.
 Funding Opportunity Research: RPPG conducts continuous and comprehensive research, keeping clients informed of upcoming grant opportunities. The City of Foster City will receive a monthly “Funding Opportunities Catalog” documenting current and cyclical grant programs from federal agencies, state agencies, and private foundations.

Targeted research is available on an “on-call” basis.
 Strategic Planning: RPPG works directly with organizational leadership teams to identify funding and service gaps to inform grant-seeking activities. RPPG schedules annual “deep dive” meetings with clients to focus on key priorities for the upcoming year and then uses those priorities to develop a “Funding Opportunities Assessment” to guide the organization’s grant-seeking activities.
 Collaborative Approach: RPPG utilizes a collaborative grant writing process to put together highly competitive proposals. Skilled consultants understand that leveraging the subject matter expertise of our clients is critical to success. RPPG uses cloud-based document sharing services to enable real-time feedback from clients throughout the DocuSign Envelope ID: 38D74FE2-3EAA-402A-88DA-587BA0291998

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proposal development process.
 Capacity Building: “Grant readiness” is a critical element of success. RPPG will prepare and provide in-house trainings for your organization to support grant-seeking and administrative activities at the staff level.
 Quality Control: Prior to submitting a grant application, RPPG’s grant writer will review the contents of each form, check for typographical or grammatical errors, and ensure that all required components for a complete proposal are included in the application package.
***

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EXHIBIT B
CONSULTANT’S FEE SCHEDULE

Due to the demands of the legislative calendar, RPPG does not bill on an hourly basis for legislative advocacy work. Therefore, the monthly flat fee retainer amount of $6,500 per month for a total of $78,000 per year shall be assessed for services outlined in Exhibit A. Retainer amount does not include expenses related to travel. However, no additional expenses shall be incurred without prior client approval. In no circumstances shall this contract exceed a total of $205,999 for the term of the Agreement.

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2023 END OF YEAR REPORT

City of Foster City

Prepared By:

Dane Hutchings
Managing Director
Phone: (916) 230- 6935
[email protected]

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TABLE OF CONTENTS

TRANSMITTAL LETTER ...................................................................................... 3 2023: YEAR IN REVIEW ....................................................................................... 5 RPPG/CITY OF FOSTER CITY HIGHLIGHTS 2023 ............................................ 7 KEY PERFORMANCE INDICATORS ................................................................... 8 CLIENT COMMUNICATION ............................................................................... 10 OTHER RPPG EFFORTS .................................................................................. 11 LOOKING AHEAD: 2024 LEGISLATIVE SESSION .......................................... 12 CHANGE IN COMMITTEE CHAIRS................................................................... 12 LOOMING BUDGET DEFICIT ............................................................................ 13 A SLOWDOWN IN HOUSING LEGISLATION…NOT SO FAST ....................... 13 GOVERNMENT TRANSPARENCY ACT ........................................................... 14 CLIMATE BOND ................................................................................................ 14 WILDFIRE INSURANCE .................................................................................... 14 GRANT WRITING SERVICE: STATUS UPDATE .............................................. 16 LOOKING AHEAD: 2024 GRANT FUNDING ..................................................... 17 TRANSPORTATION .......................................................................................... 18 PARKS AND RECREATION .............................................................................. 21 FIRE RESPONSE AND WILDFIRE MITIGATION .............................................. 22 HOUSING AND HOMELESSNESS.................................................................... 23 SUSTAINABILITY AND CLIMATE ADAPTATION ............................................ 25 WATER QUALITY AND CONSERVATION ....................................................... 27 ECONOMIC AND WORKFORCE DEVELOPMENT .......................................... 28 PUBLIC SAFETY AND CRIMINAL JUSTICE .................................................... 30 COMMUNITY INFRASTRUCTURE .................................................................... 31 HAZARD MITIGATION ....................................................................................... 31

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TRANSMITTAL LETTER

November 15, 2023

To: Stefan Chatwin
City Manager
City of Foster City

From: Dane Hutchings
Managing Director
Renne Public Policy Group

Dear Mr. Chatwin,

On behalf of the Renne Public Law Group, LLP [DBA Renne Public Policy Group (RPPG)], I want to thank you, your team, and the City of Foster City, City Council for engaging our firm for state legislative advocacy services. This end of year report provides an overview of the services provided by our firm to the City of Foster City during the 2023 legislative year, as well as insights and potential next steps in preparation for the 2024 legislative year. Additionally, this report provides a recap on efforts cu rrently underway for the 2024 legislative session and our firm’s initial assessment of eligible grant funding opportunities.

Over the past year, RPPG has worked with your staff to take an aggressive approach to raise the City’s profile and to build relationships with the Administration, state agencies, and Members of the Legislature. 2023 proved to be a productive year in continuing the City’s presence and educating decision makers about the City’s top priorities.

RPPG engaged on state legislative measures in the areas of housing, land use, climate, transportation, as well as on governmental operations and employment issues with specific applicability to the City. This resulted in over 230 individual “touchpoints”, either with the City or on behalf of the City. Deliverables included drafting memos, providing legislative analysis, advising City staff, meeting with state lawmakers or their staff, drafting state and federal position letters, etc. We monitored and/or engaged on over 1,490 pieces of state legislation. In total, the City of Foster City officially positioned on five pieces of state legislation and one budget measure in 2023 (six measures in total). We are proud that we were able to deliver favorable outcomes on all six action RPPG was directed to engage on.

Despite only adopting formal positions on six measures, the City requested information, analysis and feedback on dozens of issues to assess potential impacts. We worked with your staff to provide clarity on issues through the following mechanisms: drafting memos, providing information on administrative actions, and providing detailed policy and political analysis on multiple items of interest to the City.

Moreover, we worked closely with departmental staff, providing ongoing research and support on a variety of state and federal grant programs. As detailed further in this report, in addition to assisting on grants, RPPG worked with City staff on how to prepare for upcoming grant opportunities to ensure applications are competitive. RPPG’s Grant Services team worked closely with staff to screen potential projects for Community Project Funding (CPF) requests to Rep. Mullin’s office for the FY 24 federal budget development cycle. This included a thorough review of CPF program guidelines and assessment of which available funding accounts aligned with the different project concepts. RPPG’s Director of Grant Services

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prepared a successful CPF application that will bring $1.3 million to Foster City to address seismic vulnerabilities for the Lagoon Pump Station.

We are grateful that the City will continue its relationship with RPPG moving into the 2024 legislative session. Despite our team’s success on behalf of the City, we believe there is still much more work to be done, and we certainly do not take this responsibility lightly. Thank you once again for the opportunity to serve the City of Foster City. We look forward to continuing our partnership and building on the success we have achieved.

Sincerely,

Dane Hutchings
Managing Director
Renne Public Policy Group

CC: Marlene Subhashini, Assistant City Manager, City of Foster City

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2023: YEAR IN REVIEW

The 2023-2024 session of the California State Legislature began with both houses convening in early December 2022 for an organizational session. During this time, Members in each house took their oaths of office and passed their respective chamber rules. The first formal action taken by the Assembly was to adopt a leadership transition plan (House Resolution H.R. 1) which solidified the transition of Assembly Speakership from Anthony Rendon (D, Lakewood) to Robert Rivas (D, Hollister) effective July 1, 2023.

In the Senate, Toni Atkins (D, San Diego) was re -elected President pro Tempore and Mike McGuire (D, Healdsburg) was re-elected as Majority Leader. However, there was a changing of the guard on the Senate Republican side with Brian Jones (R, Santee) replacing Scott Wilk (R, Santa Clarita) as Minority Leader.

Additionally in December, Governor Gavin Newsom declared a special legislative session to introduce a gasoline price gouging measure in response to rapidly rising prices at the pump throughout the state during 2022. The measure, SBX1 -2
, was carried by Senator Nancy Skinner (D, Berkeley) and authorizes the State Energy Resources Conservation and Development Commission to set a maximum gross gasoline refining margin and to establish a penalty if this margin is exceeded. The measure was signed into law by the Governor on March 28 and went into effect on June 26. While this measure did not have a direct impact on local government authority or operations, RPPG closely monitored this action to ensure that there was momentum to modify SB 1 allocations.

The Legislature reconvened for the regular 23-24 legislative session the first week of January 2023. With 35 newly elected Members coming to Sacramento (25 Assemblymembers and 10 Senators), California saw the largest number of new state- elected representatives join the Legislature since modified constitutional term limits for state lawmakers were approved by the voters in 2012.

While historically new legislators tend to ease into their newly minted roles—introducing only a handful of new legislation in year one—this new class took a different approach. As a result, we saw more than 3,000 individual legislative and budgetary measures introduced in 2023 alone. This was the most in the first year of session in more than a decade. Major themes and priorities of the 2023 session included:

• Major overhaul of the state’s behavioral health system and its funding. • Policies that further streamlined housing production and fast-tracked critical infrastructure projects.
• Significant labor dispensations and extensions.
• Attempts to address the ongoing fentanyl crisis.
• Preparation and mitigation for climate change.
• Advancement of several constitutional amendments and statewide funding measures for voter consideration in 2024.

In early January, Governor Newsom unveiled his proposed budget for fiscal year (FY) 2023-2024. Contrary to the historic budget surpluses in the previous fiscal years, the Governor confirmed that the state was projecting a $22 billion deficit moving into the new year. Factors the Administration cited included a drop in anticipated personal income tax revenues, a generally slowing economy, high inflation, and Federal Reserve interest rate increases. Despite these negative drags on the economy, the Administration did not project a recession in the budget. In respons e, the Administration proposed a combination of triggered spending cuts, funding delays, shifts in funding sources, and the issuance of bonds to close the gap and pass a balanced budget.

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Given the sheer volume of legislation introduced, the spring of 2023 was a remarkably hectic time for the Legislature and advocates alike. All told there were more than 150 legislative, fiscal, and budgetary hearings dispensing with measures that directly impacted local government. The timing of these policy hearings coincided directly with Governor Newsom’s “May Revise” in which the Administration proposed an increase of $9 billion in total spending along with an increase in the state’s projected deficit —now surpassing $30 billion.

All told the final FY 23-24 budget consisted of $310 billion in total spending. The final budget advanced by the Legislature contained appropriate cuts to close the $31.5 billion deficit and was signed by the Governor on June 27 to adhere to constitutional deadlines. The Administration’s and Legislature’s priorities in the FY 23-24 budget were consistent with previous years which dedicated funding to homelessness, climate change, healthcare, education, and housing.

Governor Newsom, along with Assemblymember Jacqui Irwin (D, Thousand Oaks) and Senator Susan Eggman (D, Stockton), announced in mid-June a behavioral health policy package. The two measures that comprise this behavioral health package, AB 531 (Irwin) and SB 326 (Eggman), were signed into law on
October 12 and will be put to voters on the March 2024 ballot as Proposition 1. AB 531 will provide $6.38 billion in new funding for behavioral health infrastructure efforts. In response to a strong lobbying effort from local government advocates, the measure was amended in the eleventh hour to increase the total funding amount and to provide direct allocation to cities. SB 326 will rename and modernize the Mental Health Services Act passed by the voters as Proposition 63 in November 2004. AB 531 and SB 326 received bipartisan support on both the Assembly and Senate Floors.

Robert Rivas was sworn in as the 71
st Speaker of the State Assembly on June 30. He made several changes to Assembly leadership on July 3, including appointing Isaac Bryan (D, Los Angeles) as the new Majority Leader and Cecilia Aguiar-Curry (D, Winters) as the new Speaker pro Tempore. Additionally, Juan Carrillo (D, Palmdale) was appointed the new chair of the Local Government Committee. Speaker Rivas was elected to the Legislature in 2018 and with 12- year term limits could potentially hold his leadership position until he terms out in 2030.

Senator Atkins announced in late August that the Senate Democratic Caucus had determined that Senator McGuire will be the Pro Tem “Designee”, with a specific transition date to be announced in January 2024.

Senator Atkins has served in the Legislature since 2012. As an Assemblymember she rose to power — becoming Speaker of the Assembly from 2014-2016 before running for State Senate. Senator Atkins then became the Pro Tem of the Senate in 2018. She terms out of the Legislature in 2024. Senator McGuire was elected to the Senate in 2014 and has served as Majority Leader since 2022. He terms out of the Legislature in 2026 and has filed paperwork to run for Insurance Commissioner.

By the evening of September 14, the legislature had advanced a total of 1,046 bills to the Governor for his consideration. By October 14, the Governor had signed 890 measures into law and vetoed 156—an approximate rate of 85% to 15%. The Legislature is now adjourned and will resume the second year of the two-year legislative session on January 3, 2024.

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RPPG/CITY OF FOSTER CITY HIGHLIGHTS 2023

COMBINED DELIVERABLES AND TOUCHPOINTS

PROVIDED TO AND ON BEHALF OF THE CITY
Legislative updates, legislative and budgetary position letters, policy, and political analysis, meetings with City and/or state legislature on behalf of the City.
*As of October 31

SUCCESS RATE ON LEGISLATIVE ENGAGEMENT
— MAKING THE CITY’S VOICE HEARD
RPPG achieved the desired outcome or secured critical
amendments to dramatically reduce adverse impacts on the City. (6 desired outcomes based on RPPG’s engagement out of 6 total)

PIECES OF LEGISLATION TRACKED ON BEHALF

OF THE CITY
Legislation tracked and assessed for impacts on City
operations, legal and/or local decision making.
230+

IN REVENUE PROTECTED
Amount of funds that RPPG was able to secure in previously promised vehicle license fees (VLF) in the fiscal year 2023- 2024 budget that was owed to the City.
$676K+

IN STATE AND FEDERAL FUNDING SECURED
Combined funds that RPPG secured for the City from state and federal grants.
$1.3M
1,490+
100%

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KEY PERFORMANCE INDICATORS

At its core, legislative advocacy is working with individual lawmakers (both within the City’s legislative district and out), committee staff, the Governor’s administration, and regulatory officials to support the City’s policy goals. Equally important is the ability to work with those same stakeholders to mitigate legal, operational, or fiscal impacts that state legislation may have on the City of Foster City.

Successful legislative advocacy is predicated on raising awareness and education. Being able to empower City Council, staff, and the City’s advocacy team are critical in any effort to advance legislative efforts. In Sacramento, direct advocacy can range fr om working personally with a legislator, an aide, policy committee staff, and/or the Administration on the wording of a bill, to mobilizing broad coalitions that align with the City’s cause. This work includes educating legislators, supporters, and the public about the issue, working with the media, and continuously seeking out allies and being persistent over long periods of time.

Over time, a sustained legislative advocacy effort will help the City form strong allies. Working with lawmakers and familiarizing them with your concerns often results in lawmakers, even those outside of your legislative district, becoming champions for your specific issues. Establishing personal relationships with legislators, both in the City’s legislative district and outside of its district , provides the City with the credibility needed to have a meaningful impact during the legislative process. While there is no guarantee that a sustained effort will lead to success on any particular issue of importance, a lack of a sustained effort will lead to state policies that will remove local decision making and create new financial, legal, or operational challenges for the City of Foster City . Below is a condensed narrative outlining many of the highlights and key performance indicators of success during the 2023 legislative session.

Highlights: Legislative Advocacy Success

 Protect Critical Vehicle Licensing Fee Revenue Backfill (City Position, Support) Each year, San Mateo County (SMC) along with the taxing agencies within the county engage the Administration in ongoing—and at times contentious negotiations regarding the backfill of Vehicle Licensing Fees (VLF). Ensuring that the State adheres to its legal obligation to backfill these revenues requires a sustainable level of engagement with a broad coalition of stakeholders. As the backfill amount continues to grow, securing this revenue via the budget process has become increasingly challenging.

This year, the total backfill request for the entire county came in at $32,898,051—of which $676,977 was allocated to the City of Foster City.

Using the projected budget deficit as political cover—the Newsom Administration did not include the backfill request amount in the January Budget proposal. This was the first time since the inception of this issue (dating back to Governor Schwarzenegger) that the Administration did not include this allocation. In response, RPPG worked alongside San Mateo County’s lobbying team in advocating for the City on this issue. In addition, we worked with Assemblymember Papan providing her staff three separate in- depth policy briefings on the issue—as well as providing the Member with City-specific talking points in advance of her meeting with Administration officials.

In response to our sustained engagement with Assembly and Senate Budget committees, we were successful in getting VLF funding discussed as an action item during March budget hearings. Despite the robust discussion—including testimony from RPPG and other stakeholders in support, the Administration still did not include the backfill amount in its May Revise budget proposal. While this was truly an unprecedented moment, our team along with the broader coalition pushed forward, meeting several times

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with the entire SMC delegation, legislative budget staff, Department of Finance, and worked extremely close with Assemblymember Papan and Senator Becker’s Capitol staff in pushing hard for this inclusion.

As a result, we were successful in securing the $32,898,051 total backfill allocation in the final budget package. This is an issue that will be ongoing as we seek a more permanent solution in the 2024 legislative session and beyond.

 AB 309 (Lee) The Social Housing Act (City Position, Oppose Unless Amended) On July 13, Assemblymember Alex Lee (D, San Jose) significantly amended his Assembly Bill (AB) 309 which would have created a statewide Social Housing Act pilot program. In short, the measure would have required the California Department of General Services (DGS) to build three social housing projects on state-owned land. Moreover, the pilot program raised several policy questions and provided virtually zero requirements that local agencies be consulted prior to project approvals. RPPG provided the City wit h a detailed policy analysis on the amended measure and engaged directly with the Assemblymember, the Senate Appropriations staff and the Newsom Administration to express concerns about such a drastic policy shift leading into the last month of the legislative session. We also worked with DGS to highlight the cost drivers to their agency prior to the Senate Appropriations analysis. As a result, the Department of Finance assessed costs ranging from $350-400 million to comply with the measure. Despite the new costs to the State, AB 309 did advance to the Governor for his consideration. RPPG met with the Administration in advance of the bill passing out of the Legislature to express our policy concerns with this approach.

On October 7, Governor Newsom vetoed AB 309. In his veto message the Governor States:
“This bill infringes on state sovereignty over state -owned real property… and could potentially cost the state several hundred million dollars in capital expenditures…This bill creates new additional cost pressures and must be considered in the annual budget in the context of all state funding priorities.”

 SB 532 (Wiener) San Francisco Bay area toll bridges: tolls: transit operating expenses (City Position, Oppose)
SB 532 was a gut-and-amend- measure—meaning all of the original content in this measure was stripped and replaced with a new policy proposal. As amended, SB 532 would have temporarily increased each of the seven state-owned toll bridges in the San Francisco Bay Area by $1.50 with annual COLA increases.

Further the measure have required these additional revenues to be directed to various mass -transit operators instead of bridge infrastructure maintenance and improvements. RPPG alerted the City as soon as the measure was amended, we then provided a detailed analysis of the measure and worked with City staff to brief the counsel of the potential impacts to City residents. Upon council direction to oppose the bill, RPPG immediately engaged. Several actions were taken including drafting a formal opposition letter, meeting with Senator Weiner’s staff to outline concerns and working with a group of likeminded stakeholders—including the Bay Area Council to highlight the policy flaws and disproportionate impacts this measure would have to vulnerable communities. While the measure did advance out of the Assembly Transportation Committee, the bill would not have received enough support to advance off of the Assembly Floor.

On August 23, Senator Weiner announced that he was pulling his bill from consideration— effectively stopping any further action on this issue for the remainder of the year.

 Water Rights Bill Package:

SB 389 (Allen) State Water Resources Control Board: investigation of water right (City Position, change from Oppose to Neutral as Amended)

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AB 1337 (Wicks) State Water Resources Control Board: water diversion curtailment (City Position, Oppose)
AB 460 (Bauer-Kahan) State Water Resources Control Board: water rights and usage: interim relief: procedures (City Position, Oppose)
Dubbed the “Water Rights” bill package, three pieces of legislation were touted by supported as critical updates to the State Water Resources Control Board’s ability to make informed and timely water management decisions while building climate resilienc y for the future . In reality —however—these proposed measures fundamentally changed the implementation and enforcement of California’s water rights system. Collectively this package was an attack on the current water rights system and presented substantial alarming concerns for not only public water agencies, but to local agencies throughout the state and the communities they serve.

Californians throughout the state would have been directly impacted by uncertain delivery of water services and a potential spike in the cost of water if a local supply issue was created by the measures’ implementation. In fact, the Bay Area Water and Supply Conservation Agency (BAWSCA) stated that these measures “Threaten the security of our Bay Area water supplies and undermine the basic foundation of water management and water delivery.”

RPPG worked closely on behalf of the City with lead water advocates and a robust coalition of stakeholders to educate lawmakers on the direct concerns of their communities . We focused on both the over -reach and legal confusion that would be created by these proposed laws. Ultimately, stakeholders were able to successfully stop the forward motion of both AB 460 and AB 1337. SB 389 became the sole vehicle for negotiation, and after much effort and discussion, was amended to remove the concerns of the bulk of the stakeholder opposition coalition – including the City’s, who moved to neutral prior to the bill heading to the Governor’s desk.

AB 460 and AB 1337 were defeated by the opposition coalition.

On October 8, Governor Newsom signed SB 389 into law as substantially amended to remove the City’s opposition.

Client Communication

Client communication is a critical component of our overall advocacy approach. The better informed our clients are, the better the advocates we can be for them. One way to achieve this goal is to provide memos which include client -specific analyses of legislation, of regulatory matters, and of the over all legislative process, as needed. RPPG has sent more than 80 memos to your team in 2023 which have detailed legislative analyses that illustrate client-specific impacts and/or potential funding sources for the City and which keep it apprised of specific legislation and policies that may be of interest to the City or impact City operations, including but not limited to the following areas:
• State budget, including infrastructure trailer bills. • Constitutional amendments.
• Ballot measures.
• Regulatory actions.
• Transportation and public works.
• Housing, ADUs, land use, and homelessness.
• Public employer-employee relations and conditions.
• Potential state and federal grant opportunities.

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In 2023, RPPG has conducted bi- weekly Zoom meetings with the City to keep it updated on what is happening in Sacramento. We call these check -in meetings the “bookends”; in between these meetings, our team connects with City staff almost daily via calls and emails. We have also presented slide decks to staff and Council, as needed, on legislative developments and on the City’s engagement in the legislative process.

RPPG has also provided the City with a legislative summary each month which informs the City Council and staff of key developments in the Legislature and of announcements by the Administration, and which updates the City on any positioned legislation. Additionally, our team has provided Monthly Activity Reports, which detail every touchpoint RPPG has had with and on behalf of the City. These reports highlight work product, including:
• One-on-one “deep dive” meetings with City department heads. • Providing opportunities for the City to establish and maintain relationships with members of the Administration and its legislative delegation as well as lawmakers across California.

Other RPPG Efforts

At RPPG, the job does not begin and end with state legislative advocacy. We worked tirelessly throughout this year to assist the City of Foster City in any way we were able. This includes helping to solve local issues that have a state nexus, working with City staff on new policies of relevance, and providing education and awareness to City Council and staff.

