Agenda packet — Foster City City Council, March 4, 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.

AMENDED
AGENDA
Monday, March 04, 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. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

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

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

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

5.1. City/EMID Regular Meeting Minutes of February 20, 2024

5.2. A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Execute Contract Amendment Number One to the Agreement with San Mateo Resource Conservation District Dated August 22, 2022, for the Compost Broker Program; and Find Contract Amendment Number One Exempt From Review Under the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(B)(3)
a) Staff Report
b) Adopt Resolution

6. REPORTS

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

6.2. General Plan Annual Progress Report (APR) and Housing Element APR for 2023, and Finding that Activity Covered by CEQA Guidelines Section 15061(b)(3) Common Sense Exemption
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

6.3. A Report on the "Taxpayer Protection and Government Accountability Act" a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

7. ORDINANCES FOR INTRODUCTION

7.1. An Ordinance of the City of Foster City, California, Adding a New Chapter

2.60, “Campaign Contribution Limits for Elective City Offices” to Title 2, “Administration and Personnel” of the Foster City Municipal Code to Establish Campaign Contribution Limits for City Elective Offices a) Staff Report
b) Action –
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading

8. COMMUNICATIONS

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

9.1. Request to Place an Item on a Future Agenda by Councilmember Jon Froomin Regarding Flavored Tobacco Revision

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. 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.

AMENDED
AGENDA
Monday, March 04, 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. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

5.1. City/EMID Regular Meeting Minutes of February 20, 2024

6. REPORTS

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

6.3. A Report on the "Taxpayer Protection and Government Accountability Act" a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

7. ORDINANCES FOR INTRODUCTION

7.1. An Ordinance of the City of Foster City, California, Adding a New Chapter

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on February 14, 2024
a) Information Item Only
b) No Action Required

9.1. Request to Place an Item on a Future Agenda by Councilmember Jon Froomin Regarding Flavored Tobacco Revision

10. CLOSED SESSION

10.2. 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.

AMENDED
AGENDA
Monday, March 04, 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. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

5.1. City/EMID Regular Meeting Minutes of February 20, 2024

6. REPORTS

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

6.3. A Report on the "Taxpayer Protection and Government Accountability Act" a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

7. ORDINANCES FOR INTRODUCTION

7.1. An Ordinance of the City of Foster City, California, Adding a New Chapter

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on February 14, 2024
a) Information Item Only
b) No Action Required

9.1. Request to Place an Item on a Future Agenda by Councilmember Jon Froomin Regarding Flavored Tobacco Revision

10. CLOSED SESSION

10.2. 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.

AMENDED
AGENDA
Monday, March 04, 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. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

5.1. City/EMID Regular Meeting Minutes of February 20, 2024

6. REPORTS

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

6.3. A Report on the "Taxpayer Protection and Government Accountability Act" a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

7. ORDINANCES FOR INTRODUCTION

7.1. An Ordinance of the City of Foster City, California, Adding a New Chapter

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on February 14, 2024
a) Information Item Only
b) No Action Required

9.1. Request to Place an Item on a Future Agenda by Councilmember Jon Froomin Regarding Flavored Tobacco Revision

10. CLOSED SESSION

10.2. 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.

AMENDED
AGENDA
Monday, March 04, 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. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

5.1. City/EMID Regular Meeting Minutes of February 20, 2024

6. REPORTS

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

6.3. A Report on the "Taxpayer Protection and Government Accountability Act" a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

7. ORDINANCES FOR INTRODUCTION

7.1. An Ordinance of the City of Foster City, California, Adding a New Chapter

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on February 14, 2024
a) Information Item Only
b) No Action Required

9.1. Request to Place an Item on a Future Agenda by Councilmember Jon Froomin Regarding Flavored Tobacco Revision

10. CLOSED SESSION

10.2. 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

REGULAR MEETING OF FEBRUARY 20, 2024

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS

The Regular Meeting of February 20, 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: Stefan Chatwin, City/District Manager; Denise Bazzano, Assistant City Attorney/District Legal Counsel ; Marlene Subhashini, Assistant City/District Manager; Sofia Mangalam, Community Development Director; Edmund Suen, Finance Director; Tracy Avelar , Police Chief; Derek Schweigart, Parks and Recreation Director; Andrew Brozyna, Public Works Director ; Laura Galli, Engineering Manager; Rob Lasky, IT Manager ; Joronica Vinluan, Social Media and Communications Assistant ; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk.

SPECIAL PRESENTATIONS

PRESENTATION OF CERTIFICATES OF RECOGNITION TO THE BOWDITCH MIDDLE SCHOOL 7TH GRADE GOLD BASKETBALL TEAM.

Mayor Sullivan presented the Certificates of Recognition to the Bowditch Middle School 7th Grade Gold Basketball Team.

CONSENT CALENDAR

5.1 5.1 Minutes

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

City/EMID Consent Calendar

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

2. Cit
y Resolution No. 2024-7, “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
-6
78)”;

3. Cit
y Resolution No. 2024-8, “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 Two
-Y
ear 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”;

4. Cit
y Resolution No. 2024-9, “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”;

5. City Resolution No. 2024-10, “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”; and

6. City Resolution No. 2024-11, “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: Exe mpt from CEQA Under Section 15061 (b)(3) and 15301(c) – Existing Facilities).”

ITEMS REMOVED FROM CONSENT CALENDAR

CITY/EMID SPECIAL MEETING MINUTES OF JANUARY 30, 2024.

Without objection from the City Council /EMID Board of Directors, Mayor /President Sullivan removed this item from the Consent Calendar at the request of Councilmember/Director Kiesel.

5.1 5.1 Minutes

7 Discussion ensued.

Motion by Councilmember/Director Kiesel, seconded by Councilmember/Director Froomin, and carried unanimously, 5- 0-0, approving the City/EMID Special Meeting Minutes of January 30, 2024, with the amendment stating that Vice Mayor/Vice President Jimenez adjourned the meeting.

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 RESOLUTION NO. 2024-12.

Without objection from the City Council, Mayor Sullivan removed this item from the Consent Calendar at the request of Councilmember Hindi.

Bart Pantoja, representing the San Mateo County Building and Construction Trades Council, and Moises Villeda, representing Carpenter’s Union Local 217, addressed the City Council in person.

Evan Adams addressed the City Council via teleconference.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Vice Mayor Jimenez, and carried unanimously, 5- 0-0, adopting City Resolution No. 2024- 12, “ 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) , with the addition that extra points will be given for prequalification to those who use local labor.

REPORTS

PARKS AND RECREATION COMMITTEE 2023 YEAR END REPORT, REVIEW OF MISSION STATEMENT, AND COMMITTEE GOALS FOR 202 4. MINUTE ORDER NO. 1959.

Parks and Recreation Director Schweigart introduced Parks and Recreation Committee Chair Fred Baer , who presented the 2023 Year End Report, Review of the Mission Statement, and Goals for 2024.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Mayor Sullivan, and carried unanimously, 5-0-0, adopting Minute Order No. 195 9, to receive and accept the Parks and Recreation Committee 2023 Year End Report, Review of Mission Statement, and Committee Goals for 2024.

5.1 5.1 Minutes

8 WASTEWATER TREATMENT PLANT MASTER PLAN IMPROVEMENTS PROJECT (CIP 455 -652) – CLEAN WATER PROGRAM – UPDATE FOR CALENDAR YEAR QUARTER FOUR – OCTOBER THROUGH DECEMBER 2023 . MINUTE ORDER NO. 1960.

Public Works Director Brozyna introduced Steve Tarantino, representing EKI Environment and Water, Inc., who presented the staff report.

Discussion ensued.

Motion by Director Froomin, seconded by Director Kiesel, and carried unanimously, 5-0- 0, adopting Minute Order No. 1960, to receive and accept the report on the Wastewater Treatment Plant Master Plan Improvements Project (CIP 455- 652) – Clean Water Program – Update for Calendar Year Quarter Four – October Through December 2023.

LEVEE IMPROVEMENTS PROJECT (CIP 327 -657) – GENERAL UPDATE . MINUTE ORDER NO. 1961.

Public Works Director Brozyna presented the staff report.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Councilmember Kiesel , and carried unanimously, 5-0-0, adopting Minute Order No. 1961, to receive and accept the Levee Improvements Project (CIP 327-657) – General Update.

COMMUNICATIONS

CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.

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.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS

Councilmember/Director Kiesel stated he looks forward to the Joint City Council/Planning Commission Special Meeting on March 20.

Councilmember/Director Hindi stated he attended the Bay Area Water Supply & Conservation Agency ( BAWSCA) meeting on January 18. On February 7, he attended the SFO Airport/Community Roundtable meeting, where he concluded his tenure as the Roundtable Chairperson.