Revisiting the City of Foster City’s Legislative Platform: The legislative platform is a set of guiding principles that reflects the overarching ideals and vision of the Council. This document is critical in an overall legislative advocacy program as it provides broad policy statements that enable the City and its legislative advocacy firm to sift through the thousands of legislative proposals introduced each legislative session. Having a solidified legislative platform will enable to City to establish an effective gameplan at the start of each legislative year.

This year, our team met with each individual councilmember to solicit feedback and input into the document. RPPG, along with city staff made wholesale changes to the proposed platform . Our team co- led an informational hearing in November of 2023 to allow council to revi se and further evaluate specific direction of the platform. After a robust discussion and further council direction, City staff believes that council will formally adopt its first legislative platform later this year.

Detailed Legislative Analysis: RPPG provided detailed analyses of several pieces of legislation. These analyses have been critical in helping the City assess potential implications that pending legislation may have on operations, local discretion, and/or authority. Examples include but are not limited to:
• Standalone analysis of ACA 1 (Aguiar-Curry)
• Standalone analysis of ACA 13 (Ward)
• ACA 1 and ACA 13 and Interfacing with the CBRT measure, Combined Analysis • Standalone analysis of the proposed Government Transparency Act • Standalone analysis of Proposition 1: Behavioral Health Infrastructure Bond Act of 2024 • Standalone analysis of AB 309 (Lee)
• Standalone analysis of SB 532 (Wiener)
• Enacted Housing and Transportation Bills
• Summary of Enacted 2023 Surplus Land Act Bills, specifically SB 747 (Caballero), AB 480 (Ting), SB 229 (Umberg), SB 34 (Umberg), AB 129 (Budget Trailer Bill), AB 1734 (Jones-Sawyer), and AB 1469 (Kalra)

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• Update on the status of VLF funds

Updates on the Legislative and Fiscal Process: RPPG provided timely informational updates during critical stages of the budget and policy processes. These updates provided the City with the necessary situational awareness of statewide trends, fiscal updates, what the City is positioned on, and how RPPG is engaging on its behalf. Examples include but are not limited to reports on:
• Bill introduction deadline
• House of Origin deadline
• Suspense file updates
• End of session legislative update
• Budget updates: January proposal, May-Revise, June budget update, and final budget update • Budget Trailer bill update: Governor’s infrastructure package

Client-Specific Webinar on 2023 New Housing Laws: In an effort to provide unique value to the City.

Our team hosted a client-specific “new housing law” webinar on November 9, 2023. The 75-minute session aimed to drive awareness on the most impactful pieces of legislation, provide insight on imp lementation and answer any questions clients may have on a specific issue. Our team also provided a comprehensive power point presentation as well as additional analysis on recent changes to the surplus lands act.

LOOKING AHEAD: 2024 LEGISLATIVE SESSION

Change in Committee Chairs

With one of the most publicly contentious Assembly leadership changes in recent memory, it is a forgone conclusion that there will be major turnover in committee chairs. Upon the official transition, Speaker Rivas made swift changes to empower his closest allies—replacing Speaker Emeritus Rendon’s entire team.

However, given the timing of the transition, committee chairs have mostly stayed in place. As previously mentioned, the only two policy committee chair changes both have big impacts to local agencies with Isaac Bryan, the former Elections chair, elevated to Majority Leader and Cecilia Aguiar -Curry, former Local Government chair, elevated to Assembly Speaker pro Tempore. It is likely we will see major turnover in other committees directly impacting local government including Appropriations, Revenue and Taxation, Transportation, and others. Any such changes could potentially impact the pathway of priority legislation, either by creating new opportunities or further obstacles. It is widely anticipated that committee appointments will be announced sometime this month.

At his inaugural ceremony in the Capitol, Speaker Rivas spoke to tackling the state's housing and homelessness crises, improving public services and infrastructure, and combating climate change as his priorities. At the end of session, the current Chair of the Assembly Labor Committee credited the leadership of Rivas “for making labor legislation a priority and helping position it to pass.” Given the Speaker’s agricultural roots and strong personal lived experiences and ties to the labor movement, we can expect the Speaker to continue to put his power behind these proposals in 2024 and into the future. Just prior to the Assembly adjournment of the 2023 Legislative session, Speaker Rivas indicated 2024 would include a focus on homeowners’ insurance, housing, public safety, homelessness, and the fentanyl crisis. In late October, Speaker Rivas announced
the formation of a new Select Committee on Retail Theft, chaired by Assemblymember Rick Zbur (D, Los Angeles). In the announcement, the Speaker stated his "expectation that the retail theft select committee will act with focus and urgency.”

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We also may see changes to committee chairs in the Senate due to the President pro Tempore change from Senator Atkins to Senator McGuire, who are also similarly ideologically aligned. Senate committees for which turnover is most likely to impact local governments include Governance and Finance, Appropriations, and Judiciary. Although no changes in the Senate have yet been made, we can expect announcements in January after the leadership change becomes official. Given that Senator McGuire’s district is heavily affected by wildfires, it is likely that we will see this continue as a priority for the Legislature.

Looming Budget Deficit

As projected in the final budget released in June 2024 will see continued budgetary problems and likely additional cuts. The Legislature’s non-partisan Legislative Analyst’s Office (LAO) recently released a report estimating that the FY 23- 24 budget solved a $27 billion deficit, which is notably below the $31.5 billion deficit that the budget closed. The LAO attributes this difference to policies that had originally been projected to be included in the FY 23-24 budget but were ultimately not enacted. The LAO had previously projected a $9 billion deficit for the next couple of budget cycles, though these forecasts may change when Governor Newsom releases his FY 24-25 budget proposal in January. It was projected in the May revision of the FY 23 -24 budget that in a recession scenario and depending on the circumstances, general fund revenues could shrink up to $100 billion below current projections through FY 26-27.

For local government, an extended period of state fiscal uncertainty has the potential of cutting both ways.

On the one hand, polices that aim to reduce local authority by mandating a new program have the potential of being held due to the state’s budgetary concerns associated with new state reimbursable mandates. On the other hand, the Legislature has a long history of raiding local budgets to close that gap on its own budgetary challenge. We have already seen the elimination of redevelopment agencies and the redirection of local property taxes to the Educational Revenue Augmentation Fund in order to close state budget gaps.

Local governments need to remain vigilant in aggressively fighting any attempts by the state to reduce local funding formulas, or other longstanding tools that local agencies rely on to provide critical services.

A Slowdown in Housing Legislation…Not so Fast

Over the past four years we have seen well over 120 new housing laws that are designed to increase the production of housing at all income levels. In 2023 alone we saw more than 150 housing-related measures introduced and about half of them were signed into law. Despite these legislative efforts, California has yet to realize the production boom that Governor Newsom has hoped for. Local government planning and land use is often easier for legislators to focus on rather than grappling with the realities of private markets, allocating major funding for subsidized housing, and challenging developers, environmental organizations, and other powerful interest groups. While local governments certainly have a responsibility to set the table and streamline local approval processes, it is arguable that much of this has already been addressed by layers of state laws, including many recently approved laws that local agencies are working diligently to implement.

To that end, an October 13, 2023 LA Times Editorial
, Jason Elliot, the Governor’s Deputy Chief of Staff
and the Administration’s unofficial “Housing Czar”, was quoted saying, “The next challenge is implementing the ambitious housing laws that have been passed over the last seven years. All the pieces are in place.

It is now time for California to put those pieces to work, to permit the housing, to say yes to new housing and to hold local governments accountable for their responsibilities.”

So, will this mean a slowdown in the sheer volume of housing and homelessness -related legislation introduced next year? Likely not. It is expected that we will continue to see measures that aim to further

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bolster oversight and enforcement authority to the Attorney General and the Housing and Community Development Department. Moreover, it is likely that we will see more focus on measures that require local agencies to prioritize infill streamlining that fit within a jurisdiction’s Sustainable Communities Strategy (SCS), resulting in increased heights and densities near transit. Measures such as AB 68 (Ward), which did not advance this year, would have required local governments to demonstrate the necessity for housing growth in suburban areas in order to meet housing mandates. These policies will be a top priority for housing advocates.

Government Transparency Act

Earlier this year, nonprofit Consumer Watchdog proposed a ballot measure that, if passed by voters, would require a considerable increase in both state and local agency responsibility and cost, and would likely result in a high volume of frivolous litigation filed under the California Public Records Act. Titled the “Government Transparency Act”, it is currently in the process of qualifying for the November 2024 ballot.

Due to the severe costs that the requirements of the Act would impose on all public agencies, it is expected to face strong response from the Legislature and the Administration. The measure has until June 28, 2024, to qualify for the November ballot. Should this occur, we have major c oncerns that Legislature may cut a deal with ballot proponents by passing legislation which exempts the state while enacting the same or similar provisions currently being proposed impacting local government. Should a deal be reached, this would happen quickly, and we be in exchange for the proponents withdrawing the measure from the ballot.

Should this happen, local governments are at risk of being left “holding the bag”. We saw a similar process occur in 2018 when the California Business Roundtable pulled its tax measure in exchange for the state banning the ability of local governments to enact local soda taxes for 12 years.

Climate Bond

Given that Governor Newsom balanced the FY 23-24 budget on a future resources bond, and that climate remains a top priority for the Governor and the Legislature, we anticipate such a bond to continue to advance next year and to be put to voters on the November 2024 ballot. The bond authors, currently Assemblymember Eduardo Garcia (D, Coachella) and Senator Ben Allen (D, Malibu), and other stakeholders, are currently aiming for a bond in the $10-12 billion range. Both resources bonds, AB 1567 (Garcia) and SB 867 (Allen), are currently around $15 billion, but the determination of the final amount, what’s included, and which vehicle will carry the final package are all still under deliberation. Administration priorities will play a large role in shaping the end product. The expectation is that legislative leaders may push a bond through the legislative process much faster than usual in January so that stakeholders have ample time for voter outreach to be successful on the ballot. However, starker economic conditions may shape the final outcome and may change the overall debt load that the Governor is willing to endorse at the ballot box. Given the delay in income tax return collections due to IRS filing extensions, the Administration has warned the Governor’s January budget proposal may have to be premised on significantly limited revenue data. Timing of the bonds may be impacted and unable to move as quickly as legislative leaders hope while the state is forced to play catch up on determining updated projections based on final returns.

Wildfire Insurance

Governor Newsom signed an executive order on September 21 which requested that the Insurance Commissioner take regulatory action in the state’s insurance market. That same day, the Insurance Commissioner
announced a package of executive actions “aimed at improving insurance choices and protecting Californians from increasing climate threats while addressing the long-term sustainability of the

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nation’s largest insurance market.” Additionally, on October 9, the Assembly Insurance Committee and the Assembly Select Committee on Wildfire Prevention held an informational hearing on the state of the homeowner insurance market in California. Leaders agreed on the need for mitigation and for insurers to adjust rates based on mitigation efforts that homeowners have taken. However, there was disagreement whether insurance companies were taking an appropriate response to the wildfires. It is likely that this will be a hot topic in 2024, particularly given the new Senate President Pro Tempore, Mike McGuire, has a personal connection to the issue as his district has experienced multiple catastrophic wildfires in recent years. We anticipate we may see legislation in 2024 related to the homeowner insurance market, that may include measures relating to streamlining regulations, incentives for homeowners to t ake mitigation actions, or funding for communities to build additional defensible spaces.

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GRANT WRITING SERVICE: STATUS UPDATE

Over the past year, RPPG’s Grant Services Team has worked with the City of Foster City to provide information on potential grant opportunities, monitor funding cycles, and prepare competitive grant applications in collaboration with staff on behalf of the City.

More information regarding specific funding opportunities being tracked, pending application submittals, and federal earmark awards can be found in the tables below.

Upcoming Funding Opportunities – Indicated Interest & City Priorities

Grant Name Agency Amount Deadline Point of
Contact Notes
Coastal
Conservancy
Grants
Coastal
Conservancy TBD Ongoing Francine
Potential opportunity
to fund additional bay
trail improvements
related to levee
project. Met w/
Coastal Conservancy
and they were
interested in funding
improvements to the
trail. Will revisit
applying when timing
is right for project.

Assistance for
Latest and Zero
Building Energy
Code Adoption
U.S. Dept. of
Energy TBD Late 2024 TBD
Funding to facilitate
adoption and
implementation of
reach codes.

Small-Scale
Water Efficiency
Projects
U.S. BoR Maximum of
$100,000. Fall 2023 TBD
Total project cost
must be $225,000 or
less.

Pre-Disaster
Mitigation
Program
FEMA TBD TBD 2024 Francine
Will need to submit
application for funding
for pump station
retrofits after earmark
is approved.

Community
Policing
Development
U.S. DoJ –
COPS Office
Up to $50,000
for Microgrants TBD 2024 TBD
Potential funding
opportunities to
support City goals for
public safety.

One Bay Area
Grant – Round
4 MTC TBD TBD TBD
Opportunity to work
w/ SMCTA to develop
stronger proposals for
future rounds for

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regional
transportation
funding.

County
Manager
Program Fund
BAAQMD Unspecified Unspecified TBD
Potential funding for
traffic light
synchronization.

Hazard
Mitigation Grant
Program
CalOES No maximum
amount. Ongoing TBD
Potential funding for
lift station generator
replacements.

Grant Proposals Submitted and Pending

Grant Name Agency Amount Submitted Point of
Contact Description
Community
Project Funding Rep. Mullin $1,383,069 3/17/2023 Francine, Marlene
Submitted request for
Lagoon Pump Station
seismic retrofits.

Received update 7/14
that request was
included, but funding
amount was reduced.

Key Stats for Grant Service

Total Amount Awarded:

Total Amount Pending:

N/A
$1,383,069
Total Amount Applied For: $3,485,500

LOOKING AHEAD: 2024 GRANT FUNDING

Over the past several years, we have seen unprecedented levels of discretionary spending at the state and federal levels. However, due to the state budget deficit, trends in state spending will begin to decline.

California faces a $31.7 billion deficit to be addressed through various strategies such as funding delays, triggers, and reductions. Programs involving water conservation, climate action, parks, and libraries have been particularly impacted. Major programs involving transportation, public safety, h ousing, homelessness, and community infrastructure remain stable, and proposed solutions to close the deficit aim to make as little impact on discretionary spending as possible.

In tandem with state spending strategies, funding programs at the federal level, specifically from t he Bipartisan Infrastructure Law (BIL) and the Inflation Reduction Act (IRA) , will help mitigate the budget deficit. Funding for these programs remains stable, but may be impacted by the upcoming 2024 Presidential Election. It remains critically important that local governments prepare themselves to take advantage of these opportunities sooner rather than later.

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RPPG will continue to monitor new developments in the coming year as we look at these potential changes in the grant funding opportunity landscape. However, we encourage all clients to proactively begin considering potential projects that align with these grant programs to prepare for solicitation releases throughout the upcoming year.

Transportation

State Highway Operations and Protection Program

Through the 2023 State Budget, Caltrans will continue delivering over $20 billion in planned state highway repair and rehabilitation projects in the State Highway Operations and Protection Program (SHOPP) over the next five years. SHOPP is a four -year document of projects that is adopted by the California Transportation Commission after holding at least two public hearings and a finding of consistency with the Transportation Asset Management Plan (TAMP). The adopted SHOPP is submitted to the Legislature and the Governor not later than April 1 of each even-numbered year.

• Deadline: 12/7/2023
• More information: https://catc.ca.gov/programs/state-highway-operation-and-protection-program

State Transportation and Improvement Program

STIP supports the implementation of regional Sustainable Community Strategies, as well as interregional travel. STIP is the biennial five-year plan adopted by the California Transportation Commission for future allocations of certain state transportation funds for state highway improvements, intercity rail, and regional highway and transit improvements. Guidelines for the 2024 STIP were released on August 16, 2023.

• Deadline: 12/15/2023
• More information: https://catc.ca.gov/programs/state-transportation-improvement-program

Transit and Intercity Rail Passenger Program

The Intercity Rail Passenger Program helps to reduce highway congestion and automobile fuel consumption while improving air quality and environmental protection by providing leadership in the planning and implementation of a passenger rail transportation system. Funding from this program will be disturbed by the California Transportation Agency through a population- based formula to regional transportation agencies. Informal Draft Guidelines for the program were released on September 1, 2023 and include allocation projections for each regional agency (pg. 4).

*Bay Area Clients Only: The Bay Area will receive nearly $800 million in TIRCP funds, which are likely to be used as matching funds to leverage federal grants for projects like BART Core Capacity and BART to Silicon Valley.

• Funding Cycle: TBD March 2024
• More information: https://calsta.ca.gov/subject-areas/transit-intercity-rail-capital-prog

Bridge Investment Program

The Bipartisan Infrastructure and Jobs Act contains a $36.7 billion appropriation to establish the competitive Bridge Investment Grant Program. Funding will support projects that replace, rehabilitate,

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preserve, or protect one or more bridges on the National Bridge Inventory or projects that replace or rehabilitate culverts for the purpose of improving flood control and improved habitat connectivity for aquatic species.

• Funding Cycle: TBD 2024. NOFA release scheduled for November 2023. • More Information: https://www.fhwa.dot.gov/bridge/bip/

Note: The BIP – Large Bridge Projects application (separate from BIP Planning & Bridge Projects) is due November 27, 2023. This opportunity is for projects over $100 million.

Railroad Crossing Elimination Program

The Railroad Crossing Elimination Program is a competitive grant program created by the Bipartisan Infrastructure and Jobs Act. This program will provide funds for the elimination of hazards at railway - highway crossings. Funding will be available for both Construction Grants and Planning Grants. The Bipartisan Infrastructure and Jobs Act allocates $500 million per fiscal year from FY 22 – FY 26, for a total of $2.5 billion in funding.

• Funding Cycle: TBD 2024. NOFA release scheduled for November 2023. • More Information:
https://railroads.dot.gov/grants-loans/competitive-discretionary-grant- programs/railroad-crossing-elimination-grant-program

Active Transportation Program

The Active Transportation Program (ATP) was created by Senate Bill 99 to increase the proportion of trips accomplished by walking and biking, increase the safety and mobility of non- motorized users, advance efforts of regional agencies to achieve greenhouse gas reduction goals, enhance public health, and provide a broad spectrum of projects to benefit many types of users including disadvantaged communities. This year, the 2023 State Budget allocates $500 million for the next round of funding. Kick-Off meetings for ATP Cycle 7 hav e begun as of August 16, 2023.

• Funding Cycle: Application scheduled to open March 2024 with a due date of June 2024. • More information: https://catc.ca.gov/programs/active-transportation-program

Rebuilding American Infrastructure with Sustainability and Equity (RAISE)

Formerly known as the BUILD or TIGER grant, the RAISE program provides funds for capital investments in surface transportation infrastructure that have a significant local or regional impact. RAISE applications can support either Planning Projects or Capital Projects. Research, demonstration, or pilot projects are only eligible if they will result in long -term, permanent surface transportation infrastructure that has independent utility. The Bipartisan Infrastructure and Jobs Act allocated $7.5 billion in funding for the RAISE Grant Program over five fiscal years.

• Funding Cycle: TBD 2024
• More information: https://www.transportation.gov/RAISEgrants

Infrastructure for Rebuilding America (INFRA)

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The Infrastructure for Rebuilding America (INFRA) grant program awards competitive grants for multimodal freight and highway projects of national or regional significance to improve the safety, efficiency, and reliability of the movement of freight and people in and across rural and urban areas. The Bipartisan Infrastructure and Jobs Act allocated $8 billion in funding for the INFRA Grant Program over the next five fiscal years.

• Funding Cycle: TBD 2024
• More information: https://www.transportation.gov/grants/infra-grants-program

Reconnecting Communities Program

In 2022, the Bipartisan Infrastructure Law created a $1 billion program at the Department of Transportation to reconnect communities divided by transportation infrastructure – particularly historically disadvantaged communities too often nearly destroyed or cut in half by a highway. The Reconnecting Communities Program provides dedicated funding to state, local, metropolitan planning organizations, and Tribal governments for planning, design, demolition, and reconstruction of street grids, parks, or other infrastructure to address these legacy impacts.

• Funding Cycle: TBD – $200 million authorized for FY 24 funding. FY 23 closed on September 28, 2023.
• More information: https://www.transportation.gov/grants/reconnecting-communities

Clean California Local Grant Program

The Clean California Local Grant Program is a competitive statewide program created to beautify and clean up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces.

Projects that can be accessed through the multimodal transportation network are encouraged. The program’s goals are to reduce the amount of waste and debris within public spaces, beautify and improve public spaces, enhance public health, cultural connection, and community placemaking, and advance equity for underserved communities.

• Funding Cycle: TBD 2024. FY 23 closed on May 31, 2023. • More Information: https://cleancalifornia.dot.ca.gov/local-grants/local-grant-program

Safe Streets and Roads for All

The Safe Streets and Roads for All (SS4A) discretionary program provides funding to support local initiatives to prevent death and serious injury on roads and streets, commonly referred to as ‘‘Vision Zero’’ or ‘‘Toward Zero Deaths’’ initiatives. The development and establishment of a Comprehensive Safety Action Plan is a key component of this program. Applications covering several entities are encouraged to apply. To apply for an Implementation Grant, an organization must have in place a Safety Action Plan that satisfies program requirements. The BIL allocates $200 million annually for FY 22-26.

• Funding Cycle: TBD 2024. FY 23 closed on July 10, 2023. • More Information: https://www.transportation.gov/grants/SS4A

PROTECT Program

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The Bipartisan Infrastructure Law provided $8.7 billion in funding to create the Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) discretionary grant program. Most of the funds ($7.3 billion) will be distributed by formula, and the remainder ($1.4 billion) will be distributed by competitive grant. Specifically, the program provides federal funding to projects to help communities address vulnerabilities due to weather, natural disasters, and climate change. The program also provides funds to plan transportation improvements and emergency response strategies to address those vulnerabilities.

• Funding Cycle: TBD Spring 2024. FY 23 closed on August 18, 2023. • More Information: https://dot.ca.gov/programs/local-assistance/fed-and-state-programs/protect

Congested Corridors Programs

The 2023 State Budget allocates over $3.5 billion for congested corridors, state/local partnerships, and trade corridor enhancement projects through 2027- 28. CTC has allocated funding for the following programs: $1.1 billion for the Trade Corridor Enhancement Program (TCEP); $507.4 million for the Solutions for Congested Corridors Program (SCCP); and $142.4 million for the Local Partnership Program (LPP).

TCEP and SCCP are formula funding grants that have been allocated. LPP has a competitive component and will be funding 11 projects that support counties, cities, districts, and regional transportation agencies where voters have approved fees or taxes dedicated solely to transportation.