5.1 5.1 Minutes

9 Vice Mayor/Vice President Jimenez stated she attended the San Mateo -Foster City School District Board meeting on January 25. On February 8, she attended the City/Council Association of Governments (C/CAG) Board meeting. On February 15, she attended the Commute.org Board meeting. On February 6, she attended the Parks and Recreation Committee meeting.

Mayor/President Sullivan stated he attended the Youth Advisory Committee meeting on February 7. On February 9, he met with Crystal Conway, Executive Director of the Foster City Chamber of Commerce, and they discussed opportunities for businesses. He looks forward to attending the Chamber of Commerce’s Small Business Council meeting on February 21.

CLOSED SESSION

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

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

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

3. Report Out from Closed Session.

Meeting recessed into Closed Session at 8:34 p.m. and reconvened at 9:54 p.m.

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

ADJOURNMENT

Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 9:54 p.m.

5.1 5.1 Minutes

10 5
6 0
DATE: March 4, 2024

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

FROM: Andrew Brozyna, Public Works Director
‘Andra Lorenz, Principal Management Analyst
DEPARTMENT: Public Works
SUBJECT: CONTRACT AMENDMENT NO. 1 TO THE AGREEMENT WITH

SAN MATEO RESOURCE CONSERVATION DISTRICT DATED
AUGUST 22, 2022, FOR THE COMPOST BROKER PROGRAM

RECOMMENDATION
It is recommended that the City Council authorize the City Manager to sign Amendment No. 1 to the Agreement with the San Mateo Resource Conservation District (RCD) dated August 22, 2022, to extend the agreement to May 1, 2026, and replace Exhibit A Scope of Work and Exhibit B Fee Schedule for the Compost Broker Program; and find Contract Amendment No. 1 exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3).

EXECUTIVE SUMMARY
The City is currently in a two-year agreement with the RCD for the Compost Broker Program, which expires on March 31, 2024 (“Agreement”). This program is funded through Local Assistance grant funds from the California Department of Resources Recycling and Recovery (CalRecycle) in an amount of $44,096 and is for the purpose of fulfilling the compost procurement requirements of SB 1383 and expanding the capacity of local compost markets.

Foster City has applied for and anticipates receiving non-competitive grant funding from CalRecycle for an additional two-year term. Staff recommends using a portion of this funding to continue to participate in the Compost Broker Program. In order to continue

5.2 5.2 Staff Report

11 5
6 0
participation, it is necessary to extend the contract with the RCD. Foster City’s share of the County-wide program for the upcoming two-year term (April 2024 through April 2026) is $54,709.04. Any additional grant funding will be used for direct compost procurement.

Contract Amendment No. 1 extends the Agreement with the RCD for the Compost Broker Program through May 1, 2026, and revises the scope of work based on lessons learned during the first contract term.

BACKGROUND
Passed in September 2016, SB 1383 established statewide methane emissions reduction targets in an effort to reduce emissions of short-lived climate pollutants. It includes statewide goals to reduce the disposal of organic waste and recover edible food for human consumption. Among the many regulations associated with SB 1383, all cities and counties must procure target amounts of recovered organic waste products such as compost, mulch, renewable energy from anaerobic digestion and electricity from biomass conversion. Realistically, however, the most typical way for a city to achieve its target is through procurement of compost and mulch. Foster City’s procurement target is 2,627 tons per year.

Public Resources Code sections 48000 et seq. authorize CalRecycle to administer various grant programs (grants) in furtherance of the State of California’s (State) efforts to reduce, recycle and reuse solid waste. In January 2022, CalRecycle offered its first round (Fiscal Year 2021-2022) SB 1383 Local Assistance Grant Program funding. These are non-competitive grants based upon population. Foster City applied for and received $47,314, most of which ($44,096) is currently being used to fund Foster City’s participation in a County-wide collaboration with the RCD.

Through the County-wide collaboration, Foster City contracts with the RCD to act as a direct service provider, procuring and applying compost to farm and rangeland in San Mateo County, identifying and developing additional partnership opportunities with the county’s agricultural communities to support our long term SB 1383 compliance, and assessing innovative compost procurement and application funding strategies to fund the program long-term while also purchasing and distributing compost in pursuit of the City’s target compost procurement requirement.

Since the Agreement with the RCD was under $50,000, it was signed by the City Manager in 2022 but because Contract Amendment No. 1 would cause the contract amount to exceed the City Manager’s authority, the amendment must be approved by the City Council.