• Funding Cycle: TBD 2024
• More information: https://catc.ca.gov/programs/sb1/local-partnership-program

Parks and Recreation

Outdoor Equity Grants Program

The 2023 State Budget allocates $25 million for the Outdoor Equity Grants Program, making $50 million available for Round Two funding. This program improves the health and wellness of Californians through new educational and recreational activities, service learning, career pathways, and leadership opportunities that strengthen a connection to the natural world. OEP’s intent is to increase the ability of residents in underserved communities to participate in outdoor experiences within their community, at state parks, and other public lands.

• Deadline: 12/14/2023. Future funding TBD.
• More information: https://www.parks.ca.gov/?page_id=30443

Habitat Conservation Fund

The Habitat Conservation Fund allocates approximately $2 million each year to cities, counties, and districts. Eligible projects include nature interpretation programs to bring urban residents into park and wildlife areas, protection of various plant and animal species, and acquisition and development of wildlife corridors and trails.

• Funding Cycle: Anticipated deadline of June 2025
• More information: https://www.parks.ca.gov/?page_id=21361

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Recreational Trails Program

The Recreational Trails Program (RTP) administered by the Office of Grants and Local Services (OGALS) provides funds annually to develop non-motorized recreational trails and trails-related facilities. The 2023 State Budget allocates $25 million to this program for future funding cycles.

• Funding Cycle: Anticipated deadline of July 2025
• More information: https://www.parks.ca.gov/?page_id=24324

Statewide Parks Program

Statewide Park Program (SPP) competitive grants will create new parks and new recreation opportunities in critically underserved communities across California. The 2023 State Budget allocated $53.5 million for future rounds of funding. Note: the FY 23 Round 5 cycle was cancelled due to the budget deficit.

• Funding Cycle: TBD 2024
• More information: https://www.parks.ca.gov/?page_id=29939

Urban and Community Forestry Program (Inflation Reduction Act)

The U.S. Forest Service’s Urban and Community Forestry Program supports urban tree- planting, urban forest planning and management, and related activities, particularly in disadvantaged communities.

• Funding Cycle: TBD 2024. FY 23 closed on June 1, 2023. • More information: https://www.fs.usda.gov/managing-land/urban-forests/ucf

Fire Response and Wildfire Mitigation

Wildfire Prevention Grants Program

The Wildfire Prevention Grants Program provides funding for fire prevention projects and activities in and near fire threatened communities. Funded activities include hazardous fuels reduction, wildfire prevention planning, and wildfire prevention education with an emphasis on improving public health and safety while reducing greenhouse gas emissions.

• Funding Cycle: 1/10/2024
• More Information: https://www.fire.ca.gov/grants/wildfire-prevention/

Community Wildfire Defense Grant

The purpose of the Community Wildfire Defense Grant is to assist at -risk local communities and Indian Tribes with planning for and mitigating against the risk created by wildfire. There are two primary project types for which the grant provides funding: The development and revising of Community Wildfire Protection Plans (CWPP), and the implementation of projects described in a CWPP that is less than ten years old.

The program prioritizes at-risk communities that are in an area identified as having high or very high wildfire hazard potential, are low-income, and/or have been impacted by a severe disaster. This program is funded by the Bipartisan Infrastructure Law.

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• Funding Cycle: TBD 2024. FY 23 applications were due October 31, 2023. • More Information: https://www.fs.usda.gov/managing-land/fire/grants

Assistance to Firefighters Grant

The Assistance to Firefighters Grant (AFG) focuses on enhancing the safety of the public and firefighters with respect to fire and fire- related hazards. Agencies can submit applications under three designations:

Operations and Safety, Vehicle Acquisition, or Regional Projects. For Operations and Safety applications, agencies may voluntarily designate their proposal as a “Micro Grant” (no more than $50,000). A mainstay of the annual competitive grant cycle, FEMA typically releases AFG applications in the early Winter.

• Funding Cycle: Anticipated release Q1 2024.
• More Information: https://www.fema.gov/grants/preparedness/firefighters

Staffing for Adequate Fire Emergency Response (SAFER)

The Staffing for Fire and Emergency Response (SAFER) Grant program provides funding directly to fire departments and volunteer firefighter interest organizations to assist in increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hour staffing to provide adequate fire protection from fire and fire- related hazards, and to fulfill traditional missions of fire departments. The SAFER grants are typically available in the early Winter, after the AFG.

• Funding Cycle: Anticipated release Q1 2024.
• More Information: https://www.fema.gov/grants/preparedness/firefighters/safer

Fire Prevention and Safety Grant Program (FP&S)

The Fire Prevention and Safety Grant Program (FP&S) provides financial assistance for fire prevention programs and programs that support firefighter health and safety research and development.

Organizations can apply under one of two categories: Fire Prevention and Safety or Research and Development.

• Funding Cycle: TBD 2024. FY 23 closed on March 31, 2023. • More Information: https://www.fema.gov/grants/preparedness/firefighters/safety-awards

Housing and Homelessness

Infill Infrastructure Grant Program (IIG)

The Infill Infrastructure Grant (IIG) program’s primary objective is to promote infill housing development by providing financial assistance for Capital Improvement Projects that are an integral part of or necessary to facilitate the development of a Qualifying Infill Project or a Qualifying Infill Area. All applications must include a Qualifying Infill Project. This program is part of the Multifamily Finance Super NOFA published by CalHCD.

• Deadline: Tentative deadline July 2024.

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• More Information: https://www.hcd.ca.gov/grants-and-funding/programs-active/infill- infrastructure-grant

Multifamily Housing Program

This program supports low-interest, long-term deferred-payment loans for new construction, rehabilitation, and preservation of permanent and transitional rental housing for lower -income households. The 2023 State Budget allocated $100 million for future rounds of funding.

• Deadline: Tentative deadline July 2024.
• More information: https://www.hcd.ca.gov/grants-and -funding/programs-active/multifamily- housing-program

Veterans Housing and Homelessness Prevention Program (VHHP)

VHHP provides loans to support affordable multifamily housing for veterans and their families. Applicants must demonstrate clear market demand for the proposed project and target population. VHHP loans have an initial term of 55 years or longer. Projects cannot use funds from multiple CalHCD grant or loan programs to support development. This program is part of the Multifamily Finance Super NOFA published by CalHCD.

• Deadline: Tentative deadline July 2024.
• More Information: https://www.hcd.ca.gov/grants-and-funding/programs-active/veterans- housing-and-homelessness-prevention

Farmworker Housing Grant Program (FWHG)

The Farmworker Housing Grant Program (FWHG) finances the new construction, rehabilitation, and acquisition of owner -occupied and rental units for agricultural workers, with a priority for lower income households through deferred-payment loans. New Construction or Rehabilitation Loans: Lien restrictions for assisted units are required for 55 years. Loans may be made in conjunction with low-income tax credit financing. This program is part of the Multifamily Finance Super NOFA published by CalHCD.

• Deadline: Tentative deadline July 2024.
• More Information:
https://www.hcd.ca.gov/grants-and-funding/programs-active/joe-serna-jr- farmworker-housing-grant

Homeless Housing, Assistance and Prevention (HHAP) Grant Program

HHAP provides flexible funding to local jurisdictions to continue efforts to end and prevent homelessness in their communities . HHAP is a formula-based grant using point- in-time counts provided by each jurisdiction. These funds will be contingent on local jurisdictions developing regionally coordinated homelessness action plans.

Note: AB 129, known as the Housing and Homeless trailer bill , makes significant changes to the HHAP program, including new requirements for regional coordination, comprehensive plan development, and identification of roles and responsibilities. The bill language can be found here.

• Deadline: 3/27/2024

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• More information: https://bcsh.ca.gov/calich/hhap_program.html

Encampment Resolution Grants

Encampment Resolution Grants are awarded on a competitive basis to counties, cities of any size, and Continuums of Care to assist in moving persons from homeless encampments into safe and stable housing. These competitive grants were first available in 2021 and have so far provided over $350 million in one-time General Fund to local jurisdictions. The 2023 State Budget allocated $400 million for future funding rounds.

• Funding Cycle: TBD 2024
• More information: https://bcsh.ca.gov/calich/erf_program.html

Project Homekey 4.0

Project Homekey provides funding to rapidly sustain and expand the inventory of housing for people experiencing homelessness or at risk of homelessness. Homekey is an opportunity for local public agencies to purchase motels and a broad range of other housing types to increase their community's capacity to respond to homelessness.

• Funding Cycle: TBD 2024. FY 23 closed on July 28, 2023. • More Information: https://www.hcd.ca.gov/grants-and-funding/homekey

Affordable Housing and Sustainable Communities (AHSC)

The AHSC Program is designed to implement GHG emissions reductions through a reduction of vehicle miles travelled (VMT), or fewer and shorter auto- trips. The AHSC Program will fund integrated land use and transportation projects supporting low -carbon transportation options. Promoting mode shift to low - carbon transportation will require strategies that link residential areas, major employment centers and other Key Destinations to accessible, reliable, affordable, safe, and comfortable transit, and active transportation options.

• Deadline: NOFA scheduled for release in January 2024. Applications due March 2024. • More Information: https://sgc.ca.gov/programs/ahsc/

Sustainability and Climate Adaptation

Zero-Emission Vehicle Transit Funding

The 2023 State Budget includes a $1.1 billion appropriation to the new Zero- Emission Transit Capital Program to be distributed through 2026. Zero-emission transit equipment, transit facility and network improvement projects such as those that support replacing aging vehicle fleets with Zero- Emission Vehicles (ZEVs), and associated fueling or charging infrastructure or facility modifications, are eligible projects. ZEVs include heavy- and light-rail vehicles, buses, and other ZEVs used for transit service.

Funding from this program will be disturbed by the California Transportation Agency through a population- based formula to regional transportation agencies. Informal Draft Guidelines for the program were released on September 1, 2023 and include allocation projections for each regional agency (pg. 4).

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*Bay Area Clients Only: The Bay Area will receive $400 million in funding under the new Zero- Emission Transit Capital (ZETC) Program.

• Deadline: 12/31/2023
• More information: https://calsta.ca.gov/subject-areas/transit-intercity-rail-capital-prog

Climate Pollution Reduction Grants

The Inflation Reduction Act provides $5 billion in funding to provide grants for developing plans to reduce GHG air pollution and implement projects identified in qualifying GHG air pollution reduction plans. As such, Implementation Grants are open to entities that received planning grants to develop Priority Climate Action Plans (PCAPs) under phase 1 of the CPRG program, as well as entities that did not directly receive a planning grant that are applying for funds to implement measures included in an applicable PCAP.

• Deadline: 4/1/2024
• More information: https://www.epa.gov/inflation-reduction-act/climate-pollution-reduction-grants

Adaptation Planning Grant Program

The Adaptation Planning Grant Program (APGP) will provide $25 million to help fill local, regional, and tribal planning needs, provide communities the resources to identify climate resilience priorities, and support the development of a pipeline of climate resilient infrastructure projects across the state.

• Funding Cycle: TBD Winter 2023. FY closed on March 31, 2023. • More Information: https://www.opr.ca.gov/climate/icarp/grants/adaptation-planning-grant.html

Urban and Community Forestry Program (CAL FIRE)

The Urban and Community Forestry Program provides funding for projects that reduce greenhouse gas emissions and improve functionality of urban forests, arrest the decline of urban forest resources, address climate change resilience, improve the quality of the environment in urban areas, and optimize co-benefits to urban residents.

• Funding Cycle: TBD 2024.
• More Information: https://www.fire.ca.gov/grants/urban-and-community-forestry-grant-programs/

Charging and Fueling Infrastructure Grants

The Bipartisan Infrastructure Law creates a new competitive grant program to strategically deploy publicly accessible electric vehicle charging infrastructure and other alternative fueling infrastructure along designated alternative fuel corridors. The Charging and Fueling Infrastructure Grants is composed of two categories: Community Charging and Corridor Charging. The Community Charging Grant can be used to install electric vehicle charging and alternative fuel in locations on public roads, schools, parks , and in publicly accessible parking facilities. The Corridor Charging Grant will be used to Deploy electric vehicle charging and hydrogen/propane/natural gas fueling infrastructure along designated alternative fuel corridors and in communities.

• Funding Cycle: TBD 2024. FY 23 closed on June 13, 2023. • More Information: https://www.fhwa.dot.gov/environment/cfi/

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27 City of Foster City 2023 End of Year Report

Low or No Emission Transit Vehicle Program

The purpose of the Low -No Program, funded through the Bipartisan Infrastructure Law, is to support the transition of the nation’s transit fleet to the lowest polluting and most energy efficient transit vehicles. The Low-No Program provides funding to state and local governmental authorities for the purchase or lease of zero-emission and low-emission transit buses, including acquisition, construction, and leasing of required supporting facilities.

• Funding Cycle: TBD 2024
• More Information: https://www.transit.dot.gov/lowno

Assistance for the Latest and Zero Building Energy Code Adoption

The Inflation Reduction Act provides $670 million in grants for states and local governments to adopt building codes that meet or exceed zero energy provisions in the 2021 International Energy Conservation Code or an equivalent stretch code.

• Deadline: TBD 2024
• More information:
https://www.energy.gov/scep/technical-assistance-adoption-building-energy- codes

Clean Heavy-Duty Vehicles Program

The Inflation Reduction Act invests $1 billion to replace dirty heavy-duty vehicles with clean, zero-emission vehicles, support zero-emission vehicle infrastructure, and to train and develop workers.

• Funding Cycle: TBD 2024
• More information: https://www.epa.gov/inflation-reduction-act/clean-heavy-duty-vehicle-program

Water Quality and Conservation

Drought Resiliency Project (DRP)

The Drought Resiliency Projects (DRP) program supports projects that build long-term resilience to drought and reduce the need for emergency response actions. These projects are generally in the final design stage—environmental and cultural resources compliance may have been initiated, and the non- federal funding, necessary permits, and other required approvals have been secured. This is an annual funding competition from the U.S. Bureau of Reclamation.

• Deadline: TBD 2024
• More Information: https://www.usbr.gov/drought/

Water Reclamation and Reuse Program (WRRP)

Through the Water Reclamation and Reuse Program (WRRP), known also as the Title XVI program, the U.S. Bureau of Reclamation identifies and investigates opportunities to reclaim and reuse wastewaters and impaired ground and surface water in the 17 Western States and Hawaii. Title XVI includes funding

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for the planning, design, and construction of water recycling and reuse projects in partnership with local government entities.

• Deadline: Two submission deadlines: 12/7/2023 and 9/30/2024. • More Information: https://www.usbr.gov/watersmart/title/

WaterSMART Planning and Project Design Grants

Through Planning and Project Design Grants, Reclamation provides funding for collaborative planning and design projects to support water management improvements. This includes funding for: (1) Water Strategy Grants to conduct planning activities to improve water supplies (e.g., water supplies to disadvantaged communities that do not have reliable access to water, water marketing, water conservation, drought resilience, and ecological resilience); (2) Project Design Grants to conduct project -specific design for projects to improve water management; and (3) comprehensive Drought Contingency Plans.

• Deadline: 4/2/2024
• More information:
https://www.grants.gov/web/grants/view-opportunity.html?oppId=349785

Water and Energy Efficiency Grant (WEEG)

The Water and Energy Efficiency Grants (WEEG) program provides funding for projects that result in quantifiable water savings, implement renewable energy components, and support broader sustainability benefits. These projects conserve and use water more efficiently, increase the production of renewable energy, mitigate conflict risk in areas at high risk of future water conflict, and accomplish other benefits that contribute to sustainability in the western United States.

• Funding Cycle: TBD 2024. FY 23 awards were announced on April 28, 2023. • More Information: https://www.usbr.gov/watersmart/weeg/

Small-Scale Water Efficiency Projects (SWEP)

Through the WaterSMART Small-Scale Water Efficiency Projects Reclamation provides 50/50 cost share funding to irrigation and water districts, tribes, states and other entities with water or power delivery authority for small water efficiency improvements that have been identified through previous planning efforts. Projects eligible for funding include installation of flow measurement or automation in a specific part of a water delivery system, lining of a section of a canal to address seepage, or other similar projects that are limited in scope.

• Deadline: 1/16/2024, 7/9/2024, 1/14/2025, and 7/8/2025 • More Information: https://www.usbr.gov/watersmart/swep/index.html

Economic and Workforce Development

Community Economic Resilience Fund

The Community Economic Resilience Fund (CERF) was created to promote a sustainable and equitable recovery from the economic distress of COVID-19 by supporting new plans and strategies to diversify local economies and develop sustainable industries that create high- quality, broadly accessible jobs for all

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29 City of Foster City 2023 End of Year Report

Californians. CERF funding will be distributed regionally to projects that support the goals of the CERF Regional Plan.

• Funding Cycle: TBD 2024; varies regionally.
• More Information: https://opr.ca.gov/economic-development/

Public Works and Economic Adjustment Assistance (PWEAA)

EDA funds Public Works (PW) projects to meet the construction and/or infrastructure design needs of communities to enable them to become more economically competitive. Economic Adjustment Assistance (EAA) projects should catalyze public -private partnerships to foster collaboration, attract investment, create jobs, and promote economic resiliency and prosperity. Projects must be related to a curr ent Comprehensive Economic Development Strategy (CEDS). All EDA projects should advance bottom -up economic development and prioritize the creation of living wage jobs.

• Funding Cycle: Applications are accepted and approved on an ongoing basis. It is recommended to submit a project prior to 3/15 for consideration for that fiscal year. • More Information: https://www.eda.gov/funding/programs/public-works & https://www.eda.gov/funding/programs/economic-adjustment-assistance

Build to Scale Program (B2S)

EDA’s Office of Innovation and Entrepreneurship (OIE) leads the Build to Scale (B2S) program. Under the Build to Scale program, EDA manages a portfolio of national grant competitions that further increase the capacities of regions to plan and implement ecosystems that support innovators, entrepreneurs, and startups that are growing technology-driven businesses, creating high-skill, high-wage jobs, and building the industries of the future.

• Funding Cycle: TBD 2024. FY 23 closed on July 28, 2023. • More Information: https://www.eda.gov/funding/programs/build-to-scale

High Road Training Partnerships

The 2023 State Budget allocates $45 million to the High Road Training Partnerships (HRTP) program.

Ranging from transportation to health care to hospitality, the HRTP model embodies the sector approach used by the Californica Workforce Development Board — industry partnerships that deliver equity, sustainability, and job quality.

• Deadline: Spring 2024
• More information: https://cwdb.ca.gov/initiatives/high-road-training-partnerships/

California Youth Apprenticeship Grant Program

This program, run by the California Department of Industrial Relations, supports apprenticeship programs for youth between the ages of 16-24 that combine academic and technical classroom instruction with paid work experience through a proven earn-and-learn model.

• Deadline: TBD 2024

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30 City of Foster City 2023 End of Year Report

• More information: https://www.dir.ca.gov/DAS/Grants/California-Y outh-Apprenticeship- Grant.html

Public Safety and Criminal Justice

Local Law Enforcement Gun Buyback Grant Program

$21 million in one- time funding has been allocated to the California Office of Emergency Services (CalOES) for this program. CalOES will be working with local law enforcement agencies to expedite targeted, coordinated gun buybacks in their communities.

• Deadline: TBD 2023
• More information: https://www.bscc.ca.gov/local-law-enforcement-gun-buyback-grant-program/

COPS Hiring Program

The goal of the COPS Hiring Program (CHP) is to provide funding directly to law enforcement agencies to hire and/or rehire additional career law enforcement officers to increase their community policing capacity and crime prevention efforts. Any budget cuts contributing to the need for CHP funding must be unrelated to the receipt of CHP award funds to avoid supplanting.

• Funding Cycle: TBD 2024. FY 23 closed on May 11, 2023. • More Information: https://cops.usdoj.gov/chp

School Violence Prevention Program

The goal of the School Violence Prevention Program (SVPP) is to improve security at schools and on school grounds through the implementation of evidence- based school safety programs and technology.

Funds cannot be used to pay for salaries and benefits of sworn officers or civilian security guards.

• Funding Cycle: TBD 2024. FY 23 closed on May 17, 2023. • More Information: https://cops.usdoj.gov/svpp

Community Policing Development Microgrants Program

Community Policing Development (CPD) Microgrants Program funds are used to develop law enforcement’s capacity to implement community policing strategies by providing funding to local, state, tribal, and territorial law enforcement agencies. When properly applied, community policing improves the identification and prioritization of community problems; builds trust and relationships between law enforcement and the communities they serve; and enables an agency to build a culture toward accountability, transparency, open communication, and mutual trust.

• Funding Cycle: TBD 2024. FY 23 closed on May 11, 2023. • More Information: https://cops.usdoj.gov/cpdmicrogrants

Law Enforcement Mental Health and Wellness Act (LEMHWA) Program

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31 City of Foster City 2023 End of Year Report

The Law Enforcement Mental Health and Wellness Act (LEMHWA) program will fund projects that develop knowledge; increase awareness of effective mental health and wellness strategies; increase the skills and abilities of law enforcement; and increase the number of law enforcement agencies and relevant stakeholders using peer support, training, family resources, suicide prevention, and other promising practices for wellness programs.

• Funding Cycle: TBD 2024. FY 23 closed on April 21, 2023. • More Information: https://cops.usdoj.gov/lemhwa

Community Infrastructure

Building Forward Library Facilities Improvement Program

This equity-based grant program helps pay for capital projects for public library buildings that address critical maintenance needs, improve energy efficiency and sustainability, extend digital access, and expand physical access to library facilities.

• Funding Cycle: TBD 2024. FY 23 closed on May 18, 2023. • More information: https://www.library.ca.gov/grants/buildingforward/

Middle-Mile Broadband Initiative

The 2023 State Budget allocates $300 million for the Middle-Mile Broadband Initiative. This program is the first step to creating an open-access, middle-mile network that will build infrastructure to bring high-speed broadband service to unserved and underserved communities, regardless of technology used, on equal economic and service terms. The program is run by the California Department of Technology (CDT).

• Funding Cycle: TBD 2024
• More information: https://middle-mile-broadband-initiative.cdt.ca.gov/

Hazard Mitigation

Building Resilient Infrastructure and Communities (BRIC)

The Building Resilient Infrastructure and Communities (BRIC) program makes federal funds available for pre-disaster mitigation activities. The program seeks to encourage and enable innovation, promote partnerships, provide a significant opportunity to reduce future losses, and support high- impact investments. Applicants must provide a Benefit-Cost Analysis for infrastructure proposals. Applicants must be covered under an active Local Hazard Mitigation Plan (LHMP) to apply for funding. Project scoping funding can be requested to prepare for a future BRIC implementation grant proposal.

• Funding Cycle: TBD 2024/2025
• More Information:
https://www.caloes.ca.gov/office-of-the-director/operations/recovery- directorate/hazard-mitigation/bric/

Flood Mitigation Assistance (FMA)

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The Flood Mitigation Assistance (FMA) program makes federal funds available to states, U.S. territories, tribal governments, and local communities to reduce or eliminate the risk of repetitive flood damage to buildings and structures insured under the Nati onal Flood Insurance Program (NFIP). Applicants must provide a Benefit-Cost Analysis for infrastructure proposals. Applicants must be covered under an active Local Hazard Mitigation Plan (LHMP) to apply for funding. Project scoping funding can be requested to prepare for a future BRIC implementation grant proposal.