ANALYSIS
The existing two-year Agreement with the RCD expires on March 31, 2024. In the meantime, Foster City has applied for and anticipates receiving non-competitive grant funding from CalRecycle for a new two-year term through 2026 in the amount of $75,000.

5.2 5.2 Staff Report

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The application specified that the funding was meant to be used to achieve compost procurement targets.

Staff is recommending that the City Council approve extending the Agreement with the RCD for an additional two-year term utilizing this funding. The proposed Contract Amendment No. 1 to the Agreement would be for Foster City’s share of the County-wide program which is $54,709.04. The remaining grant funding is specified to be used for the direct procurement of compost and mulch in furtherance of the SB 1383 recycled content products requirement.

Contract Amendment No. 1 is attached to this staff report. In summary, the proposed amendments are comprised of an extension of the contract term through May 1, 2026, an update of program costs to reflect the additional term, and revisions to the scope of work based on lessons learned during the first contract term. Most of the proposed changes to the scope are meant to make the reporting process easier and to increase the flexibility in the methods that can be used to meet Foster City’s goals to procure recycled content products (mulch and compost).

CALIFORNIA ENVIRONMENT QUALITY ACT
This Contract Amendment No. 1 to the Agreement is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

FISCAL IMPACT
The RCD Compost Broker Program is designed to expand the demand for local compost and mulch applications, which will help the City to achieve its recycled-content product procurement targets in the long term by increasing the outlet for these products and reducing transportation costs by keeping the product local. It has the potential to provide environmental benefits to the County and it utilizes $54,709.04 in grant funding to achieve these goals with no impact to the City’s General Fund.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Sustainability

ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Contract Amendment No.1
Attachment 3 - Agreement with Resource Conservation District Dated 8/22/2022

5.2 5.2 Staff Report

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6 RESOLUTION NO._________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 1

TO THE AGREEMENT WITH SAN MATEO RESOURCE CONSERVATION DISTRICT DATED AUGUST 22, 2022, FOR THE COMPOST BROKER PROGRAM; AND FIND

CONTRACT AMENDMENT NUMBER ONE EXEMPT FROM REVIEW UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(b)(3)

CITY OF FOSTER CITY
WHEREAS, the City is in a two-year agreement with the San Mateo Resource Conservation District (RCD) for the Compost Broker Program, which expires on March 31, 2024 (“Agreement”); and
WHEREAS, the Compost Broker Program is funded through Local Assistance grant funds from CalRecycle in an amount of $44,096 and is for the purpose of fulfilling compost procurement requirements of SB 1383 and expanding the capacity of local compost markets; and
WHEREAS, in order to continue to participate in the Compost Broker Program, it is necessary to extend the contract with the RCD for an additional two-year term through April 2026 for the additional amount of $54,709.04; and WHEREAS, Foster City has applied for and anticipates receiving non-competitive grant funding from CalRecycle that can be used for the Compost Broker Program.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does find that Contract Amendment No. 1 to the Agreement is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager to execute Contract Amendment No. 1 to the agreement dated August 22, 2022 with the San Mateo Resource Conservation District for the Compost Broker Program.

5.2 Attachment 1 - Resolution

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6 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 4th day of March, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
______________________________________

PRISCILLA SCHAUS, CITY CLERK

5.2 Attachment 1 - Resolution

15 FIRST AMENDMENT TO

VENDOR AGREEMENT FOR PRODUCTS AND/OR SERVICES
FOR

COMPOST BROKER PROGRAM
This FIRST AMENDMENT is entered into as of the 1st day of April, 2024, by and between the CITY OF FOSTER CITY, herein called the “City,” and the San Mateo Resource Conservation District, herein called the “VENDOR.” City and VENDOR shall be collectively referred to as the “Parties.”

RECITALS
Whereas, on August 22, 2022, CITY and VENDOR entered into an Agreement entitled Vendor Agreement for Products and Services for Compost Broker Program (“Agreement”) to provide development and coordination services in connection with a compost procurement and application program to assist the City of Foster City meet its recovered organic waste product procurement requirements under California Senate Bill 1383; and Whereas, CITY and VENDOR now desire to amend the Agreement to revise the agreement Scope of Services and Compensation.

AGREEMENT

1. Amendment. The Parties agree that the Agreement shall be amended as set forth below. a. Exhibit A “Scope of Services and Schedule for Compost Broker Program”.