• Funding Cycle: TBD 2024/2025
• More Information: https://www.caloes.ca.gov/office-of-the-director/operations/recovery- directorate/hazard-mitigation/flood-mitigation-assistance/

———————————————— END OF REPORT

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5 3
4 DATE: February 20, 2024

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

FROM: Sofia Mangalam, Community Development Director
Leslie Carmichael, Consultant Planner
DEPARTMENT: Community Development
SUBJECT: LOCAL HOUSING TRUST FUND

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution to establish a Local Housing Trust Fund (LHTF), a special revenue by type, and designate Commercial Linkage Fees and Below Market Rate Housing In-Lieu Fees as dedicated sources of funding for the LHTF.

EXECUTIVE SUMMARY
Establishment of a Local Housing Trust Fund will enable the City to apply for matching funds from the California Department of Housing and Community Development (HCD) LHTF Program. A key qualification is that the LHTF receives ongoing revenues from dedicated sources of funding. Staff recommends establishment of a LHTF with dedicated sources of funding to include Commercial Linkage Fees collected pursuant to Foster City Municipal Code (FCMC) Chapter 17.88 and Below Market Rate Housing In-Lieu Fees collected pursuant to FCMC Chapter 17.90.

BACKGROUND
The 2023-2031 Housing Element includes program H-A-5-c to expand sources of funds for affordable housing programs as follows:

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5 3
4 H-A-5-c Expand Sources of Funds for the City Affordable Housing Fund. Provide the necessary legal framework to be able to accept grants and donations to the City Affordable Housing Fund as a qualified trust fund from County, State, or Federal programs; employers; organizations; and individual donors. Evaluate potential sources of reliable funding for affordable housing programs.

The California Department of Housing and Community Development (HCD) has established a LHTF Program. The LHTF Program Guidelines contain requirements for a LHTF to be eligible to receive matching grants from the state program, including, “The key characteristic of a Local Housing Trust Fund is that it receives Ongoing Revenues from Dedicated Sources of funding sufficient to permit the Local Housing Trust Fund to comply with the requirements of the Program.” The HCD LHTF Program awards LHTF funds to eligible applicants to enhance local housing trust funds by providing a dollar-for- dollar match. The minimum application request by an applicant that is a new LHTF but not a Regional Housing Trust Fund is $500,000. The maximum application request is $5 million. A Notice of Funding Availability (NOFA) for the next round of applications for the LHTF funds is scheduled for March 2024 with applications due in May 2024.

The City has several existing funds related to housing, including:

Fund Title Revenue Sources Restricted Purposes
122 Low- and Moderate-
Income Housing
Fund (LMIHF)
Revenue from assets
of the former
Community
Development Agency,
including loan
repayments and rental
income.

Low- to moderate-income
housing pursuant to
California Health & Safety
Code Section 34176 et.
seq.
124 City Affordable
Housing Fund
Community
Development Agency
“boomerang” funds;
payments related to
Foster Square
Affordable housing
137 Commercial Linkage
Fee Fund
Fees assessed on
new commercial
development per
Chapter 17.88
Provide housing affordable
to very low income, lower
income, and moderate
income households in the
city, 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 affordable housing

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5 3
4 program. (FCMC Section

17.88.060)
Not yet
created
Below market rate
housing in-lieu fee
In-lieu fees assessed
on new residential
development per
Chapter 17.90;
allowed for fractional
unit requirements or
as option for
development of five
(5) to nine (9) units
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.
(FCMC Section

17.90.100.C)
138 Tenant Relocation
Assistance Fund
City housing funds,
contributions from
Essex Property Trust,
and Permanent Local
Housing Allocation
Program (PLHA) funds
Foster’s Landing tenant
relocation assistance
139 Workforce Housing Initial appropriation
from Capital Asset
Acquisition and
Replacement Fund;
Rental income from
22-unit Workforce
Housing
22-unit Workforce Housing
140 Equipment
Replacement Fund -
Workforce Housing
Rental income from
22-unit Workforce
Housing
Equipment replacement at
22-unit Workforce Housing

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5 3
4 604 Successor Agency of
Community
Development
Agency
County reallocation of
tax increment from
redevelopment project
areas
Obligations of the former
Community Development
Agency
Both the Commercial Linkage Fee and the Below Market Rate Housing In-Lieu Fee are designated to be deposited in the City’s affordable housing fund by the ordinances creating the related chapters in the FCMC:
•Commercial Linkage Fee - Section 17.88.060.A: All affordable housing commercial linkage fees or other funds collected under this chapter shall be deposited into the city’s affordable housing fund.
•Below Market Rate Housing In-Lieu Fee - Section 17.90.100.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.

Fund 137 Commercial Linkage Fee was created to be able to track these revenues and expenditures separately for reporting purposes. A separate fund for Below Market Rate Housing In-Lieu Fee revenue has not yet been created because no revenue from this fee has been received.

The potential uses of these fees are restricted as follows:
•Commercial Linkage Fee - Section 17.88.060.B: The monies in the affordable housing fund and all earnings from investment of the monies in the fund shall be expended exclusively to provide housing affordable to very low income, lower income, and moderate income households in the city, 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 affordable housing program.
•Below Market Rate Housing In-Lieu Fee - Section 17.90.100.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.

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4 ANALYSIS
Establishment of a LHTF will enable the City to apply for matching funds from HCD LHTF Program. A key qualification is that the LHTF receives ongoing revenues from dedicated sources of funding. Two existing sources of revenues that are restricted to affordable housing purposes include Commercial Linkage Fees collected pursuant to Foster City Municipal Code (FCMC) Chapter 17.88 and Below Market Rate Housing In- Lieu Fees collected pursuant to FCMC Chapter 17.90. Designating these revenues to the LHTF would satisfy the requirement for “ongoing revenues from dedicated sources of funding.” The existing Fund 137 Commercial Linkage Fee and yet to be established fund to receive Below Market Rate In-Lieu Fees would be considered components (i.e., sub-accounts) of a LHTF. This will allow these revenues to be tracked for required reporting purposes. This is consistent with the language in FCMC Section 17.90.100:

17.90.100 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. (emphasis added)
The available fund balance in Fund 137 is approximately $602,087.92 (as of 12/31/2023). On January 16, 2024, the City Council authorized an application to the County of San Mateo Housing Funds that requires a City match of $76,800 in City staff expense and $135,000 in matching funds. If the City match is allocated from Fund 137, this would leave a balance of approximately $390,287.92.

Potential uses of the LHTF (See Section 100 of LHTF Guidelines) include construction loans or permanent financing for the following:
•development or rehabilitation of affordable rental housing projects •emergency shelters
•permanent supportive housing
•transitional housing
•affordable homebuyer/homeowner projects, including assistance to income- eligible households to purchase for-sale units
•construction, conversion, repair, reconstruction, or rehabilitation of accessory dwelling units (ADUs) or Junior Accessory Dwelling Units (JADUs) The attached draft resolution designates Commercial Linkage Fees and Below Market Rate Housing In-Lieu Fees as dedicated sources of revenue for the City’s LHTF. The

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4 LHTF would also be eligible to receive contributions/allocations from other sources. The resolution also includes adoption of the State’s LHTF Guidelines as the City’s Program Guidelines for the LHTF. This includes requirements for percentages that can be spent on administrative costs and for certain income levels, requirements for protection of program funds, reporting and other requirements.

City staff will return to the City Council for authorization to submit any application(s) for additional funds, such as for the HCD LHTF program.

CEQA
The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378 because establishing a LHTF does not meet CEQA’s definition of a “project” because the action does not have the potential for resulting in either or a direct physical change in the environment or a reasonably foreseeable indirect change in the environment.

FISCAL IMPACT
There is no fiscal impact.

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

Attachment 1 – Resolution
Attachment 1a – Exhibit A to Resolution – 2020 Final Housing Trust Fund Guidelines

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8 3
RESOLUTION NO. ____

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

ESTABLISHING THE CITY OF FOSTER CITY LOCAL HOUSING TRUST FUND

DESIGNATING COMMERCIAL LINKAGE FEES AND BELOW MARKET RATE

HOUSING IN-LIEU FEES AS DEDICATED FUNDING SOURCES FOR THE LOCAL

HOUSING TRUST FUND AND FINDING THE PROJECT EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15378

CITY OF FOSTER CITY
WHEREAS, there exists within the City of Foster City (City) a shortage of decent, safe, and affordable housing such that it is adverse to the health, well-being, and prosperity of the City’s residents as documented in the City’s 2023-2031 Housing Element Update; and
WHEREAS, the City adopted the Foster City 2023-2031 Housing Element Update on May 22, 2023; and
WHEREAS, the 2023-2031 Housing Element Update includes H-A-5-b Local, State and Federal Funding for Affordable Housing to provide the necessary legal framework to be able to accept grants and donations to the City Affordable Housing Fund as a qualified trust fund; and
WHEREAS, the establishment of the City Local Housing Trust Fund (LHTF) would create an opportunity to address the need for decent, safe, and affordable housing within the City through community supported, housing-related programs and activities, including but not limited to programs included in the 2023-2031 Housing Element Update; and WHEREAS, pursuant to Housing Program H-A-5-b, the City wishes to establish a LHTF to be eligible to receive funding from other local, state or federal funding sources that could be used to provide funding for affordable housing; and WHEREAS, the City’s Commercial Linkage Fees and Below Market Rate Housing In-Lieu Fees were created to specifically fund the development and preservation of affordable housing; and
WHEREAS, the City will act as the settlor and manifests an intention to create a trust; and
WHEREAS, the Commercial Linkage Fees and Below Market Rate Housing In- Lieu Fees, which are ongoing revenues as defined by HCD’s LHTF Final 2020 Guidelines, can be the trust property, and can be used as dedicated sources for matching funds of any LHTF grant; and

6.6 Attachment 1 - Resolution

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1 6
8 3
WHEREAS, the LHTF trust will be used for eligible uses of funds as stated in Section 105 of HCD’s LHTF Guidelines as may be amended from time to time; and WHEREAS the City will act as the trustee of the City of Foster City LHTF; and WHEREAS the beneficiaries of the City LHTF will be at the discretion of the trustee and based on eligible uses of funds as stated in Section 105 of HCD’s LHTF 2020 Guidelines as may be amended from time to time, and is attached hereto as Exhibit A; and
WHEREAS, the City Council can allocate funding in the LHTF Trust to be used as eligible funds for grant matching; and
WHEREAS, the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378, in that establishing a LHTF does not meet CEQA’s definition of a “project,” because the action does not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical change in the environment.

NOW, THEREFORE, the City Council of the City of Foster City hereby resolves as follows:

1. Findings. The above recitals are declared to be true and correct and are incorporated into this resolution as findings of the City Council.

2. CEQA Analysis. The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378, in that establishing a LHTF does not meet CEQA’s definition of a “project,” because the action does not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical change in the environment.

3. Local Housing Trust Fund. City staff are authorized to create a City Fund to be designated as the City of Foster City Local Housing Trust Fund (LHTF).

Proceeds in this fund shall be used to address the need for decent, safe, and affordable housing within the City.

4. Program Guidelines. The revenue held within the LHTF shall be expended. according to adopted Program Guidelines, as detailed in Attachment A.

Program Guidelines may be updated by the Community Development Director or their designee as necessary to address changing local housing needs of Multiple Program Guidelines may be adopted to direct expenditures according to the parameters of funding sources. Development of Program Guidelines shall occur through an accessible, community-supported process.

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5. Management. The Community Development Director or their designee shall serve as the Administrator of the LHTF. The responsibilities of the Administrator shall include each of the following:
a. Maintaining all records related to the LHTF.
b. Assisting prospective applicants/recipients requesting LHTF support. c. Coordinating formal agreements with recipients of LHTF d. Monitoring the use of LHTF funds, including oversight to Fund distributions and recipient agreements.
e. Facilitating community input for the development of new or updated Program Guidelines.
f. Providing an Annual Report to the City Council on LHTF activities.

6. Funding. The LHTF shall be funded upon City Council authorization from Fund 137 Commercial Linkage Fees and revenues from Below Market Rate Housing In-Lieu Fees. The LHTF remains eligible to receive allocations from additional sources as they become available.

7. Annual Report. The Planning Manager or their designee shall prepare and submit an annual report to the Council on the activities undertaken with funds from the LHTF in the previous calendar year. The Report shall be publicly accessible.

8. Compliance with Probate Code: Finds that the City of Foster City LHTF was created in compliance with Sections 15200 et. seq. of the California Probate Code as:
a. The City of Foster City will act as the settlor and manifests an intention to create a trust.
b. The City’s Commercial Linkage Fee Funds and Below Market Rate Housing In-Lieu Fee Funds will be the trust property and shall be used as dedicated sources for matching funds of any LHTF grant. c. The LHTF trust will be used for eligible uses of funds as stated in Section 105 of HCD’s LHTF Guidelines as may be amended from time to time.
d. The City of Foster City will act as the trustee of the City of Foster City LHTF.

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e. The beneficiaries of the City of Foster City LHTF will be at the discretion of the trustee and based on eligible uses of funds as stated in Section 105 of HCD’s LHTF 2020 Guidelines as may be amended from time to time, and is attached hereto as Exhibit A.

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 February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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Local Housing Trust Fund Program
Final 2020 Guidelines
State of California
Gavin Newsom, Governor
Lourdes M. Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Douglas R. McCauley, Acting Director
California Department of Housing and Community Development 2020 West El Camino Avenue, Suite 670
Sacramento, CA 95833
Telephone: (916) 263-2771
Website: http://www.hcd.ca.gov
LHTF email: [email protected]
April 2020

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The matters set forth herein are regulatory mandates, and are adopted in accordance with the authorities set forth below:

Quasi-legislative regulations … have the dignity of statutes … [and]…delegation of legislative authority includes the power to elaborate the meaning of key statutory terms…
Ramirez v. Yosemite Water Col, 20 Cal. 4
th 785, 800 (1999)

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Table of Contents
Section 100. Purpose and scope .............................................................................. 1 Section 101. Definitions ............................................................................................ 1 Section 102. Eligible Applicants ................................................................................ 7 Section 103. Funding amount minimums and maximums ......................................... 9 Section 104. Matching Funds requirements ............................................................ 10 Section 105. Eligible uses of funds ......................................................................... 10 Section 106. Application process ............................................................................ 11 Section 107. Protection of Program Funds ............................................................. 13 Section 108. Program Grantee responsibilities ....................................................... 14 Section 109. Encumbrance deadline and application repayment ............................ 14 Section 110. Legal documents ................................................................................ 15 Section 111. Cancellation and termination .............................................................. 15 Section 112. Reporting ........................................................................................... 16

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INTRODUCTION
Health and Safety Code (HSC) Section 50843.5 authorizes the California Department of Housing and Community Development (Department) to provide matching grants to Local Housing Trust Funds established by cities and counties, Native American Tribes, and/or incorporated 501(c)(3) nonprofit organizations. Funds may be used for construction loans and/or permanent financing loans to pay for predevelopment costs, acquisition costs, and other costs associated with development or rehabilitation of Affordable rental housing projects, Emergency Shelters, Permanent Supportive Housing, Transitional Housing, or Affordable homebuyer/homeowner projects, including assistance to income-eligible households to purchase for-sale units. Funds may also be used for the construction, conversion, repair, reconstruction or rehabilitation of Accessory Dwelling Units or Junior Accessory Dwelling Units.

The Department’s objective is to expand sources of funding for housing, and to expand the supply of Affordable housing through the creation of new Local Housing Trust Funds, and to support the on-going operation of existing Local Housing Trust Funds.

A Notice of Funding Availability (NOFA) will be released as funds are available.

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Section 100. Purpose and scope
(a) These Guidelines implement, interpret, and make specific Health and Safety Code (HSC) Sections 50842.1, 50842.2, 50843.5 and Section 54006(f), which govern the Local Housing Trust Fund Program (LHTF or LHTF Program). The principal goal of the LHTF Program is to expand sources of funding for housing through the creation of new Local Housing Trust Funds and to support existing Local Housing Trust Funds. Under the LHTF Program, the California Department of Housing and Community Development (Department) provides matching grants to eligible Applicants that have a Local Housing Trust Fund. LHTF Program Funds shall be used to make construction loans and/or permanent financing loans to pay for predevelopment costs, acquisition costs, and other costs associated with development or rehabilitation of Affordable rental housing projects, Emergency Shelters, Permanent Supportive Housing, Transitional Housing, and Affordable homebuyer/homeowner projects, including assistance to income-eligible households to purchase for-sale units. Funds may also be used for the construction, conversion, repair, reconstruction, or rehabilitation of Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Units (JADUs). (b) Proposition 1 of 2018 granted the Department authority to implement the LHTF Program through Guidelines.
(c) These Guidelines establish terms, conditions, and procedures for Applicants to submit applications to the Department for grants from the LHTF Program and for funds awarded under the LHTF Program.

Note: Authority cited: HSC Section 54014 subdivision (b). Reference cited: HSC Sections 50842.2 and 50843.5.

Section 101. Definitions
The following definitions govern the use of the terms below in this subchapter:
(a) “Accessory Dwelling Unit (ADU) means a dwelling unit, which is attached, detached, or located within the living area of the existing dwelling or residential dwelling unit and provides complete independent living facilities for one or more persons pursuant to Government Code (GC) Section 65852.2 and 65852.22. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An ADU also includes an efficiency unit, as defined in HSC Section 17958.1, or a manufactured home, as defined in HSC Section 18007. ADUs must be restricted to occupancy by households with incomes of no more than 120 percent of AMI at an Affordable rent for a minimum of 10 years.

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(b) “Affordable” means a housing unit that satisfies at least one of the following criteria:
(1) If the unit is being rented to Lower-Income, Very Low-Income or Extremely Low-Income Households, it complies with Section 7312(a) of the Multifamily Housing Program guidelines;
(2) If the unit is being sold, it is offered at an “Affordable housing cost”, as defined in HSC Section 50052.5; or
(3) If the unit is being rented to Moderate-Income Households, it is available at a gross rent, including a utility allowance, that does not exceed 30 percent of the applicable income-eligibility level, and complies with the definition of Moderate-Income in these guidelines.
(c) “Applicant” means one of the following:
(1) A local government or local governments which have created a Local or Regional Housing Trust Fund to receive specific revenue to address local housing needs.
(2) A Native American Tribe or Tribes which have created a Local or Regional Housing Trust Fund to receive specific revenue to address local housing needs.
(3) A nonprofit Local or Regional Housing Trust Fund incorporated under Section 501(c)(3) of the Internal Revenue Code to receive specific public, or public and private, sources of revenue to address local housing needs. (d) “Area Median Income” or “AMI” means the most recent applicable county median family income published by the Department, available at the HCD website ,
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-income- limits.shtml.
(e) “Dedicated Source” means taxes, fees, and loan repayments consistent with Section 104(c), and/or public or private contributions that will provide Ongoing Revenues to the Local Housing Trust Fund sufficient to meet the requirements of the LHTF Program. Dedicated Source does not include lines of credit or loans obtained by the Trust Fund.
(f) “Department” means the California Department of Housing and Community Development.
(g) “Eligible Project” means any of the following:
(1) Rental housing projects including Permanent Supportive Housing. The affordability of all units assisted by Program Funds shall be income and rent restricted for not less than 55 years;

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(2) Emergency Shelters and Transitional Housing, with a required minimum term of 15 years;
(3) Homeownership Projects or Units Within a Homeownership Project, consisting of homebuyer assistance and rehabilitation of homes owned by income-eligible owner-occupants. Homebuyer and owner-occupied rehabilitation activities may include construction, conversion, or rehabilitation of ADUs or JADUs, as defined in this section; or
(4) Construction, conversion, or rehabilitation of ADUs or JADUs without an Eligible Homeownership Project, consisting of a loan to a homeowner to build, convert, or rehabilitate an ADU or JADU, as defined in this section. (h) “Emergency Shelter” means the same as in 24 CFR 576.2. (i) “Existing Local Housing Trust Fund” is a Local Housing Trust Fund organized, funded, and operated more than 12 months prior to the date the Notice of Funding Availability (NOFA) is issued.
(j) “Extremely Low Income” has the meaning set forth in HSC Section 50106, which is a maximum of 30 percent of AMI. Grantees shall utilize income limits issued by the Department available on the HCD website, http://www.hcd.ca.gov/grants- funding/income-limits/state-and-federal-income-limits.shtml. (k) “First-time Homebuyer” means an individual, or individuals, or an individual and his or her spouse, who are in the process of buying a dwelling with the intent to occupy the home as a principal place of residence, and who have not owned a home during the three-year period before the purchase of a home with Program Funds, except that the following individual or individuals may not be excluded from consideration as a First-time Homebuyer under this definition:
(1) A displaced homemaker who, while a homemaker, owned a home with his or her spouse or resided in a home owned by the spouse. A displaced homemaker is an adult who has not, within the preceding two years, worked on a full-time basis as a member of the labor force for a consecutive twelve- month period, and who has been unemployed or underemployed, experienced difficulty in obtaining or upgrading employment, and worked primarily without remuneration to care for his or her home and family; (2) A single parent who, while married, owned a home with his or her spouse or resided in a home owned by his or her spouse. A single parent is an individual who is unmarried or legally separated from his or her spouse, and has one or more minor children for whom the individual has custody or joint custody, or is pregnant; or

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(3) An individual or individuals who owns or owned, as a principal residence during the three-year period before the purchase of a home with Program Funds, a dwelling unit whose structure is:
(A) No t permanently affixed to a permanent foundation in accordance with local or state regulations; or
(B) No t in compliance with state, local, or model building codes and cannot be brought into complianc e with such codes for less than the cost of constructing a permanent structure.
(l) “Grantee” means an entity that has received an award of LHTF Program Funds. (m) “Homeownership Project or Units Within a Homeownership Project” means Eligible Projects that use Program Funds to assist First-time Homebuyers in the acquisition or construction of dwellings, or to assist in rehabilitation of owner- occupied housing units in which the homeowner has an ownership interest sufficient to comply with HSC Section 50843.5(d)(3), including the construction, conversion, repair, reconstruction or rehabilitation of ADUs or JADUs.