The Parties agree that Exhibit A of the Agreement, Scope of Services, shall be deleted and replaced in its entirety with the Exhibit A-1, attached hereto and hereinafter incorporated by reference.
b. Exhibit B “Fee Schedule”.

The Parties agree that Exhibit B of the Agreement, Fee Schedule, shall be deleted and replaced in its entirety with the Exhibit B-1, attached hereto and hereinafter incorporated by reference.
c. Section 3 “Compensation; Expenses; Payment”.

Compensation. The compensation to be paid to VENDOR, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules set forth in this First Amendment. The total combined compensation for the Agreement and this First Amendment shall be increased by $54,710 for a maximum not to exceed amount of Ninety-Eight thousand and Six dollars ($98,806).

2. Agreement in Effect. All other provisions of the Agreement not specifically amended herein shall remain in full force and effect.
[Signatures on Next Page]

5.2 Attachment 2 - Contract Amendment No. 1

16 IN WITNESS WHEREOF, CITY and VENDOR have executed this First Amendment as of the date first written above.

CITY OF FOSTER CITY SAN MATEO RESOURCE CONSERVATION

DISTRICT
By: By:

Stefan Chatwin, City Manager Kellyx Nelson, Executive Director ATTEST:

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

By:

Benjamin L. Stock,
City Attorney

5.2 Attachment 2 - Contract Amendment No. 1

17 EXHIBIT A-1
SCOPE OF WORK and SCHEDULE FOR

COMPOST BROKER PROGRAM
Scope of Deliverables:

Deliverables under this agreement shall consist of education and outreach to expand demand for compost by local agricultural concerns, procurement of identified amounts of SB 1383-compliant compost and documentation of same as described in this Exhibit.

Scope of Services:

In consideration of the payments set forth in this agreement, San Mateo Resource Conservation District (“VENDOR”) shall provide the following services:

VENDOR shall develop and coordinate a compost procurement and application program that will assist the City of Foster City (“CITY") to meet its recovered organic waste product procurement requirements under CA Senate Bill 1383 (SB 1383). The program will consist of the following aspects:

1. Outreach & Technical Assistance:
oVENDOR shall conduct outreach to agricultural producers or other organizations such as but not limited to farmers, ranchers, landowners, open space districts, nonprofits, and universities about the compost procurement and application program established under this agreement, the benefits of compost use, and carbon farming. VENDOR shall translate any material created to conduct outreach to Spanish, and Simplified Chinese as needed. oVENDOR shall provide agricultural producers and other organizations with technical assistance to incorporate compost into their operations, such as soil sampling, identifying compost application rates, etc.
oVENDOR shall provide agricultural producers with information for funding opportunities for compost application, such as CDFA’s Healthy Soils Program and NRCS’s farm bill programs.

2. Compost Procurement
oVENDOR shall identify and recruit compost procurement and application projects for the compost procurement and application program established under this agreement that will help CITY meet its SB 1383 recovered organic waste procurement requirements. oVENDOR shall cover up to 75% of compost/hauling/spreading costs or provide funding as cost-share for other funding sources (whichever is less). If the program is oversubscribed, VENDOR shall develop a system for equitable distribution of compost or ranking system to identify projects.
oVENDOR shall track procurement credits attributed to CITY, and where necessary, shall ensure that a signed agreement between CITY and project owner/compost recipient is in place prior to the purchase of compost. This shall be done in order for CITY to claim SB 1383 procurement credit for procured compost in instances where VENDOR is not directly purchasing compost procured under this agreement.
oVENDOR shall procure high-quality compost that is eligible to count toward CITY SB 1383 procurement target as described in the CA Senate Bill 1383 regulations.

3. Record Keeping & Reporting
oVENDOR shall keep documentation proving that SB 1383 procurement credit attributed to CITY under this agreement is solely for the use of the CITY and not claimed by any other entity or jurisdiction for their SB 1383 reporting.

5.2 Attachment 2 - Contract Amendment No. 1

18 oVENDOR shall collect a release of liability waiver from all individuals who receive compost through the compost procurement and application program established under this agreement. VENDOR shall provide all signed waivers to CITY upon request. oVENDOR shall collect a photo release form from all individuals who receive compost through the compost procurement and application program established under this agreement allowing CITY to use photos taken under this agreement in public presentations, reports, or other outreach. VENDOR shall provide all signed forms to the CITY upon request.
oVENDOR shall take pictures and/or videos of compost application projects. oVENDOR shall calculate the net carbon sequestration associated with this agreement and attributed to the CITY.
oVENDOR shall provide CITY with all procurement records associated with this agreement and required for the CITY’s SB 1383 recycled organic waste procurement compliance recordkeeping and reporting.

4. Scaling Compost Procurement Opportunities
oVENDOR shall identify equipment and infrastructure necessary to increase compost use amongst agricultural producers in San Mateo County, provide cost estimates, and, if deemed necessary by the Contractor, design an equipment sharing program. oVENDOR shall explore innovative strategies for the jurisdictions within San Mateo County to provide ongoing funding for this program beyond the term of the CalRecycle SB 1383 local assistance grant.

5. Administration
oVENDOR shall submit invoices quarterly. CITY will receive at least 7.783% of the SB 1383 procurement credits associated with the contractor’s compost procurement. VENDOR shall procure a minimum of 1,275 tons of SB 1383 compliant compost on behalf of the City over the term of the agreement.
oEach quarterly invoice shall be accompanied by a progress report, which shall include updates on the Contractor’s outreach, technical assistance, and compost procurement and application efforts completed during the reporting period. The progress report may also include images of compost application projects for the jurisdiction to use in public reports, presentations, or other outreach.
oVENDOR shall submit a final report by March 1, 2026, summarizing all outreach, technical assistance, and compost procurement and application efforts completed through this agreement; all costs associated with the project; the SB 1383 procurement and carbon sequestration credit accredited to the CITY; and a summary of the needs, strategies, opportunities identified in Task 4, and any other relevant information.

6. Procurement Only Subcontractors
oCITY expressly authorizes VENDOR to subcontract with farmers, ranchers, nonprofits, and other organization to procure compost for application on land they own or manage (“Procurement Only Subcontractors”) in order to meet the Contractor’s requirements under this agreement and facilitate CITY’s compliance with its recovered organic waste product procurement requirements under SB 1383. VENDOR shall require Procurement Only Subcontractors to provide an executed release of liability form and executed photo release form prior to procuring any compost on Contractor’s behalf. VENDOR shall require all Procurement Only Subcontractors to provide VENDOR with all procurement records associated with Procurement Only Subcontractor’s compost procurement required for the CITY’s SB 1383 recycled organic waste procurement compliances recordkeeping and reporting. Under no circumstances shall VENDOR obligate the CITY to any financial obligation beyond the do not exceed amount for this agreement through subcontracting.

5.2 Attachment 2 - Contract Amendment No. 1

19 7. Additional Projects
oVENDOR shall identify projects that help CITY meet its SB 1383 recovered organic waste procurement requirements beyond compost procurement and application such as mulch procurement and application, composted mulch procurement and application, and/or other projects that help a jurisdiction to meet its procurement target. With written prior approval from CITY and agreement from Contractor, VENDOR shall carry out identified projects for this program if the cost of a project is comparable or less than compost application projects.

VENDOR shall collect a release of liability waiver and procurement records CITY requires for its SB 1383 procurement compliance from all individuals or organization who receive any material through the program established under this agreement.

Project Schedule
Activities commence upon the date of the original agreement and shall continue through May 1, 2026.

5.2 Attachment 2 - Contract Amendment No. 1

20 EXHIBIT B-1
VENDOR’S FEES and PAYMENT MILESTONES
Summary
The City of Foster City will receive at least 7.783% of the SB 1383 procurement credits associated with the contractor’s compost procurement and application program, and therefore will be responsible for Ninety- Eight thousand and Six dollars ($98,806), which is 7.783% of the total project cost of $1,269,470.88.