Homeowner transactions shall comply with the resale requirements set forth in HSC Section 50843.5(d)(3) for a period of 30 years from the date that Program Funds are used to acquire, construct, or rehabilitate the property. (n) “Junior Accessory Dwelling Units” (“JADUs”) shall have the same meaning as defined by GC Section 65852.22(g)(1). JADUs must be restricted to occupancy by households with incomes of no more than 120 percent of AMI at an Affordable Rent for a minimum of 10 years.
(o) “Legally-Binding Commitment” means a fully-executed commitment letter or a fully-executed contract to provide Matching Funds, specifying the source(s) of the Matching Funds, the amount of Matching Funds from each source, the date upon which the funds will be deposited into the Local Housing Trust Fund or Regional Housing Trust Fund account, and remedies for not depositing the Matching Funds on that date.
(p) “Local Housing Trust Fund” is a public, joint public and private, or charitable nonprofit organization organized under Section 501(c)(3) of the Internal Revenue Code, which was established by legislation, ordinance, resolution (including nonprofit articles of incorporation), or a public-private partnership organized to receive specific public, or public and private, revenue to address local housing needs. The key characteristic of a Local Housing Trust Fund is that it receives Ongoing Revenues from Dedicated Sources of funding sufficient to permit the Local Housing Trust Fund to comply with the requirements of the Program. (q) “Local Impact Fees” are impact fees, mitigation fees, or capital facility fees imposed on development projects by municipalities, county agencies, or other jurisdictions such as utility districts, school districts, water agencies, and resource conservation districts. Local Impact Fees may include fees for residential or

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commercial development (in lieu of building affordable housing), parks and recreation, schools, traffic, street and signals, law enforcement facilities, fire facilities, library facilities, water facilities, waste water treatment, waste water collection, drainage facilities, community development, general facilities, public facilities, governmental facilities, environmental facilities, and facilities assessments.
(r) “Lower-Income Households” has the meaning set forth in HSC Section 50079.5, which states that Lower-Income Households are persons and families with a maximum income of 80 percent of AMI. Grantees shall utilize income limits issued by the Department available at the HCD website,
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-income- limits.shtml.
(s) “Matching Funds” shall mean available funds meeting the requirements of Section 104.
(t) “Moderate-Income Households” has the meaning set forth in Health & Safety Code Section 50093, which states that Moderate-Income Households are persons and families with a maximum income of 120 percent of AMI. Grantees shall utilize income limits issued by the Department available at the HCD website, http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal- income-limits.shtml.
(u) “Native American Lands” means real property located within the State of California, which is trust land for which the United States holds title to the tract, or interest in trust, for the benefit of one or more Native American Tribes or individual Native Americans, or is restricted Native American land for which one or more Native American Tribes or individual Native Americans holds fee title to the tract or interest, but can alienate or encumber it only with the approval of the United States. Native American Lands may be leased for housing development and residential purposes under federal law.
(v) “Native American Tribe or Tribes” means any duly constituted governing body of a Native American reservation or rancheria, or a tribally designated housing entity, as defined in Section 4103 of Title 25 of the United States Code and Section 50104.6.5.
(w) “New Local Housing Trust Fund” is a Local Housing Trust Fund that was organized, funded, and operated no more than 12 months prior to the Round 1 NOFA release date, or, for Round 2 and beyond, no more than 12 months prior to the NOFA release date, or created since the last NOFA was issued (whichever is longer). If a trust fund has ever previously received an award, it will not be considered “new”. If a “New Local Housing Trust Fund” submits an application within the time frames required, and passes threshold for that funding round but does not score highly enough to receive an award, it shall be permitted to apply in the next funding round as a “New Local Housing Trust Fund.” This exception

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will be true even if timing between NOFAs would otherwise cause a “New Local Housing Trust Fund” to be timed out and no longer considered “new” based on the date of its creation. If the trust fund still does not score highly enough the second time, it will no longer be able to apply as a “new” trust fund in any subsequent funding rounds.
(x) “NOFA” means a Notice of Funding Availability issued by the Department to announce the availability of Program Funds, the terms and conditions of awards, and requirements for the submittal of applications.
(y) “On Deposit” means that the local Matching Funds are deposited in the Local Housing Trust Fund. The Department shall not disburse Program Funds until the Matching Funds required for the Eligible Project are On Deposit. In the event that a Trust Fund has sufficient Matching Funds in its account at the NOFA application deadline, but also has Legally-Binding Commitments to deposit additional sufficient Matching Funds prior to disbursement of any Program Funds, the Department may permit the Trust Fund to deploy the original Matching Funds, pending the Department’s approval of the Legally-Binding Commitments to deposit additional sufficient Matching Funds. In no event shall any Program Funds be disbursed until the Matching Funds required for the Eligible Project are On Deposit.
(z) “Ongoing Revenues” means the following:
(1) For an Existing Housing Trust Fund, it means a public or private source, or sources, of revenue totaling at least an average of $100,000 per year for three years after the date of the Program award; and
(2) For a New Housing Trust Fund, it means sufficient public or private sources of revenue to pay for the Trust Fund’s operating costs for a minimum of five years after the date of the Program award.
(3) Ongoing Revenues may not include one-time donations, such as land donations or large bequests.
(aa) “Permanent Supportive Housing” has the same meaning as in HSC Section 50675.14: housing, with no limit on the length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing residents in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Permanent Supportive Housing may include associated facilities if used to provide services to housing residents. Permanent Supportive Housing does not include “health facility” as defined by HSC Section 1250, or any “alcoholism or drug abuse recovery or treatment facility” as defined by HSC Section 11834.02, or “community care facility” as defined in HSC Section 1502, or “mental health rehabilitation centers” as defined in Section 5675 of the Welfare and Institutions Code (WIC), or other residential treatment programs.

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(bb) “Program” or “LHTF Program” means the Local Housing Trust Fund Program authorized by HSC Section 50843.5, as implemented in these Guidelines. (cc) “Program Funds” means the funds provided by the Department to a Local Housing Trust Fund pursuant to these Guidelines.
(dd) “Regional Housing Trust Fund” means a Trust Fund serving two or more jurisdictions if the combined population is more than 1 million people; serving three or more jurisdictions in counties with total populations of 250,000 or less; and serving four or more jurisdictions in counties with total populations of more than 250,000.
(ee) “Transitional Housing” means the same as in 24 CFR 578.3. (ff) “Very Low Income” has the meaning set forth in HSC Section 50105, which is 50 percent of AMI. Grantees shall utilize income limits issued by the Department for Very Low-Income Households for each county available at the HCD website, http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-income- limits.shtml.

Note: Authority cited: HSC Section 54014 subdivision(b). Reference cited: Health and Safety Code Sections 50052.5, 50053, 50079.5, 50081, 50093, 50105, 50106, 50843.5 and 53545.9(c).

Section 102. Eligible Applicants
The following entities shall be eligible to apply for Program Funds:
(a) A city, county, or city and county that has created, funded, and operated an Existing Local Housing Trust Fund, or that has created and funded a New Local Housing Trust Fund.
(1) The trust fund shall have the following characteristics:
(A) It shall utilize a public, or joint public and private, fund established by legislation, ordinance, resolution, or a public-private partnership, to receive specific revenue to address local housing needs. (B) It shall be funded from Ongoing Revenues as required by the definition in Section 101 from Dedicated Sources of funding such as taxes, fees, loan repayments, or public or private contributions. (2) The city or county shall have, at the time of application, a Housing Element that was adopted by the city or county’s governing body and subsequently determined by the Department to be in compliance with state Housing Element law pursuant to GC Section 65585.

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(3) The city or county shall have submitted to the Department the Annual Progress Report required by GC Code Section 65400 for the current or prior year by the application deadline date.
(4) A Local Housing Trust Fund or Regional Housing Trust Fund that was created, funded, and operated by a combination of two or more cities or counties shall, in its application, agree to utilize Program Funds only for Eligible Projects located in cities or counties that have, at the time of application, an adopted Housing Element meeting the requirements of subparagraph (2) above, and for which the Annual Progress Report was submitted for the current or prior year by the application deadline date, as required by subparagraph (3) above.
(b) A charitable nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code that is an Existing Local Housing Trust Fund or a New Local Housing Trust Fund.
(1) The trust fund shall have the following characteristics:
(A) It shall consist of a public, or joint public and private, fund established by legislation, ordinance, resolution, or a public-private partnership, to receive specific revenue to address local housing needs.
(B) It shall be funded from Ongoing Revenues as required by the definition in Section 101 from Dedicated Sources of funding such as taxes, fees, loan repayments, or public or private contributions. (2) The charitable nonprofit organization shall, in its application, agree to utilize Program Funds only for Eligible Projects located in cities and counties that have, at the time of application, an adopted Housing Element that the Department has determined, pursuant to Section 65585 of the GC, to be in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the GC.
(3) The charitable nonprofit organization shall, in its application, agree to utilize Program Funds only for Eligible Projects located in cities and counties that have submitted to the Department the Annual Progress Report required by GC Code 65400 for the current year or prior year by the application deadline date.
(c) A Native American Tribe or Tribes that has or have created, funded, and operated an Existing Local Housing Trust Fund, or that has created and funded a New Local Housing Trust Fund.
(1) The trust fund shall have the following characteristics:

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(A) It shall utilize a public, or joint public and private, fund established by legislation, ordinance, resolution, or a public-private partnership, to receive specific revenue to address local housing needs. (B) It shall be funded from Ongoing Revenues as required by the definition in Section 101 from Dedicated Sources of funding such as taxes, fees, loan repayments, or public or private contributions. (2) The Native American Tribe or Tribes shall, in its application, agree to utilize Program Funds only for Eligible Projects either (A) located on Native American Lands or (B) located in cities and counties that have, at the time of application, an adopted Housing Element that the Department has determined, pursuant to Section 65585 of the GC, to be in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the GC. (3) The Native American Tribe or Tribes shall, in its application, agree to utilize Program Funds only for Eligible Projects either (A) located on Native American Lands or (B) in cities and counties that have submitted to the Department the Annual Progress Report required by GC Code 65400 for the current year or prior year by the application deadline date. (d) An Applicant shall not be eligible to submit an application for funding if the Applicant has not committed at least 40 percent of the Program Funds previously awarded to the Applicant.

Note: Authority cited: HSC Section 54014 subdivision(b). Reference: HSC Sections 50843.5 and 53545.9(c).

Section 103. Funding amount minimums and maximums
(a) The minimum application request by an Applicant that is an Existing Local Housing Trust Fund shall be $1 million.
(b) The minimum application request by an Applicant that is a New Local Housing Trust Fund, but which is not a Regional Housing Trust Fund, shall be $500,000. (c) The minimum application request by an Applicant that is a New Local Housing Trust Fund, which is also a Regional Housing Trust Fund, and which is utilizing Permanent Local Housing Allocation funds as Matching Funds, shall be $750,000;
(d) The maximum application request for all Applicants shall be $5 million.

Note: Authority cited: HSC Section 54014 subdivision(b). Reference: HSC Sections 50843.5(c) and 53545.9(c).

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Section 104. Matching Funds requirements
(a) All Program Funds provided pursuant to this section shall be matched on a dollar for dollar basis with dedicated sources of funding, such as taxes, fees, or loan repayments, or public or private contributions by the Applicant. Lines of credit and loans received by the Local Housing Trust Fund are not eligible sources of Matching Funds.
(b) An application for LHTF funds shall not be considered unless the application contains required documentation of the deposit in the Local Housing Trust Fund of the local Matching Funds, and the identity of the source of Matching Funds, or evidence of a legally binding commitment to deposit the required Matching Funds, and the identity of the source of Matching Funds. (c) Funds restricted for housing use by state or federal law (such as funds from the Home Investment Partnerships Program (“HOME”), the Community Development Block Grant Program (“CDBG”), redevelopment agency low- and moderate- income housing fund set-aside (“LMIHF”) funds, or state housing programs administered by the Department), shall not be considered Matching Funds.

However, Permanent Local Housing Allocation (PLHA) Program funds may be considered Matching Funds for Regional Housing Trust Funds. (d) Matching Funds shall be On Deposit prior to disbursement of Program Funds. (e) Matching Funds must be utilized on a dollar-for-dollar basis for the same Eligible Project for which Program Funds are used, as required by HSC Section 50843.5(c).

Note: Authority cited: HSC Section 54014 subdivision(b). Reference: HSC Sections 50843.5 and 53545.9(c).

Section 105. Eligible uses of funds
(a) Program Funds shall be used by the Grantee to provide construction loans and/or deferred payment permanent financing loans at simple interest rates of no higher than 3 percent per annum, for payment of predevelopment costs, acquisition, construction, or rehabilitation of Eligible Projects. (b) Administrative expenses of up to 5 percent of Program Funds and up to 5 percent of Matching Funds are allowed.
(c) At least 30 percent of the Program Funds, after deducting administrative expense, and the Matching Funds shall be expended on assistance to Extremely Low-Income Households. To comply with this requirement, dwelling units or shelter beds must be Affordable to, and restricted for, Extremely Low-Income Households with household income of no more than 30 percent of AMI.

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(d) No more than 20 percent of the Program Funds, after deducting administrative expense, and the Matching Funds shall be expended on assistance to Moderate- Income Households. To comply with this requirement, dwelling units must be Affordable to, and restricted for, Moderate-Income Households with household income of no more than 120 percent of AMI.
(e) The remaining Program Funds and Matching Funds shall be expended on assistance to Lower-Income Households. To comply with this requirement, dwelling units must be Affordable to, and restricted for, Lower-Income Households with household income of no more than 80 percent of AMI.

Note: Authority cited: HSC Section 54014 subdivision (b). Reference: HSC Sections 50843.5 and 53545.9(c).

Section 106. Application process
(a) The Department shall periodically issue a NOFA that specifies, among other things, the amount of funds available, the terms and conditions of the award of Program Funds, and the application deadline.
(b) For New Local Housing Trust Funds, the Department shall set aside a percentage of the funding made available by each NOFA.
(c) Applications shall be on forms made available by the Department. (d) Applicants must meet the requirements of HSC Section 50843.5 and Section 102 of these Guidelines.
(e) Only complete applications submitted on or before the application deadline stated in the NOFA shall be considered for funding. In order to be considered “complete”, an application must have all of the information requested and provide adequate documentation and information for the Department to determine the Local Housing Trust Fund's eligibility for funding pursuant to HSC Section 50843.5(b) and these Guidelines, and the eligibility of the Project pursuant to HSC Section 50843.5(d) and these Guidelines. The Applicant shall bear the burden of demonstrating compliance with these requirements. If the total amount of funding requested by all Applicants under a NOFA is less than the amount of funding available under the NOFA, the Department may allow an Applicant to submit additional or corrected information to amend an application and make it complete. Such amendments may not include a request for a higher funding amount.
(f) In the event that the amount of funding requested in complete and eligible applications exceeds the funds available, applications shall be evaluated and funded using criteria published in the NOFA, as follows:

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(1) Non-Residential Matching Funds: The extent to which the Applicant provides Matching Funds from sources other than residential local impact fees or in lieu fees.
(2) Deeper Income Targeting: The extent to which the Applicant commits to expend less than 20 percent of its Program Funds and Matching Funds to serve Moderate-Income Households.
(3) Readiness: The extent to which the applicant has completed a first phase funding process for multifamily rental projects and announced on its website the status of each project, including those projects that were approved to submit a final application upon award of Program Funds. (4) Increasing the Supply of Lower-Income Rental Housing: The extent to which the Applicant commits to use Program Funds and Matching Funds for the new construction of rental housing developments Affordable and restricted to households with average incomes of no more than 60 percent of AMI.
(5) Community Need: The percentage of the following factor in the jurisdictions to be served will be compared to the percentage in jurisdictions to be served by other Applicants:
(A) Lower-Income Households paying more than 50 percent of their household income for rent or owner expenses.
(6) Regional Housing Trust Fund Applicants: Applicants that include six jurisdictions (in counties with total populations of 250,000 or less) or eight jurisdictions (in counties with more than 250,000), or that meet the minimum threshold (two jurisdictions with more than one million people, or three jurisdictions in counties with total populations of 250,000 or less, or four jurisdictions in counties with more than 250,000), and include more than 66 percent of the population of the county or counties. (7) Performance: The extent to which Applicants exceed the minimum 40 percent commitment threshold stated in Section 102(d).
(g) Tie Breaker, if needed:
(1) Readiness: The extent to which the application identifies specific multifamily rental projects for which the trust fund has issued Letters of Intent (LOIs) to developers for construction or permanent financing.

Note: Authority cited: HSC Section 54014 subdivision (b). Reference: HSC Sections 50843.5 and 53545.9(c).

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Department of Housing and Community Development Page 13 of 17 Local Housing Trust Fund Program Final Guidelines
Section 107. Protection of Program Funds
(a) In order to protect the Program Funds awarded to a Grantee, the Grantee shall provide the Program Funds in the form of a loan evidenced by a promissory note, the repayment of which shall be secured either by a deed of trust recorded against the title to the real property, or a security interest in the manufactured home being assisted with Program Funds. The promissory note shall contain a special provision that repayment shall be made to the Department in the event that the Grantee is no longer in operation. For Emergency Shelter or Transitional Housing Projects, the loan may be forgivable upon satisfaction of the 15-year minimum regulatory period.
(b) Multifamily rental projects assisted with Program Funds are required to have a recorded Regulatory Agreement setting forth requirements for household income levels and rent restrictions for not less than 55 years for all units assisted by Program Funds.
(c) Where Program Funds are provided in the form of a construction loan, the Grantee and the housing developer shall enter into a development loan agreement setting forth the terms and conditions required to be met prior to closing escrow, which shall include, but not be limited to, requirements for escrow, title insurance, property insurance, compliance with environmental remediation requirements, and other borrower responsibilities. (d) The Grantee shall submit documentation of its loan guidelines and underwriting standards and procedures for review by the Department as part of its Program application.
(e) The Department shall have the right to request copies of documentation of the activities of the Local Housing Trust Fund at any time prior to or after disbursement of Program Funds.
(f) Where Program Funds are used for a Homeownership Project or units within a Homeownership Project, the Grantee shall record a deed restriction in compliance with Health and Safety Code Section 50843.5(d)(3), unless such a deed restriction would conflict with the requirements of law or another public funding source.
(g) Where Program Funds are used to develop or rehabilitate an ADU or JADU apart from home buyer acquisition or rehabilitation of an owner-occupied dwelling, the Grantee shall record a deed restriction in compliance with Health and Safety Code Section 50843.5(d)(3) requiring that the ADU or JADU be restricted to occupancy by households with incomes of no more than 120 percent of AMI at an Affordable Rent for a minimum of 10 years.
(h) Where Program Funds are used to develop or rehabilitate a structure as an Emergency Shelter or Transitional Housing, the Grantee shall record a

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Department of Housing and Community Development Page 14 of 17 Local Housing Trust Fund Program Final Guidelines
Regulatory Agreement with a minimum term of 15 years. Upon satisfactory completion of this regulatory period, the LHTF Program loan is forgivable. (i) Program Funds shall be disbursed only in amounts necessary to fund Eligible Projects identified to receive a loan from the LHTF within a reasonable period of time, as determined by the Department.

Note: Authority cited: HSC Section 54014 subdivision (b). Reference: Sections 50843.5 and 53545.9(c), Health and Safety Code.

Section 108. Program Grantee responsibilities
(a) Grantees are responsible for administering and implementing the Eligible Projects as proposed in their application.
(b) Grantees must continue the operation of the Local Housing Trust Fund for at least five years after the Program Funds award date.
(c) Grantees shall have held, or shall hold, a public hearing to discuss and describe the Eligible Project(s) that will be funded. Nonprofit grantees shall hold one public meeting per year that is open to the public, and a public notice of the meeting shall be posted on the nonprofit’s website at least 10 days prior to the meeting.

This meeting shall be for the purpose of discussing the criteria that will be used to select projects to be funded.

Note: Authority cited: HSC Section 54014 subdivision (b). Reference: Sections 50843.5 and 53545.9(c), Health and Safety Code.

Section 109. Encumbrance deadline and application repayment (a) Any Program Funds not encumbered by a Grantee by a loan commitment to the developer of an Eligible Project within 60 months of the date of the executed state Standard Agreement shall be disencumbered by the Department, and any Program Funds advanced to a Grantee shall promptly be returned to the Department.
(b) Repayments, interest, and fees (except for rental project monitoring fees not exceeding the limits stated in Section 113(b) of the Portfolio Restructuring Guidelines), derived from loans of Program Funds received by a Grantee, shall be retained by the Grantee in the Local Housing Trust Fund to be used for the purposes set forth in these Guidelines.
(c) If a Grantee ceases operations, or Ongoing Revenues cease less than five years from the date of the Program award, all unencumbered Program Funds shall be disencumbered by the Department, and any Program Funds advanced to a

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Department of Housing and Community Development Page 15 of 17 Local Housing Trust Fund Program Final Guidelines
Grantee shall promptly be returned to the Department, and all current and future loan repayments, interest and fees shall be remitted to the Department.

Note: Authority cited: HSC Section 54014 subdivision (b). Reference: Sections 50843.5 and 53545.9(c), Health and Safety Code.

Section 110. Legal documents
Upon the award of Program Funds, the Department shall enter into a Standard Agreement with the Grantee constituting a conditional commitment of funds. The Standard Agreement shall require the Grantee to comply with the requirements and provisions of these Guidelines and HSC Section 50843.5 and shall, in addition, contain the following:
(a) Encumbrance deadlines; project completion deadlines; and agreement termination date.
(b) Grantee contract coordinator.
(c) Disbursement conditions and documentation.
(d) Remedies.
(e) Insurance and inspection requirements.
(f) Record retention and reporting requirements.
(g) Prevailing wage requirements as applicable.

Note: Authority cited: HSC Section 54014 subdivision (b). Reference: Sections 50843.5 and 53545.9(c), Health and Safety Code.

Section 111. Cancellation and termination
(a) In the event that it is determined, at the sole discretion of the Department, that the Grantee is not meeting the terms and conditions of the Standard Agreement, the Department shall issue a notice to stop work. Immediately upon receiving the written notice to stop work, the Grantee shall cease all work under the Standard Agreement. The Department has the sole discretion to determine the Grantee’s compliance with the terms and conditions after issuance of a stop work order, and to deliver a written notice to the Grantee to resume work under this Standard Agreement.
(b) The Department shall terminate the Standard Agreement if the Grantee is not in compliance with these Guidelines or the terms and conditions of the Standard Agreement. At least 30 days prior to the effective date of the termination of the

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Department of Housing and Community Development Page 16 of 17 Local Housing Trust Fund Program Final Guidelines
Standard Agreement, the Department shall provide written notice to the Grantee of its intent to cancel the funding allocation. The notice shall specify the reason for early termination and may permit the Grantee or the Department to cure any deficiency(ies) prior to the early termination date. The Grantee will submit requested documents to the Department within 30 days of the early termination notice.
(c) Failure to meet reporting requirements will result in notice to the Grantee that it must satisfactorily cure any deficiencies within three months of the notice, or it will be ineligible for any additional LHTF award.
(d) The Department may, as it deems appropriate or necessary, request the repayment of funds from a Grantee, or pursue any other remedies available to it by law for failure to comply with these Guidelines and/or the terms and conditions of the Standard Agreement.

NOTE: Authority cited: HSC Section 54014 subdivision (b). Reference: HSC Sections 50843.5 and 53545.9(c).