Project Payment Schedule
Milestone Amount of Payment
VENDOR shall submit invoices quarterly Based upon actual procurement Negotiated Indirect Cost Rate Agreement (NICRA): 44%
Position Title/Description Staff Name Cost Per Hour
Administrative Officer Lau Hodges $116
Biologist Cleopatra Tuday $101
Senior Conservation Program Manager Amy Kaeser $100
Conservation Program Manager Timothy Federal $90
Conservation Program Manager Eliza Milio $94
Conservation Program Specialist Sara Polgar $76
Conservation Project Coordinator Maaya Hensman $55
Senior Conservation Project Manager Kasey Butler $81
Forest Ecologist David Cowman $82
Conservation Project Manager Christina Kelleher $77
Conservation Project Manager Caileen Viehweg $73
Conservation Project Manager Doug Millar $74
Conservation Project Manager Eddie Sanchez $73
Senior Conservation Project Manager Grace Allen $73
Conservation Project Manager Erica Harris $82
Senior Conservation Project Manager Stephanie MacDonald $82 Conservation Project Manager Jeff Raifsnider $72
Director of Advancement Adria Arko $116
Director of Stewardship Joe Issel $137
Engagement Officer Barb Kipreos $94
Executive Director Kellyx Nelson $160
Santa Cruz Mountains Stewardship Network Manager Dylan Skybrook $90 Director of Water Resources Jarrad Fisher $133
Senior Conservation Technician Andrew Hall $82
Water Quality Program Manger Noah Katz $94
Conservation Project Associate Ainé Javier $52
Administrative Assistant Cesar Aguilar $56
Conservation Project Manager Ryan Silsbee $73

5.2 Attachment 2 - Contract Amendment No. 1

21 1 Updated 1/10/ 2022

VENDOR AGREEMENT FOR PRODUCTS AND/ OR SERVICES
FOR

COMPOST BROKER PROGRAM
This Agreement is made and entered into as of the _____ day of _______, 2022 by and between the City of Foster City hereinafter called " CITY" and San Mateo Resource Conservation District hereinafter called " VENDOR".

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

A. That CITY desires to engage VENDOR to provide a product and/ or services to the CITY;
B. That VENDOR is specially trained, experienced and competent to perform and has agreed to provide the product and/ or services to the CITY and; C. That the CITY has elected to engage VENDOR upon the terms and conditions as hereinafter set forth.

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

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

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

B. Product. The product to be supplied by VENDOR under this Agreement is set forth in Exhibit A which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.

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

VENDOR’s obligation to provide the product includes but is not limited to, the provision of all labor, equipment, materials, testing and any other DocuSign Envelope ID: 85E7297D- 2425- 4B99- A797- 542EBDF2BB54 August22

5.2 Attachment 3 - Agreement with Resource Conservation District Dated 8/22/2022

22 2 Updated 1/10/ 2022
required work or services or costs of any type incidental to the supply of the product.

2. Term; Termination. ( a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon the date enumerated in Exhibit A, delivery of the product or completion of performance of services hereunder by VENDOR, whichever date shall first occur.
b) Notwithstanding the provisions of ( a) above, CITY may with or without cause, direct VENDOR to suspend, delay or interrupt services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. c) CITY may terminate performance of the services under this Agreement in whole, or from time to time in part, for default, should VENDOR commit a material breach of this Agreement, or part thereof, and not cure such breach within ten ( 10) calendar days of the date of CITY’s written notice to VENDOR demanding such cure, in which case VENDOR shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. ( d) CITY may terminate performance of the services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case VENDOR shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. VENDOR shall continue its work throughout the course of any dispute, and VENDOR’s failure to continue work during a dispute shall be a material breach of this Agreement.

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

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum Forty- Four Thousand and Ninety Six Dollars ($ 44,096. 00). Invoices for amounts in excess of Forty- Four Thousand and Ninety Six Dollars ($ 44,096. 00) shall not be paid unless additional amounts have been approved in advance of supplying the product, performing the services or incurring the costs and expenses by CITY’s City Manager ( for contracts less than $ 50,000) or City Council ( for contracts $ 50, 000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon VENDOR meeting contract milestones as defined in DocuSign Envelope ID: 85E7297D- 2425- 4B99- A797- 542EBDF2BB54

5.2 Attachment 3 - Agreement with Resource Conservation District Dated 8/22/2022

23 3
Exhibit B. Billing shall include an itemized statement, briefly describing by task and labor category or cost/ expense items billed.

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

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

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

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

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

9. Schedule. VENDOR shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the delivery of products or performance of services occasioned by DocuSign Envelope ID: 85E7297D- 2425- 4B99- A797- 542EBDF2BB54

5.2 Attachment 3 - Agreement with Resource Conservation District Dated 8/22/2022

24 4
governmental reviews of VENDOR’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, VENDOR’s officers or employees.

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

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

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

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

12. Indemnity. To the fullest extent allowed by law, VENDOR hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury ( including, without limitation, economic harm, injury to or death of any person, including an employee of VENDOR or its Subcontractors), cost ( including, without limitation, costs and fees of litigation) of every nature, kind or description, at DocuSign Envelope ID: 85E7297D- 2425- 4B99- A797- 542EBDF2BB54

5.2 Attachment 3 - Agreement with Resource Conservation District Dated 8/22/2022

25 5
law or equity, which may be brought against, or suffered or sustained by, CITY or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of VENDOR, any Subcontractor, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the VENDOR shall meet and confer with other parties regarding unpaid defense costs.