Section 112. Reporting
Not
later than July 31 of each year a Grantee shall provide to the Department an annual report, in a format specified by the Department, including, but not limited to, the following
information:
(a) A narrative summary of the Local Housing Trust Fund activities including:
(1) Work undertaken or completed in the reporting period, including the number, type and unit count of Eligible Projects receiving Program Funds. (2) Activities planned to be undertaken in the next reporting period. (3) Description of problems encountered in Program implementation; and a description of the solution and when it will be implemented. (4) Description of how problems may impact the ability to complete or fulfill obligations under the Standard Agreement.
(b) Financial summary including:
(1) Amount of Program Funds (by Eligible Project and by activity type) available at the beginning of the reporting period, the amount drawn down to date, amount expended on Eligible Projects restricted to Extremely Low Income Households, amount expended on Eligible Projects restricted to Moderate-Income Households, and the remaining balance.

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Department of Housing and Community Development Page 17 of 17 Local Housing Trust Fund Program Final Guidelines
(2) Documentation of Matching Funds, including the amount by source, expended on each Eligible Project during the reporting period. (3) If requested by the Department, the Grantee shall obtain a report from a qualified, licensed third party that certifies to the amounts of disbursement and identifies the specific Eligible Projects for which the disbursements were made. Such a report is permitted to be a component of the 2 CFR Part 200.512 Single Audit report.
(c) A spreadsheet listing Eligible Projects assisted during the reporting period by unit, including the project name, type of housing (such as multifamily rental housing, homeless shelter, homebuyer new construction project), number of units, income level restricted in each unit, bedroom count of each unit, and amount of Program Funds expended per unit.

Note: Authority cited: HSC Section 54014 subdivision (b). Reference: HSC Sections 50843.5 and 53545.9(c).

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5 4
4 DATE: February 20, 2024

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

FROM: Diane Pitman, Administrative Services Director
Rob Lasky, IT Manager
DEPARTMENT: Administrative Services
SUBJECT: ANNUAL SCOPE OF WORK AND UPDATED MASTER SERVICES AGREEMENT WITH URBAN INSIGHT, INC. FOR WEBSITE
DEVELOPMENT SERVICES FOR CALOPPS.ORG IN AN AMOUNT
NOT TO EXCEED $30,000

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

1. Approval of the Annual Scope of Work with Urban Insight, Inc. for website development services for Calopps.org in an amount not to exceed $30,000; and

2. Approval of an updated Master Services Agreement with Urban Insight, Inc. for website development services for Calopps.org.

EXECUTIVE SUMMARY
Since 2015, City staff has been working with Urban Insight, Inc. (Urban Insight) to develop code for the City-run shared-services website www.calopps.org. Staff is requesting to continue this relationship by extending the Scope of Work through December 2024. In addition, the Master Services Agreement (MSA) with Urban Insight needs to be extended to a fourth year which requires City Council approval to comply with the City’s purchasing policy.

BACKGROUND

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5 4
4 Calopps.org is a shared-services website run by Foster City and it provides job applicant tracking and/or job opening advertisement services to over 100 California public agencies.

CalOpps was originally developed entirely by a member of the Foster City IT Division in 2004. When that IT staff member retired in 2013, his skillset was not backfilled, so the City had to look for external web development support. In 2015, after an RFP process, the City chose Urban Insight to develop and maintain a new version of the CalOpps website and the City has continued working with them since then.

Urban Insight has helped roll out new features for CalOpps, troubleshoot issues on the CalOpps website, and also keep the server patched for security updates. Without this assistance, the security and stability of this website could suffer.

ANALYSIS
This Scope of Work is for 12 months (January 2024 to December 2024). No new features will be worked on this year – only troubleshooting and security patching will be performed. New features are on hold because a major upgrade to Drupal (the software framework that CalOpps is built on) will be required by January 2025 which will require a rebuild of the website. Responses to an RFP for Drupal migration services are currently being evaluated.

The Scope of Work references an MSA with Urban Insight. The MSA was originally signed by the City Manager in 2021. Since the total amount paid under the MSA based on the proposed and previous Scopes of Work will exceed $50,000 and 4 contract years, the MSA will also need City Council approval in order to comply with the City’s purchasing policy.

California Environmental Quality Act
CEQA General Rule Exemption

FISCAL IMPACT
Funding is available in the CalOpps Operating Budget (114-1210-415-4248).

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

Attachment 1 – Resolution
Attachment 2 – Master Services Agreement
Attachment 3 – Scope of Work for January 2024-December 2024

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1 6
8 6
RESOLUTION NO.____________

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

AUTHORIZING AN ANNUAL SCOPE OF WORK WITH URBAN INSIGHT FOR WEBSITE DEVELOPMENT SERVICES FOR CALOPPS.ORG IN AN AMOUNT NOT TO EXCEED $30,000 AND AUTHORIZING AN UPDATED MASTER SERVICES

AGREEMENT WITH URBAN INSIGHT FOR WEBSITE DEVELOPMENT SERVICES FOR CALOPPS.ORG

CITY OF FOSTER CITY
WHEREAS, City staff has been working with Urban Insight Inc. to develop code for the City-run shared-services website www.calopps.org since 2015; and WHEREAS, City staff is requesting to continue this relationship by extending the Scope of Work through December 2024; and
WHEREAS, the Master Services Agreement with Urban Insight also needs to be updated to comply with the City’s purchasing policy; and WHEREAS, sufficient funds are available in the Calopps Operating Budget (114- 1210-415-4248);
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize an annual scope of work with Urban Insight for website development services for Calopps.org in an amount not to exceed $30,000 and authorizes an updated Master Services Agreement with Urban Insight for website development services for Calopps.org.

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 February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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Master Services Agreement Page MSA-1

MASTER SERVICES AGREEMENT
Urban Insight uses the industry-standard Bureau of Digital Standard Form of Agreement for Digital Services, version 2.0.

This Master Services Agreement is effective as of the date signed and is between Urban Insight, Inc. (“Agency” or “we”) and City of Foster City (“Client” or “you”). Capitalized terms in this agreement that are not otherwise defined have the meanings given in Section 13.

1. Statements of Work.

Agency shall provide Client the services and Deliverables described in this proposal in the sections titled, “Statement of Work” or any document that references this agreement details the fees for such work, and is signed by the parties (each a SOW). Upon signing, each SOW becomes part of this agreement. If an SOW conflicts with this agreement, the terms of the SOW control as to the work described in the SOW.

2. Services; Fees; Payments.

Client shall pay all invoiced fees and approved expenses as provided in this proposal in the section titled “Project Financials” or “Budget” within 25 days of receipt. If Client disputes any amount invoiced, Client must give Agency written notice describing the dispute within 20 days of receipt of the invoice. Client may not dispute invoices after the invoice due date. Services provided outside the scope of an SOW will be billed at Agency’s applicable hourly rates.

We estimate the total fee for this project to the amount identified in the SOW in the section titled “Project Financials” (the “Estimate”). You will be invoiced monthly on the last day of each month for all work completed during the month. The Estimate is not a guarantee that we can complete the work described in this SOW for that amount, and all work will be performed and invoiced on a time and materials basis.

The fee does not include any expenses or other costs that may be required to complete the SOW. Examples of expenses include licensing fees, stock or original photography, font or media licensing, online services, hosting, and similar costs. Agency will obtain your consent before incurring costs on your behalf. Once approved, Agency may advance such costs on your behalf and include the amount on your invoice. Alternatively, Agency may require that you advance such costs before they are incurred or that you contract directly with the vendor.

Past due invoices will be assessed a $40 late fee and accrue interest of 1.0% per month.

3. Client Obligations.

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Master Services Agreement Page MSA-2
In addition to any assumptions or obligations in an SOW, Client shall in a timely manner (a) provide Client Materials necessary for Agency’s performance of its services; (b) ensure that Client stakeholders are available and responsive over the course of the project; (c) ensure that all Client feedback and approvals are provided through a single point of contact; (d) provide any access necessary for Agency to perform its services; and (e) otherwise comply with its obligations under this agreement. (“Client Obligations”).

4. Acceptance.

Client shall accept or reject each Deliverable in writing within five days of receipt (the “Approval Period”). Deliverables may only be rejected for materially failing to conform to Specifications.

Notice of rejection must be in writing and specify the reasons for rejection. If Client does not accept or reject a Deliverable within the Approval Period, it is deemed accepted. Upon receipt of a timely rejection notice, Agency will promptly correct any non-conformities at Agency’s expense.

5. Termination of SOWs.
(a) Termination by Client. Client may terminate an SOW on written notice to Agency (i) if Agency fails to cure a material breach of this agreement within 15 days of receiving written notice of the breach from Client; or (ii) for any other reason. If Client terminates other than as a result of Agency’s uncured material breach, Client shall also pay the Early Termination Fee.
(b) Termination by Agency. Agency may terminate an SOW on written notice to Client if Client fails to cure a material breach of this agreement within 15 days of receiving written notice of the breach from Agency.
(c) Effect of Termination. Termination does not relieve Client of its obligation to pay fees and approved expenses incurred through the termination date. After Agency receives all payments due through termination, Agency shall provide completed Deliverables to Client and return all Confidential Information.
(d) Work Stoppage. If Agency has grounds for termination, Agency may suspend its work and terminate any applicable hosting (without liability to Client) until Client cures the grounds for termination and pays all amounts due. Agency may require Client to sign an amended SOW adjusting the fees and schedule as reasonably required by Agency to compensate for Client’s breach. Stopping work does not limit Agency’s right to terminate.

6. Confidential Information.

Each party (the “Discloser”) may disclose Confidential Information to the other party (the “Recipient”) in connection with this agreement. The Recipient agrees to (a) maintain the Confidential Information in confidence; (b) protect the Confidential Information with a reasonable degree of care, including employing industry-standard security procedures to prevent unauthorized disclosure of Confidential Information; (c) not use the Confidential Information except in the performance of its obligations under this agreement; and (d) disclose the

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Master Services Agreement Page MSA-3
Confidential Information only to those of its employees and agents who have a need to know the Confidential Information and who are bound by agreement or law to maintain the confidentiality of the information.

7. Intellectual Property.

Subject to Agency’s receipt of payment under the SOW, Agency assigns to Client all of Agency’s rights in the Deliverables (other than Agency Tools incorporated in the Deliverables).

Upon assignment, Agency grants Client a non-exclusive, royalty-free, worldwide license to use, modify, display, and otherwise take full lawful advantage of the Agency Tools in connection with the Deliverables. Agency shall provide Client with a copy of any licenses applicable to any Third-Party Materials included in the Deliverables (the “Third-Party Licenses”). Client shall comply with the terms of such licenses. Client grants Agency a license to use the Client Materials as contemplated by this agreement.

8. Portfolio Rights.

Upon Client’s publication of any Deliverable, Agency may publicize depictions of the Deliverables, link to any online content containing the Deliverables, and describe its role in creating of the Deliverables. Agency may (i) publicize the fact that Client is Agency’s client; (ii) describe the nature of its work for the Client; and (iii) subject to any reasonable restrictions imposed by Client, utilize Client’s trade name(s) and trademark(s) in connection with its publicity.

9. Warranties.
(a) Mutual Warranties. Each party warrants that (i) it is authorized to enter into and perform this agreement; (ii) entering into and performing this agreement will not conflict with any other agreement to which the party is bound; and (iii) it will perform under this agreement in accordance with applicable law.
(b) Agency Warranties. Agency warrants that (i) it will perform its services in a professional manner and in accordance with industry standards; (ii) it will assign personnel who are reasonably experienced and qualified to perform its services; (iii) upon delivery and for a period of 30 days thereafter (the “Warranty Period”), the Deliverables will materially conform to the Specifications (the “Specifications Warranty”); and (iv) to its knowledge, the Deliverables will not, if used by Client as contemplated by the SOW and in accordance with any Third-Party Licenses, infringe any third-party intellectual property rights.
(c) Client Warranties. Client warrants that, to its knowledge, the Client Materials will not, if used by Agency as contemplated by the SOW, infringe any third-party intellectual property rights.
(d) Disclaimer. Except as provided in this Section, each party’s performance under this agreement is provided “AS IS” and without other warranty. No warranty is given

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Master Services Agreement Page MSA-4
regarding Third-Party Materials or third-party services. Agency does not warrant that Client’s website will comply with the Americans With Disabilities Act. (e) Certain Remedies. As Client’s exclusive remedy for a breach of the Specifications Warranty, provided Client notifies Agency of the breach within 30 days following expiration of the Warranty Period, Agency will promptly revise nonconforming Deliverables to materially conform to Specifications at Agency’s expense.

10. Indemnity & Limit on Liability.
(a) Indemnity. Subject to Section 10(c), Agency shall indemnify and defend Client and its employees, officers, directors, shareholders, members, and managers (collectively, the “Indemnitees”) from any damages, expenses, fees, fines, penalties, expenses (including reasonable attorney’s fees) and costs incurred by the Indemnitees in connection with any third-party claim arising out of Agency’s breach of this agreement, negligence, or intentional wrongdoing (a “Claim”). As a condition to Agency’s indemnification obligation, the Indemnitees shall give Agency prompt written notice of any Claim or potential Claim.

In any defense, (i) Agency has the sole right to defend and settle the Claim using counsel of its choosing; and (ii) the Indemnitees shall reasonably cooperate with Agency in the defense and settlement of the Claim.
(b) Exclusions. Agency is not liable under Section 10(a) to the extent that Claims result from: (i) the negligent or willful acts of an Indemnitee; (ii) Agency’s compliance with the instructions of Client; or (iii) a claim that a Deliverable is infringing where the alleged infringement is due to modifications made by (or on behalf of) Client. (c) Limit on Liability. Each party’s maximum liability in any action relating to the subject of this agreement is limited to the total fees payable by Client pursuant to the SOW that is the subject of the dispute. This limitation does not apply to damages arising from a party’s gross negligence or intentional wrongdoing, the Conversion Fee, or amounts payable under Section 14(e). Neither party is liable for lost profits or other consequential damages, even if foreseeable and regardless of the form of action.

11. Non-Solicitation.

The parties shall not, while services are being performed by Agency and for one year after the last day on which services were provided, solicit, induce, or recruit, directly or indirectly, for itself or for any other party, the other party’s employees. The parties agree that damages resulting from a breach of this Section 11 would be difficult to quantify, but that a reasonable estimate of such damages is 50% of the total compensation paid to the subject employee in the twelve months preceding the breach (the “Conversion Fee”). As liquidated damages for breach of this provision, the breaching party shall pay the Conversion Fee to the other party.

12. Governing Law; Jurisdiction; Venue.

California law governs this agreement, exclusive of its conflict of laws principles. The state and federal courts of Los Angeles, California are the exclusive venue for resolving any disputes

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Master Services Agreement Page MSA-5
under this agreement. The parties consent to the personal jurisdiction of such courts, and waive defenses concerning venue and convenience of forum.

13. Definitions.

The following terms have the meanings given:
“Agency Tools” means Agency’s intellectual property (including its designs, methods, software, and trade secrets) that either preexist this agreement or are developed by Agency other than in providing services for Client under this agreement. Agency Tools includes any improvements that are not uniquely applicable to the Deliverables.
“Client Materials” means all documents, information, designs, data, specifications, graphics, logos, trademarks, written content, and other materials provided by or on behalf of Client to be used by Agency in connection with the preparation of or incorporated into the Deliverables. “Confidential Information” means information that, either, is identified as confidential upon disclosure, or that the Recipient should understand to be confidential under the circumstances; provided, Confidential Information does not include information that: (i) at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, any act or omission by the Recipient; (ii) at the time of disclosure is, or thereafter becomes, available to the Recipient on a non-confidential basis from a third-party source, provided, such third party is not and was not prohibited from disclosing such Confidential Information to the Recipient by any contractual obligation; (iii) was known by or in the possession of the Recipient, as established by documentary evidence, prior to being disclosed by or on behalf of the Discloser pursuant to this agreement; or (iv) was or is independently developed by the Recipient, as established by documentary evidence, without reference to or use of, in whole or in part, any of the Discloser’s Confidential Information. “Deliverables” means the final versions of the materials produced and delivered by Agency pursuant to this agreement. Deliverables may include Client Materials, Agency Tools, and Third- Party Materials.
“Early Termination Fee” means an amount equal to 25% of the fees that would otherwise have been charged for the canceled portion of the project.
“Specifications” are functional or technical specifications (such as WCAG 2.1) for work described in an SOW or that have been otherwise agreed to in writing by Client and Agency. “Third-Party Materials” means materials belonging to third parties that are incorporated into the Deliverables, including without limitation open source software, fonts, and stock images.

14. Miscellaneous.

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Master Services Agreement Page MSA-6
(a) Taxes. Agency shall pay all taxes on its income and employment taxes for its personnel.

Client shall pay any sales, use and value-added taxes.
(b) Assignment. This Agreement is not transferable or assignable, except that rights to payment may be assigned, and except that either party may assign this Agreement to a person or entity who acquires all or substantially all of the assets or business of a party pertaining to this Agreement.
(c) Insurance. While providing services, Agency shall maintain in effect policies of commercial general liability insurance with limits of $1,000,000 per occurrence and professional liability (errors and omissions) insurance with limits of at least $500,000 per occurrence. Upon written request, Agency will provide Client with proof of the insurance coverage required by this section.
(d) Relationship of the Parties. Agency is an independent contractor and not Client’s partner. The parties are not engaged in a joint venture. Agency’s employees are not to be considered Client’s employees for any purpose. Agency is solely responsible for the means and manner of performing the services.
(e) Attorney’s Fees. The prevailing party in any dispute regarding the subject of this agreement is entitled to recover its reasonable attorney’s fees, expert’s fees, and costs. (f) This Agreement. This agreement (including all SOWs) is the entire agreement of the parties with respect to its subject. All prior and contemporaneous agreements are superseded. This agreement may only be amended by a writing signed by both parties.

This Agreement may be signed in counterparts. Each counterpart constitutes an original and all together constitute a single agreement. If any term of this Agreement is determined to be unenforceable, the remainder of this Agreement will not be affected.

This Agreement was negotiated by sophisticated parties and will not be construed in favor of or against either party.
(g) Client’s engagement of Agency will not cause Urban Insight to be treated as a “data processor” or “data controller” under GDPR.

15. Optional Tasks.

If the SOW includes optional tasks, please indicate which, if any, optional tasks Client intends to be made part of the SOW. If no option is selected, no optional tasks will be made part of the SOW.
[ ] Do not include any optional tasks.
[ ] Include the following optional task(s) in the SOW:

Please list optional task numbers here.

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Master Services Agreement Page MSA-7
By signing below, the parties accept this agreement.

For City of Foster City
Patrick Sullivan, Mayor
Date
Attest:

Priscilla Schaus, City Clerk
Approved as to Form:

Benjamin Stock, City Attorney
For Urban Insight, Inc.

Signature
Date
Mark Etter
Chief Operations Officer
Urban Insight, Inc.
3530 Wilshire Blvd., Suite 1285
Los Angeles, CA 90010
Email: [email protected]
Telephone: 213-792-2000 x102

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224

STATEMENT
OF
WORK
CalOpps
Website
Support
CITY
OF
FOSTER
CITY
Prepared
for
Rob
Lasky
[email protected]
Date
1/23/2024
|
Version
1 Proposal
expires
after
45 days.

Prepared
by
Josh
Skelly
[email protected]
Urban
Insight
Inc
3530
Wilshire
Blvd.,
Suite
1355
Los
Angeles,
CA
90010
Telephone:
213-792-2000
Website:
www.urbaninsight.com
Urban
Insight
Statement
of
Work
Page
1 6.7
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01. PROJECT

DESCRIPTION
Urban
Insight
will
provide
ongoing
support
for
the
calopps.org
website.

02. STATEMENT
OF
WORK

2.1 Support
10 Subscription
Urban
Insight
will
provide
a
Support
10 Subscription
to
provide
ongoing
support,
perform
website
updates,
and
other
maintenance.●
10 support
hours
per
month●
4-hour
initial
support
response●
Dedicated
project
manager●
Website
monitoring
included●
Additional
hours
are
available
at
a
discounted
rate
of
$200/hour●
Period:

January
2024
-
December
2024●
Monthly
fee:
$2,500
Important
Note:

Drupal
9 Drupal
9 was
oﬃcially
released
June
3,
2020.

The
CalOpps
website
is
running
on
Drupal

7. While
support
for
Drupal
7 would
normally
stop
upon
the
release
of
Drupal
9,
the
Drupal
project
will
continue
to
support
Drupal
7 through
January
5,
2025.

Urban
Insight
recommends
that
the
City
of
Foster
City
begin
implementing
the
upgrade
to
Drupal
10 now
to
avoid
any
potential
security
ﬂaws.

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Insight
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of
Work
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03. TIMELINE
Urban
Insight
projects
the
following
project
timeline.

Task
Description
Duration
(Months)
Start
End

2.1 Support
10 Subscription
12 1/1/2024
12/31/2024

04. REQUIRED

REPORTS
Urban
Insight
will
report
to
and
submit
all
deliverables
to:

City
of
Foster
City
Rob
Lasky
610
Foster
City
Blvd.

Foster
City,
CA
94404-2222
Email:
[email protected]
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Insight
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of
Work
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05. BUDGET
Urban
Insight
performs
work
on
a
time
and
materials
basis.

Urban
Insight’s
estimation
of
the
eﬀort
and
fee
required
to
complete
this
work
is
as
follows:

Task
Description
Months
Rate
Cost

2.1 Support
10 Subscription
12 $2,500
$30,000
TOTAL
$30,000
Terms
and
Conditions●
Urban
Insight
sends
invoices
monthly
for
all
work
completed
during
the
month.●
The
proposed
fee
does
not
include
any
expenses
or
other
costs
that
may
be
required
to
complete
the
services.

Examples
of
expenses
include
hosting
costs,
software
licensing
fees,
stock
or
original
photography,
font
or
media
licensing,
or
online
third-party
services.

Urban
Insight
will
obtain
your
consent
before
incurring
costs
on
your
behalf.●
The
fee
and
schedule
information
in
this
SOW
are
an
estimate
based
on
Urban
Insight’s
experience,
the
complexity
of
your
project,
the
information
provided
by
you,
and
other
factors.

Because
Urban
Insight
expects
certain
details,
speciﬁcations,
and
priorities
to
evolve
over
the
course
of
the
project,
it
is
not
possible
to
estimate
the
fees
and
schedule
with
absolute
certainty.

While
the
Estimate
is
not
a
guarantee
that
we
can
complete
the
work
described
in
this
SOW
for
that
amount,
we
will
obtain
your
approval
before
our
billing
exceeds
the
Estimate.

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Insight
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of
Work
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06. PROFILE
Urban
Insight,
Inc.

Federal
EIN:
95-4810954
3530
Wilshire
Boulevard,
Suite
1355
DUNS:
158820568
Los
Angeles,
CA
90010
USA
NAICS
Code:
516110
Telephone:
213-792-2000
Email:
[email protected]
Website:
www.urbaninsight.com
Urban
Insight
plans,
designs
and
develops
innovative
websites
using
open
source
web
content
management
systems
like
Drupal
and
WordPress.

Services
include:
●
Digital
Strategy●
User
Experience
and
Website
Design●
Website
Development●
Database
Design●
Content
Management
System
Implementation●
Cloud
Hosting
Setup
and
Conﬁguration●
Website
Support
and
Maintenance
Support
Urban
Insight
oﬀers
support
via
email
(preferred)
and
telephone
between
9 am-5
pm
Paciﬁc
Time,
Monday-Friday,
excluding
major
holidays.

Urban
Insight
responds
to
incoming
requests
within
2-8
hours
during
business
days.
●
Email
Support:
[email protected]●
Telephone
support:
213-792-2000
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Insight
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of
Work
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07. ACCEPTANCE
The
Statement
of
Work
will
be
governed
by
the
Master
Services
Agreement
between
City
of
Foster
City
and
Urban
Insight
dated
December
6,
2021.

By
signing
below,
the
parties
accept
this
Statement
of
Work.

For
City
of
Foster
City
Signature
Date
Printed
Name
Title
For
Urban
Insight,
Inc.

Signature
Date
Josh
Skelly
Chief
Executive
Oﬃcer
Urban
Insight,
Inc.
3530
Wilshire
Blvd.,
Suite
1355
Los
Angeles,
CA
90010
Email:
[email protected]
Telephone:
213-792-2000
x130
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Insight
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of
Work
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5 4
6 DATE: February 20, 2024

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

FROM: Derek Schweigart, Parks and Recreation Director
Andrew Brozyna, Public Works Director
Justin Lai, Senior Civil Engineer
DEPARTMENT: Parks and Recreation
SUBJECT: SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD
PARK S4 (CIP 301-709) - NOTICE OF COMPLETION

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution accepting the work performed by FieldTurf USA, Inc. (FieldTurf) for the construction of the Synthetic Turf Resurfacing Project Sea Cloud Park S4 (CIP 301-709) and directing the City Clerk to file the Notice of Completion.

EXECUTIVE SUMMARY
CIP 301-709 consisted of resurfacing of the existing synthetic turf field S4 at Sea Cloud Park. The work has been completed in conformance with the contract documents. It is recommended that the City Council accept the work and direct the City Clerk to file the Notice of Completion (NOC). With the completion of the project prior to 2024, the City is anticipating a reimbursement from the State of California Department of Parks and Recreation in the amount up to $198,455, per its mutual agreement.

6.8 6.8 Staff Report

231

5 4
6 BACKGROUND
City Resolution No. 2023-47 adopted on May 22, 2023, approved the execution of a construction contract with FieldTurf in the amount of $ 915,526.90 for CIP 301-709 and established a project contingency of $185,000. An appropriation in the amount of $370,000 from Fund 301 to the existing project budget 301-0910-709-4251 to fully fund the project was executed.

Construction began in July 2023 and was substantially completed in August 2023. Day- to-day construction management and inspection services were performed by in-house staff with assistance from the design consultant. The contractor has completed all punch list items of work.

ANALYSIS
The construction work included the repair of the pad below the field, removal and installation of turf and infill at the S4 field in Sea Cloud Park. Adjacent to the main sports field, a small bullpen for pitchers to warm up was listed as a bid alternate and was awarded as part of the contract. The field surfaces were replaced with modern turf materials and the existing crumb rubber infill was replaced with an organic infill made from olive pits.

During the project, a total of two (2) contract change orders (CCOs) were issued, in the amount of $12,342.31. CCO #1 was issued due to line stripe revisions being desired to improve user experience and to reverse the orientation of the bullpen to improve user safety. CCO #2 was issued to stock eight (8) additional removable batting boxes to allow for easy replacements in the future, as these components of the field tend to wear out first. No Design amendments were issued.

Given that FieldTurf has completed its work in conformance with the contract documents, it is recommended that the City Council accept the work and direct the City Clerk to file the Notice of Completion.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Categorically Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c) – Existing Facilities

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232

5 4
6 FISCAL IMPACT
The following is the project expenditure summary:

Project Budget
CIP 301-709 – Resolution 2023-47 $1,170,000.00
Construction Contract Expenses
Contract Agreement with FieldTurf USA, Inc. $ 915,526.90 CCO #1 – Extra Work & Quantities Adjustment Change Order $ 7,174.82 CCO #2 – Extra Work & Quantities Adjustment Change Order $ 5,167.49 Total Construction Contract $ 927,869.21
Other Project Related Expenses
Consultant/Designer – Verde Inc.

Advertisement/Miscellaneous Expenses
$ 55,592.00
$ 1,832.32
Total Other Project Related Expenses $ 57,424.32 Total Project Expenses to date $ 985,293.53
Project Budget Balance $ 184,706.47
The City is anticipating a reimbursement from the State of California Department of Parks and Recreation in an amount up to $198,455, per its agreement which conditioned the reimbursement on the completion of the project before 2024. These funds will increase the final funding returned to the General Fund.

The contract work has been completed on time and within budget, and the NOC can now be filed. Tonight’s action will establish the official date of completion of the work performed by FieldTurf USA, Inc., formalizing the City’s acceptance of the contract work and allowing final payment to the contractor to be made. The project budget balance (unused funds) will be returned to the appropriate originating fund.

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

Attachment 1 – Resolution
Attachment 2 – Notice of Completion

6.8 6.8 Staff Report

233

1 6
7 9
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ACCEPTING THE WORK BY FIELDTURF USA, INC. FOR THE SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK S4 (CIP 301-709) AND DIRECTING THE CITY CLERK TO FILE THE NOTICE OF COMPLETION; (CEQA STATUS: EXEMPT FROM CEQA UNDER SECTION 15061 (B)(3) AND 15301(C) – EXISTING FACILITIES)

CITY OF FOSTER CITY
WHEREAS, the Public Works Director/City Engineer has filed with the City Clerk the Notice of Completion for the work known as the Synthetic Turf Resurfacing Project Sea Cloud Park S4 (CIP 301-709) located in the City of Foster City, situated in San Mateo County, California; provided to be done under and pursuant to the contract documents and agreement between the City of Foster City and FieldTurf USA, Inc. dated May 22, 2023; and
WHEREAS, it appears to the satisfaction of the City Council that said work was substantially completed in August 2023, in an acceptable manner.

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

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

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

3. The City Clerk to notify FieldTurf USA, Inc. that the Construction Performance Bond No. K41741041 from Federal Insurance Company may be released one year following the recordation of the Notice of Completion; and

4. The City Clerk to release the Labor and Material Bond No. K41741041 from Federal Insurance Company, thirty-five (35) days after the date of recording of the Notice of Completion if no claims or Stop Notices have been received.

6.8 Attachment 1 - Resolution

234

1 6
7 9
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 20th day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
_____________________________

PRISCILLA SCHAUS, CITY CLERK

6.8 Attachment 1 - Resolution

235

NOTICE OF COMPLETION
SYNTHETIC TURF RESURFACING PROJECT SEA CLOUD PARK 84 (CIP 301-709)

CITI OF FOSTER CITY
NOTICE IS HEREBY GIVEN that FieldTurf USA, Inc. entered into a contract dated the 22nd day of May 2023 for the construction of certain improvements in the City of Foster City, situated in San Mateo County, California. Said construction is known as the Synthetic Turf Resurfacing Project Sea Cloud Park S4 (CIP 301-709) and consists of the repair of the pad below the field, removal and installation of turf and infill at the S4 field in Sea Cloud Park.

That said work is located in the City of Foster City, situated in San Mateo County, California, and was completed on the 31 st day of December 2023.

That acceptance of said work was ordered by resolution of the City of Foster City adopted on the 20'h day of February 2024.

That the name and bond number of the surety of the contractor's bond for Labor and Materials on said project is Federal Insurance Company and Labor and Material Bond No.

K41 74104.

That said work and improvements consisted of the furnishing of all labor, materials, tools, equipment, services, and incidentals required to undertake and complete the Synthetic Turf Resurfacing Project Sea Cloud Park 54 (CIP 301-709), all in accordance with the contract documents as required by the City of Foster City and more particularly described in the agreement approved by the City Council of the City of Foster City pursuant to City Resolution No. 2023-47 adopted on the 22nd of May 2023, subject to reservation of all City rights arising from the contract documents and further, any defective workmanship and/or materials not observed during construction being thereaffer discovered and known to the City.

DATED: ,.7:a%,
"Pnu"b:"f"cwW"orro"'kz!'Dnairector/City/District Engineer City of Fost'er City
https://fostercity.sharepoint.com/sites/T urfResufacingProjectS4/Shared Documents/2.0 - Staff Reports & City Actions/2.1 - Staff Reports & Resolutions (PW-01 8)/NOC/Attachment 2NOC.docx

6.8 Attachment 2 - Notice of Completion

236

DATE: February 20, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Derek Schweigart, Parks and Recreation Director
DEPARTMENT: Parks and Recreation
SUBJECT: PARKS AND RECREATION COMMITTEE'S 2023 YEAR END

REPORT, REVIEW OF MISSION STATEMENT AND
PROPOSED GOALS FOR 2024

RECOMMENDATION
It is recommended that the City Council by Minute Order, review and accept the Parks and Recreation Committee's 2023 Year-End Report; approve the Mission Statement; and accept committee goals for 2024.

EXECUTIVE SUMMARY
Pursuant to Minute Order No. 802, each citizen advisory committee must prepare a written year-end report, review its mission statement, and prepare a written annual goals/work program for the upcoming year for presentation to the City Council meeting in the first quarter of each year.

At a regular meeting on February 6, 2024, the Parks and Recreation Committee approved the following:

1. 2023 Year-End Report

2. Mission Statement

3. Goals for 2024
It is recommended that by Minute Order, the City Council accept the Parks and Recreation Committee’s 2023 Year-End Report, approve the Mission Statement, and accept the committee goals for 2024.

7.1 7.1 Staff Report

237

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 - 2023 Parks and Recreation Committee Year-End Report Attachment 2 - Mission Statement and Goals for 2024

7.1 7.1 Staff Report

238

City of Foster City
Parks & Recreation Citizens Advisory Committee
2023 Year End Report

The Parks and Recreation Committee’s 2023 Year End Report is outlined here by recapping our overall Mission with our 2023 Goals and Objectives and highlighting our achievements over the past year associated with each of these goals.

Mission Statement: The Parks and Recreation Committee of the City of Foster City shall serve as an advisory committee to City Council and as an advisory forum between citizens and the Department of Parks and Recreation. The Parks and Recreation Committee shall act in the spi rit of City Council priorities and Parks and Recreation Department goals and objectives in order to provide for a parks and recreation program that is responsive to the interests of Foster City citizens and strives for comprehensive community engagement:

1. Vision for Parks, Facilities, and Programs: Study and evaluate City operated parks, facilities, programs, and operations to ensure they meet the current and future needs of the changing community and structure programs and facilities accordingly.

 The Parks & Recreation Committee actively participated in the Recreation Center Rebuild Project
o Appointed 2 committee members to serve on the Recreation Center Project Task Force (6 Task Force meetings)
o Joint Meetings with Planning Commission and Parks & Recreation Committee (3 meetings)
o Worked with Group 4 consultants on conceptual design theme , design refinement, and schematic design
 Site options
 Design values and goals
 Floor plan options
 Exterior materials & color palette
 Exterior conceptual elevation renderings
o Recommended an update to the Waterfront /Boardwalk Master Plan as part of the Recreation Center Rebuild conceptual design phase; CIP was approved. o The focus of the Committee’s involvement had emphasis on exterior design and color palette and practical functionality in the floor plan and facility design.

 The committee formed a subcommittee to assist efforts in the City’s first Community Garden

 Ongoing discussions regarding the Parks Master Plan

7.1 Attachment 1 - 2023 Parks and Recreation Committee Year-End Report

239

2. Safe and Well-Maintained Facilities and Parks : Study and evaluate City operated recreation facilities and parks to ensure current community needs are being met, while also participating in the development of the Parks System Improvement Plan that will provide guidance in long range planning to ensure land and resources are being used most effectively for the greatest community benefit.

 Took a tour of the Lagoon Pump Room Facility at Foster City’s Corporation Yard o Opportunity to study and evaluate a key component of Foster City’s safety

 Participated in presentation discussions on various city and community functions o Community member presentation regarding 55+ Club
o City Parks Maintenance presentation regarding CPRS School/Parks Maintenance o City personnel presentation regarding Calsense/Efficient Watering o Police Department presentation regarding Utility Box Art Program (CPTED: Crime Prevention Through Environmental Design)
o City personnel presentation regarding Playground Safety o Community business owner presentation regarding the City’s Boat Rental Concession
o City personnel presentation regarding soil health in Foster City o Parks Manager presentation regarding Placer.ai on Summer Days attendance intel/info
o City personnel presentation regarding Sports Fields and Facility Reservations o City personnel presentation regarding Tree Risk Assessment in Foster City o City personnel presentation regarding IDEC (Interdepartmental Evaluation Committee) Events, Classes, and The Guide
o Parks Manager presentation regarding Cartegraph asset tracking and application to Parks

 CAGO/California Goose Population Management: o ngoing updates with Parks Manager and ongoing discussions

3. Community Engagement: Engage with the greater Foster City community to receive input regarding open space, facilities, recreation programs and activities; with the goal of increasing community participation in parks, programs, and public spaces, and ensuring we meet the current needs of the community. Various engagement tools and strategies will be employed while reporting back to the Committee and City staff on findings.

 Recreation Center Rebuild Project community outreach events o Community open house events
o Outreach at Senior Meals
o Outreach at Farmer’s Market
o Outreach at Holi Festival
o Online surveys

7.1 Attachment 1 - 2023 Parks and Recreation Committee Year-End Report

240

o Social media posts
o News outlets/publications

 Volunteered at Parks & Recreation Events
o July 4th activities
o Summer Concert Series
o Summer Days events
o Classic Car Show
o Rubber Ducky Race
o Halloween “Spooktakular” Festival
o Spring & Fall Movie Nights
o Community Bike Ride
o Senior Showcase
o San Mateo Consolidated Fire Department Open House
o City tree Lighting

 The committee appointed a 2-member subcommittee to provide input towards the 2024 Summer Concert Series Band selection process

 The committee participated in other community engagement opportunities with varying focuses via various social media platforms

4. Sustainability: Research and evaluate opportunities for local community partnerships with Foster City school districts, service clubs, youth sports, non-profit, and business organizations to enhance and sustain program offerings through shared efforts. Identify areas of interest for each organization to best meet common needs. The Committee should report back on areas of opportunity and feasibility.

 The committee has had ongoing discussions with staff to evaluate opportunities with YAC (Youth Advisory Committee).

 Ongoing discussions with t he committee for support for the city’s Age Friendly City Initiative and their goals.

7.1 Attachment 1 - 2023 Parks and Recreation Committee Year-End Report

241

Parks & Recreation Committee
Goals for 2024

Mission Statement: The Parks and Recreation Committee of the City of Foster City shall serve as an advisory committee to City Council and as an advisory forum between citizens and the Department of Parks and Recreation. The Parks and Recreation Committee shall act in the spirit of City Council priorities and Parks and Recreation Department goals and objectives in order to provide for a parks and recreation program that is responsive to the interests of Foster City citizens and strives for comprehensive community engagement by:

1. Vision for Parks, Facilities, and Programs: Study and evaluate City parks, lagoon system, facilities, programs, and operations to ensure they meet the current and future needs of the changing community and structure programs and facilities accordingly. Ongoing.

Areas of focus: Recreation Center Rebuild Project, Parks Master Plan, Support the City’s Age Friendly Cities Initiative and Action Plan, and Levee trail

2. Safe and Well-Maintained Facilities, Parks and Lagoon: Provide recommendations and guidance to the City Council and City s taff that will ensure the City’s facilities, parks , and lagoon are well maintained and meet the current and future needs of the community. Ongoing.

Areas of focus: Parks Master Plan, Lagoon Safety, Goose Population Management Plan

Areas of focus: Parks Master Plan, Ambassadors and Volunteer support for Parks and Recreation events and programs

4. Sustainability: Research and evaluate opportunities for local community partnerships with Foster City school districts, service clubs, youth sports, non-profit, and business organizations to enhance and sustain program offerings through shared efforts. Identify areas of interest for each organization to best meet common needs. The C ommittee should report back on areas of opportunity and feasibility. Ongoing.

Areas or focus: Community Gardens , Collaboration with CSAC on sustainable measures for the City

7.1 Attachment 2 - Mission Statement and Goals for 2024

242

5 4
3 DATE: February 20, 2024

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 - UPDATE FOR CALENDAR YEAR QUARTER 4 –
OCTOBER THROUGH DECEMBER 2023

RECOMMENDATION
It is recommended that the Board of Directors of the Estero Municipal Improvement District (EMID) by minute order, receive and accept this calendar year Q4 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) - Clean Water Program (CWP) for the City of San Mateo/EMID WWTP for the months of October 2023 through December 2023.

The report includes summary information about construction and other project activities over the fourth quarter of the calendar year.

BACKGROUND

7.2 7.2 Staff Report

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5 4
3 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.

Administration Building
Construction of the Administration Building is nearing completion. Startup and commissioning (including LEED commissioning) activities are ongoing. The Administration Building associated sitework, such as site lighting, irrigation, landscaping, signage, parking lot, etc., will continue through May 2024. The City/WWTP Operations staff is planning to occupy the building in the first half of 2024 in time for process startup and operations of the new WWTP.

Plant Commissioning

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5 4
3 Based on the current schedule as of the end of January 2024, completion of the new treatment facilities and associated commissioning activities have incurred delays and are currently anticipated to take place in early Summer 2024. Training for the plant operators has started and will continue to ramp up until September 2024. Start-up and clean water testing is expected to occur in the July 2024 timeframe, with process seeding (the introduction of microorganisms into the wastewater being treated) and functional demonstration expected to occur in August 2024. The new liquid treatment processes are anticipated to be in full service by October 2024. The two month delay can be primarily attributed to longer than anticipated time required to perform leak testing and subsequent repair of the various process basins, and delay in procurement of several electrical components required for plant start up, as a result of supply chain issues extending material and equipment lead times to over a year.

Final Project Completion
The current final project completion date (as of the end of January 2024) is June 2025 (still on track for FY2024-2025). The overall schedule has been pushed out due to various issues. A major portion of this potential schedule impact is stemming from challenges with the timing of the delivery of the plant commissioning closer to the wet weather months. In order to perform the remaining project scope, which includes conversion of the existing aeration basins into flow equalization basins, the new plant must be fully operational. However, the aeration basins are required for the current plant’s operations. They cannot be taken out of service until the new plant is fully operational. As the plant commissioning is nearing wet weather season, these basins may be needed which could delay when this portion of the work can start. Efforts by the contractor to mitigate schedule impacts from multiple change events are ongoing.

The project team has started the process of evaluating the overall impacts to project costs. Preliminarily, it appears that these delays may result in a $4.5 million increase to EMID’s overall share of the project costs. Due to the highly favorable rates that EMID has secured through revenue bonds sold and SRF and WIFIA loan financing to date, no rate increases are anticipated.

QUARTERLY CONSTRUCTION REPORT
Attachment #1 consists of selected portions of the Quarterly Progress Report for October through December 2023 published by the Program Management Team on January 23, 2024, summarizing the budget, schedule, and project activities that have occurred during the fourth quarter of 2023 and activities that are anticipated to occur in the first quarter of 2024 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.

7.2 7.2 Staff Report

245

5 4
3 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 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 8/1/25 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 8/1/25 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

7.2 7.2 Staff Report

246

5 4
3 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.

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

Attachment 1 – Selected Portions of Quarterly Progress Report – 4th Quarter Report, October 1, 2023 to December 31, 2023
Attachment 2 – Wastewater Treatment Plant Site Plan
Attachment 3 – Construction Photographs

7.2 7.2 Staff Report

247

Progress Through: December 31, 2023

Quarterly Progress Report
San Mateo Clean
Water Program
for the
Wastewater
Treatment Plant
Projects

3rd Quarter Report October 1, 2023
to December 31, 2023

Submitted on: January 23, 2024

7.2 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2023 to December 31, 2023

248

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) 1584
Contracted Completion Date 1/23/2025
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 $24,336,910.00
Forecast Completion Date 1/23/2025
Current Contracted Amount $400,620,304.00
Actual Expended $337,628,158.00

Current Period Activities
Project/Construction Management

• 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 • Monthly WWTP update meeting with Foster City management team.

October through Dec ember 2023 P A G E 10

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q4 2023
Project Inside
Project Manager Leswin DCunha
Project Type Wastewater System
Phase Construction

7.2 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2023 to December 31, 2023

249

Engineering Design/ Services During Construction
• Interpretive Signage -:Contractor is in the process of procuring the signage. • 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:

Bay Area Air Quality Management District (BAAQMD)

A/C 30448 (Liquid Processes)

Because the A/C renewal request has been submitted, the City can continue construction/operation under the conditions of the existing permit until a new A/C permit is issued.

A/C 30449 (Generators)

Because construction is complete and source test data submitted, the City does not need to renew the A/C. The Source Test data was approved 10/26/23. The next step, issue the Permit to Operate (P/O).

In the interim, the City can operate the generators under the conditions of the A/C permit.

Public Outreach
• PM/CM and the CWP Public Outreach Lead coordinated on regular project updates to the website, newsletter, social media, etc.

Construction
GMP1
 Project close out is almost completed.

GMP-2
 Project close out has been sent to the City attorney for approval.

GMP-3
 The contracted completion date for GMP3 is January.23,2025. However, in mid-January 2024, the City was informed by the contractor that the procurement of the electrical panels required for programming the SCADA have been impacted by the supply change issues as a result of the Covid pandemic, and the leak testing of the basins taking longer than originally planned, the project end date is now projected to be June 2025. The Contractor and the City are working together to minimize the potential delays and reduce this potential completion date extension. The Contractor and the City are also discussing the responsibility of the Contractor in covering the increase in management costs as a result of the schedule change.
 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).

October through December 2023 P A G E 11

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q4 2023

7.2 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2023 to December 31, 2023

250

 Continued installation of the exterior siding, the cabinetry, flooring and ceiling in Area 80 (Admin. Building)  Continued installation of interior work for the Warehouse  Continued improvements to the existing Sodium Hypochlorite Day and Bulk Storage Tanks, and pumping systems.
 Continued improvements to the existing Sodium Bisulfite Tanks and Pumping system.  Continued improvements to the existing Chlorine Contact Basins.

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 exterior of building, including installation of siding, installation of interior ceiling for Area 80 (Admin. Building)
 Continue installation of the interior work for the Warehouse  Continue the improvements to the existing Sodium Hypochlorite and Sodium Bisulfite systems.  Continue improvements to the Chlorine Contact Basins

October through Dec ember 2023 P A G E 12

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q4 2023

7.2 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2023 to December 31, 2023

251

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

Financial Status
 Current update shows an overrun ($30.0M) of original budget.

Millions

Budget $532.71

Actual Cost to date $476.50

Estimate at Completion $562.70

Schedule Status
 As part of re-baseline efforts, current forecast as of January 2024, shows project completion to be June 2025.

October through Dec ember 2023 P A G E 13

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q4 2023

7.2 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2023 to December 31, 2023

252

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)
 Working off site on the mitered piping
 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.

October through Dec ember 202 3 Page 39

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q4 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

7.2 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2023 to December 31, 2023

253

Public Outreach
 No activities this period.

Construction
Immediate Action Projects, Package II (IAP II)
 Installation of the replacement piping for the mitered pipe.

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.
 Delays to the project by sludge cake pumping system will result in significant delays to the project.

Financial Status
 Current update shows an overrun ($4.85 M) of original budget.

Millions

Budget $13.02

Actual Cost to date $13.13

Estimate at
Completion

$17.87
Schedule Status
Project schedule temporary on hold while issues are being resolved. Anticipat es construction to be completed by March 31, 2024

October through Dec ember 2023 P A G E 40

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q4 2023

7.2 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2023 to December 31, 2023

254

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 $17,636,292.
 Project management is being performed by City Staff with Assistance from Jacobs Engineering Design/ Services During Construction (HDR)
 Review of Submittals and RFI’s
Next Period Activities
Project/Construction Management (City/Tanner Pacific)
 Construction Management by Tanner Pacific.

Engineering Design/ Services During Construction
 HDR to continue EDSC.

Risks and Opportunities
 Rescoping the project push out the completion date of the project.

October through December 2023 P A G E 41

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q4 2023
Project Inside
Project Manager TBD
Project Type Wastewater System
Phase Engineering

7.2 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2023 to December 31, 2023

255

Financial Status
 The current update shows an overrun ($15.17M) of the original budget. The original budget was an estimate to be used as a place holder that was set prior to having any knowledge of the project scope of work. The overall program carried a large contingency to compensate for this unknown and a portion of those contingencies are being used to offset this overrun. The current estimate is based on a defined scope of work.

Budget
$2.47
million

Actual Cost to date
$1.37
million

Estimate at Completion $17.64

Schedule Status
 Current forecast shows final completion in May 2025.

October through Dec ember 2023 P A G E 42

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q4 2023

7.2 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2023 to December 31, 2023

256

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 manage with City staff the Project Management with assistance from Jacobs.  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 was awarded in November 2023. Construction starts February 2024.

Next Period Activities
Project/Construction Management (City/ Tanner Pacific)
 Begin CM on the Digester Transfer Pump Project
Engineering Design/ Services During Construction
• Design Consultants providing EDSC for the Digester Transfer Pump project. • . Monthly WWTP update meeting with Foster City management team. for the AMC projects.

Permitting
 N one
Construction
 Begin Construction on the Digester Transfer Pump project.

Risks and Opportunities
 AMC 36 Centrifuge Conveyor Replacement is on hold.

October through Dec ember 2023 P A G E 43

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q4 2023
Project Inside
Project Manager TBD
Project Type Wastewater System
Phase Engineering

7.2 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2023 to December 31, 2023

257

Financial Status
 Project shows EAC over budget.by $4.03 million The original budget was an estimate to be used as a place holder that was set prior to having any knowledge of the project scope of work. The overall program carried a large contingency to compensate for this unknown and a portion of those contingencies are being used to offset this overrun. The current estimate is based on a defined scope of work.



Millions

Budget $8.92

Actual Cost to date $1.55

Estimate at Completion $12.95

Schedule Status
 AMC 6 +23 was completed in November 2022.
 AMC Digester 2 Mixer Repair/Replace, mixer removed and is being evaluated, approximately 6 months without Digester 2 online.
 AMC Digester Transfer Pump was awarded in November 2023 to start construction in Feb 2024.  All other AMC projects are in the design or predesign phase.

October through Dec ember 2023 P A G E 44

7.2 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2023 to December 31, 2023

258

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

October through Dec ember 2023 P A G E 45

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q4 2023

7.2 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2023 to December 31, 2023

259

WASTEWATER TREATMENT PLANT SITE PLAN
Attachment 2
Area 64
Area 52
Area 80
Area 51Area 51
Area 53
Area 55
Area 56

7.2 Attachment 2 - Wastewater Treatment Plant Site Plan

260

View of Areas 51 and 64 - Ongoing Work

December 12, 2023 (last available photo, cranes are being removed)

September 30,2023

October through Dec ember 2023 P A G E 15

7.2 Attachment 3 - Construction Photographs

261

Area 51 Headworks Piping

January 2, 2024

September 29,2023

October through Dec ember 2023 PAGE 16

7.2 Attachment 3 - Construction Photographs

262

Area 51 Preliminary Screens Area

January 2, 2024

September 29, 2023

October through Dec ember 2023 PAGE 17

7.2 Attachment 3 - Construction Photographs

263

Area 51 Electrical Room

January 2, 2024

September 30, 2023

October through Dec ember 2023 PAGE 1 8

7.2 Attachment 3 - Construction Photographs

264

Area 51 Dumpster Bay

January 2, 2024

September 29, 2023

October through December 2023 PAGE 1 9

7.2 Attachment 3 - Construction Photographs

265

Area 51 Grit Washers

January 2, 2024

September 29, 2023

October through Dec ember 2023 PAGE 20

7.2 Attachment 3 - Construction Photographs

266

Area 64 Odor Control Area

January 2, 2024

September 29, 2023

October through Dec ember 2023 PAGE 2 1

7.2 Attachment 3 - Construction Photographs

267

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

December 12, 2023 (last photo available crane to be removed)

September 30, 2023

October through Dec ember 2023 P A G E 22

7.2 Attachment 3 - Construction Photographs

268

Area 52 Primary Clarifiers

January 2, 2024

September 29,2023

October through Dec ember 2023 P A G E 23

7.2 Attachment 3 - Construction Photographs

269

Area 52 Preliminary Effluent Pump Station

January 2, 2024

September 29, 2023

October through Dec ember 2023 P A G E 24

7.2 Attachment 3 - Construction Photographs

270

View of Areas 56 - Ongoing Work

December 31, 2023

September 30,2023

October through Dec ember 2023 P A G E 25

7.2 Attachment 3 - Construction Photographs

271

View Inside the Electrical Room for Area 56

January 2, 2024

September 29, 2023

October through December 2023 Page 26

7.2 Attachment 3 - Construction Photographs

272

View inside the Membrane Permeate Pump Room Area 56

January 2, 2024

September 29, 2023

October through December 2023 Page 27

7.2 Attachment 3 - Construction Photographs

273

Area 56 MBR Cartridge Trains

January 2, 2024

September 29, 2023

October through December 2023 Page 28

7.2 Attachment 3 - Construction Photographs

274

Area 56 Blowers Room

January 2, 2024

September 29, 2023

October through December 2023 Page 29

7.2 Attachment 3 - Construction Photographs

275

View of Area 80 – Ongoing Work

December 31, 2023

September 30, 2023

October through December 2023 Page 30

7.2 Attachment 3 - Construction Photographs

276

Area 80 Admin Building Exterior North elevation.

January 2, 2024

September 29, 2023

October through December 2023 Page 31

7.2 Attachment 3 - Construction Photographs

277

East Elevation

January 2, 2024

September 29, 2023

October through December 2023 Page 32

7.2 Attachment 3 - Construction Photographs

278

Area 80 Admin. Bldg. - South Elevation

January 2, 2024

September 29, 2023

October through December 2023 Page 33

7.2 Attachment 3 - Construction Photographs

279

Area 80 Admin. Bldg. - Operations Control Room

January2, 2024

September 29, 2023

October through December 2023 Page 34

7.2 Attachment 3 - Construction Photographs

280

Unisex Restroom

January 2, 2024

September 29, 2023

October through December 2023 Page 35

7.2 Attachment 3 - Construction Photographs

281

Area 80 Admin. Bldg. Laboratory

January 2, 2024

September 29, 2023

October through December 2023 Page 36

7.2 Attachment 3 - Construction Photographs

282

Reception Area

January 2, 2024

September 29, 2023

October through December 2023 Page 37

7.2 Attachment 3 - Construction Photographs

283

View of the Warehouse

December 29, 2023

September 29, 2023

October through December 2023 Page 38

7.2 Attachment 3 - Construction Photographs

284

Interior of the Warehouse

December 29, 2023

September 29, 2023

October through December 2023 Page 39

7.2 Attachment 3 - Construction Photographs

285

3 3
4 DATE: February 20, 2024

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

FROM: Andrew Brozyna, Public Works Director
Laura Gali, Engineering Manager
Paul Nagengast, Project Advisor, Regional Government Services DEPARTMENT: Public Works
SUBJECT: LEVEE IMPROVEMENTS PROJECT (CIP 327-657) – GENERAL UPDATE

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

EXECUTIVE SUMMARY
Staff will provide a verbal update of the latest Project activities at the City Council meeting. This report provides an update of Project progress and budget impacts with current expenditures detailed in an attached work sheet.

Highlights of Project progress and pictures, since the last City Council update on October 16, 2023, are included in the attached Construction Managers Report and listed below:
•The Project is very near final completion with a few outstanding items to be completed. Once all remaining punch list items have been completed, staff will recommend to the City Council final acceptance of the Project and the filing of the Notice of Completion with the County.

7.3 7.3 Staff Report

286

3 3
4 •Contract Change Order No. Thirty-Seven (CCO 37) addresses the removal of the sheet pile cut off walls and earthen slope remediation at Baffin Street and Egress bridges. On October 30, 2023, the City Manager executed CCO #37 directing the contractor to perform this work on a time and materials basis for a not-to-exceed amount of $250,000. On November 6, 2023, the City Council provided authorization to the City Manager to execute an increase to CCO #37 up to another $50,000. The change work was successfully completed in December 2023.

Shimmick submitted daily receipts for the change work which have been reviewed by TPI, the Project Advisor, and staff. City Council will be advised of the final cost accounting of the change order once negotiations are finalized. •The Project has achieved a major flood protection milestone: As of July 19, 2023, all of the flood protection elements for the project have been completed. The engineer of record for the Project, Schaff & Wheeler Consulting Civil Engineers prepared the required submittals to FEMA to meet the accreditation necessary for updating flood insurance rate maps (FIRM). The City’s Flood Plain Administrator signed off on the submittals in early January 2024. It is anticipated, based on recent experience with City of San Mateo, that FEMA’s review process may take several months and several iterations.
•The ribbon cutting ceremony to acknowledge the project completion and recognize this historic milestone, is scheduled for February 21, 2024. •The project corrosion consultant performed testing of the sheet pile wall for atmospheric corrosion, following the observation of mill scale spalling from the sheet piles. Mill scale is an extra surface layer of material that is formed during the metal forming process of the sheet pile. It is a normal occurrence for the layer to corrode and flake off over time when exposed to the environment. Initial test results suggest that the base steel of the piles are reacting as should be expected.

Monitoring for corrosion is an ongoing maintenance need and was planned for following the construction of the levee wall.
•The contracted Project work includes landscape maintenance over the first year following plant installation. Since the plants were installed at various stages during construction, approximately 50% of the annual plant maintenance has already been completed. The contract requires an escrow account be set up to cover the costs of continuing the remaining maintenance work over the first year of establishment. Staff is working with the contractor to establish this account before final completion.
•With construction nearing completion, Shimmick has demobilized its construction trailer and cleaned up the various staging areas used during construction. There are a number of post construction activities that will need to be completed following construction over the next few years. These include completing the easement acquisitions at the various access points of HOA properties; irrigation and landscaping repair and adjustments at adjacent HOAs; obtaining FEMA

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4 accreditation; post construction maintenance including 3 years of environmental monitoring; corrosion monitoring of the sheet pile wall (mentioned above); plant maintenance (mentioned above); and other miscellaneous closeout activities that may arise.

Current Schedule Timeline
Award of Contract: July 20, 2020
Notice to Proceed: September 28, 2020
Phase 1 Bay Trail Interim Milestone Date: March 27, 2023 Phase 2 Bay Trail Interim Milestone Date: May 31, 2023 (opened July 15, 2023; completed August 22, 2023)
Phase 3 Bay Trail Interim Milestone Date: July 31, 2023 (completed and opened October 6, 2023)
Project Substantial Completion: October 6, 2023
Project Completion: February 2024

PROJECT BUDGET AND COST/EXPENSES
The Project continues to remain within budget. The following is a summary of known costs to date:
•Total Budget/ Bond Measure/Funding Sources: Bond Measure = $90M; Bonds Issued = $90M; Additional City reserves for Project = $10M; $5M appropriated for Project. Total current appropriated Project funding = $95M. •Bid: Shimmick: $60.2M; Contract Amendment (CA): $3.2M; Contingency:
$9.3M ($287K remaining) for change orders.
•Payments as of 1/31/2024: Shimmick: $71.4M; Others: $20M; Total: $91.4M •Change Orders and Contract Amendment Approved as of 1/31/2024: CCO Nos. 1-36, 38 and 39 ($9M) and CA ($3.2M) = $12.2M

CALIFORNIA ENVIRONMENTAL QUALITY ACT
An Environmental Impact Report was prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012).

FISCAL IMPACT
There is no fiscal impact associated with this update. Any fiscal impacts to the Project will be presented to the City Council as a separate agenda item with a recommended action.

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

Attachment 1 - Monthly Construction Manager's Report January 2024 Attachment 2 - Expenditure Report as of January 31, 2024 Attachment 3 - Memorandum and Communications Metrics – January 2024 Dashboard Report

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MONTHLY CONSTRUCTION MANAGER’S REPORT
Foster City Levee Improvements Project
City Project No. CIP 301-657
Contractor: Shimmick Construction Co Report Period: January 1-31, 2024 CM: Tanner Pacific, Inc.

Designer: Schaaf & Wheeler
*
Note: estimates show exposure in excess of current contingency

7.3 Attachment 1 - Monthly Construction Manager's Report January 2024

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MONTHLY CONSTRUCTION MANAGER’S REPORT
Work Summary
Recently Completed:
• Defective site furnishings in IM3 (NONC 024)
• AP 9 sod replacement & site furniture installation near Bayside Towers • Restoration of work areas near Bridgeview Park
• Guardrail bowed tension post remediation (NONC 019)
• Final punch list work from ~Sta. 205+00 - 343+00 (Foster City Blvd to Southern Project Limit) • Final punch list work from ~Sta. 100+00 - 205+00 (Bridgeview Park to Foster City Blvd) • Final punch list work from ~Sta. 00 - 100+00 (San Mateo City Limit to San Mateo Bridge)

Upcoming:
• Project Closeout Documentation (Guarantee, Release of Claims & Request for Final Payment, Notice of Completion)
• AP 4 Concrete break results (Punch List Item No. 382) • AP 10 Bench installation near Bayside Towers
• Finalization/resolution of outstanding Change Order Requests (currently ~ 5 pending)

7.3 Attachment 1 - Monthly Construction Manager's Report January 2024

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MONTHLY CONSTRUCTION MANAGER’S REPORT
Monthly Progress Photos

AP -4 Punch List Work AP -9 Sod Replacement

Beach Park Blvd Punch L ist Wor k - Street Sign
Installation
Bridgeview Park Restoration / P unch List Work

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Levee Project Approved Budget: 95,000,000.00$
Vendor Name or Expense Consultant Role or Expense Category Base Contract Amount
Contingency Contract
Amendments
Current Contract
Authority
Amount
Total
Expected/Actual
Cost
Invoices Received
and Paid As Of
1/31/24
Contingency
Spent
Contingency
Remaining
Status
Shimmick Construction Construction Contractor 60,218,000.00$ 9,300,000.00$ 3,193,635.92$ 72,711,635.92$ 72,711,635.92$ $71,369,244.32 $9,013,396.45 $286,603.55 Active Tanner Pacific (TPI) Construction Management and Inspection 6,698,877.00$ 300,000.00$ 2,886,210.81$ 9,585,087.81$ 9,585,087.81$ $9,251,183.82 $300,000.00 $0.00 Active Schaaf & Wheeler (S&W) - Phase 3 Engineering Consultant 2,600,000.00$ -$ 1,756,745.00$ 4,356,745.00$ 4,356,745.00$ $4,339,801.92 N/A N/A Active Urban Planning Partners (UPP) Planning Consultant - EIR 340,404.00$ 51,061.00$ 70,099.00$ 461,564.00$ 461,564.00$ $448,178.79 $51,061.00 $0.00 Active Regional Government Services Authority (RGS) Project Advisory Services** 187,200.00$ -$ 147,420.00$ 334,620.00$ 384,620.00$ $331,311.50 N/A N/A Active Tripepi Smith (TS1) Communications / Outreach Consultant 49,000.00$ -$ 61,000.00$ 110,000.00$ $93,478.75 $93,478.75 N/A N/A Active Tripepi Smith (TS2) Communications / Outreach Consultant 127,056.00$ -$ -$ 127,056.00$ $98,928.44 $98,928.44 N/A N/A Active Tripepi Smith (TS3) Communications / Outreach Consultant 133,408.80$ 70,039.62$ 203,448.42$ 203,448.42$ $140,606.14 Huffman-Broadway Group (HBG) Environmental Consultant - Post Construction Environmental Monitoring
275,000.00$ 275,000.00$ $0.00 $0.00 $0.00 Future Contract Wilsey Ham (WH) RUNCO Survey 16,518.00$ -$ -$ 16,518.00$ 17,000.00$ $4,825.00 N/A N/A In Progress Wilsey Ham (WH) On-Call Surveyor 44,946.00$ 4,000.00$ 113,747.00$ 158,693.00$ 158,693.00$ $82,845.00 $4,000.00 $0.00 In Progress Bender Rosenthal, Inc. (BRI) Property Acquisition Consultant 218,083.00$ 31,000.00$ 249,083.00$ 249,083.00$ $92,085.64 $0.00 $31,000.00 In Progress JDH Corrosion Corrosion Monitoring - Post Construction for first 3 years
150,000.00$ 150,000.00$ $0.00
Plant Maintenance (parks) first 3 years - Loral Landscaping? 100,000.00$ 100,000.00$ $0.00 Landscape & Irrigation Issues with HOAs 100,000.00$ 100,000.00$ $0.00 FEMA Accreditation Design Team 50,000.00$ 50,000.00$ Miscellaneous Expenses Other Miscelleneous Expenses 100,000.00$ 100,000.00$ $112,948.46 Active Miscellaneous Expenses Communications / Outreach Expenses 40,000.00$ 40,000.00$ $24,401.02 Active Miscellaneous Expenses Fees Paid to Other Agencies 200,000.00$ 200,000.00$ $186,586.55 Active Miscellaneous Expenses Property Acquistion Cost of acquisition 100,000.00$ 100,000.00$ $0.00 In Progress Burke, Williams & Sorenson, LLP* City Attorney $ 590,000.00 $ 590,000.00 $537,493.75 Active TBWB Strategies (TBWB) Public Outreach 29,986.00$ 119,565.00$ 149,551.00$ $141,427.04 $141,427.04 Closed Rutan & Tucker (R&T) Attorney 53,874.86$ 53,874.86$ $53,874.86 $53,874.86 Closed EMC Research, Inc. (EMC) Public Opinion Research 44,000.00$ 2,500.00$ 46,500.00$ $46,500.00 $46,500.00 Closed SCI Consulting (SCI) Public Finance Consultant 110,000.00$ 110,000.00$ $37,168.72 $37,168.72 Closed Kitahata Company + William Euphrat Municipal
Finance, Inc. (KC&WE)
Public Finance Advisory Consultant 80,000.00$ 80,000.00$ $24,610.50 $24,610.50 Closed Stradling, Yocca, Carlson & Rauth (SYCR) Attorney - Bond Counsel 15,000.00$ 15,000.00$ $15,000.00 $15,000.00 Closed Huffman-Broadway Group (HBG) Environmental Consultant 20,000.00$ 20,000.00$ $19,980.65 $19,980.65 Closed Schaaf & Wheeler (S&W) - Phase 1 Engineering Consultant 887,644.00$ 887,644.00$ $887,430.58 $887,430.58 Closed Schaaf & Wheeler (S&W) - Phase 2 Engineering Consultant 2,324,286.00$ 529,150.00$ 2,853,436.00$ $2,853,649.42 $2,853,649.42 Closed Miscellaneous (MISC)- Keech Properties LLC Levee Mitigation Credits/Expenses 170,000.00$ 170,000.00$ $170,000.00 $170,000.00 Closed Chrisp Striping for Edgewater 16,764.55$ 3,000.00$ 19,764.55$ $15,818.40 $15,818.40 $3,000.00 Closed *Includes former City Attorney fees 74,385,048.21$ 9,689,061.00$ 94,290,744.51$ $91,379,379.27

ONGOING AND FUTURE

CONTRACTS AND EXPENSESMISCCLOSED CONTRACTS

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

CONSTRUCTION

7.3 Attachment 2 - Expenditure Report as of January 31, 2024

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City of Foster City

MEMORANDUM

DATE: Feb. 9, 2023

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Jennifer Nentwig, Principal, Tripepi Smith

SUBJECT: LEVEE IMPROVEMENTS PROJECT – COMMUNICATIONS METRICS

Tripepi Smith would like to share a final attached updated Levee Improvements Project Communications Dashboard Report with the Mayor and Members of the City Council. In the report, you will see that the metrics now reflect our communication efforts through the month of January 2024.

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

I would like to highlight a few items of note:

● In January 2024, there were eleven inquiries regarding the Levee Improvements Project. This was the same as th e previous month. Inquiries were largely comments regarding the open trail.

● Impressions and engagement for posts related to the Levee slightly increased compared to the previous month due . The highest-performing levee-specific post was about the notification of detour routes due to temporary construction restricting access to a portion of the bayside levee trail.

● In January 2024, there were no Levee-related media mentions.

As the City continues to work on punch list items to finalize construction, our team is finalizing social media updates and preparing the final editions of the construction newsletter to conclude in February 2024 . Tripepi Smith is coordinating with City staff so that the final construction update newsletter and the final social media post we develop will be ready for publication following an upcoming project completion celebration event.

7.3 Attachment 3 - Memorandum and Communications Metrics - January 2024 Dashboard Report

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(Note that Tripepi Smith support for the project is slated to conclude following the celebration event in February 2024.) The project team remains committed to keeping the community informed into the future by having all pertinent information available on the project website.

As you review the full report, please feel free to let me know If you have any final questions and I would be happy to walk you through the report one -on-on if that would be helpful.

On behalf of the Tripepi Smith team, thank you for the opportunity to serve as the City’s communications partner over the past several years to support the successful completion of the Levee Improvements Project.

7.3 Attachment 3 - Memorandum and Communications Metrics - January 2024 Dashboard Report

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Jan 2024 - Foster City Dashboard Report
January 2024

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Jan 2024 - Foster City Dashboard Report | 1 of 15
Included in this Report
@CityofFC City of Foster City, CA - Government

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February 20, 2024