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

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

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

13. Patent, Copyright and Trade Secret Indemnity.
a. VENDOR shall hold City, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the Agreement.
b. VENDOR may be required to furnish a bond to City against any and all loss, damage, costs, expenses, claims and liability for patent, copyright and trade secret infringement.
c. VENDOR, at its own expense, shall defend any action brought against City to the extent that such action is based upon a claim that the Products supplied by VENDOR or the operation of such Products pursuant to a current version of VENDOR supplied operating software infringes a patent or copyright or violates a trade secret.

VENDOR shall pay those costs and damages finally awarded against City in any such action. Such defense and payment shall be conditioned on the following:

DocuSign Envelope ID: 85E7297D- 2425- 4B99- A797- 542EBDF2BB54

5.2 Attachment 3 - Agreement with Resource Conservation District Dated 8/22/2022

26 6
i. That VENDOR shall be notified within a reasonable time in writing by City of any notice of such claim; and
ii. That VENDOR shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise, provided, however, that when principles of government or public law are involved, City shall have the option to participate in such action at its own expense. d. Should the Products, or the operation thereof, become, or in VENDOR’s opinion are likely to become, the subject of a claim of infringement of a patent or copyright or a trade secret, City shall permit VENDOR at its option and expense either to procure for City the right to continue using the Products, or to replace or modify the same so that they become non infringing. If none of these options can reasonably be taken, or if the use of such Products by City shall be prevented by injunction, VENDOR agrees to take back such Products and make every reasonable effort to assist City in procuring substitute Products. If, in the sole opinion of City, the return of such infringing Products makes the retention of other Products acquired from VENDOR under the Agreement impractical, City shall then have the option of terminating the Agreement, or applicable portions thereof, without penalty or termination charge.

VENDOR agrees to take back such Products and refund any sums City has paid VENDOR less any reasonable amount for use or damage.
e. VENDOR shall have no liability to City under any provision of this clause with respect to any claim of patent, copyright or trade secret infringement which is based upon.
i. The combination or utilization of Products furnished hereunder with equipment or devices not made or furnished by VENDOR; or
ii. The operation of equipment furnished by VENDOR under the control of any operating software other than, or in addition to, the current version of VENDOR supplied operating software; or
iii. The modification by City of the equipment of software furnished hereunder; or
iv. The combination or utilization of software furnished hereunder with non- VENDOR supplied software.
f. VENDOR certifies that it has appropriate systems and controls in place to ensure that City funds will not be used in the performance of the Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws.

14. Insurance. Prior to execution of this Agreement, VENDOR shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Agreement as set forth in EXHIBIT D, DocuSign Envelope ID: 85E7297D- 2425- 4B99- A797- 542EBDF2BB54

5.2 Attachment 3 - Agreement with Resource Conservation District Dated 8/22/2022

27 7
Insurance, which are attached and made a part of this Agreement.

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

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

15. WORKERS' COMPENSATION. VENDOR certifies that he is aware of the provisions of the Labor Code of the State of California which 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 VENDOR certifies that he will comply with such provisions before commencing the performance of the work of this agreemen t.

16. NON- DISCRIMINATION. The VENDOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The VENDOR will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The VENDOR 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 VENDOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause.

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404- 2299
Attention: ‘ Andra Lorenz, Principal Management Analyst Email Address: alorenz@fostercity. org
DocuSign Envelope ID: 85E7297D- 2425- 4B99- A797- 542EBDF2BB54

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VENDOR: San Mateo Resource Conservation District
80 Stone Pine Road, Suite 100
Half Moon Bay, CA 94019
Attention: Adria Arko, Senior Program Manager
Email Address: adria@sanmateorcd. org

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

19. Subcontracting. City expressly authorizes the VENDOR to subcontract with San Mateo County farmers, ranchers, or other organizations located in San Mateo County to procure compost for the purpose of facilitating the City’s compliance with its recycled organic waste product procurement requirements under California Senate Bill 1383 in accordance with Exhibit A of this agreement. Subcontractors only procuring compost in accordance with Exhibit A (“Procurement Only Subcontractors”) are exempt from the provisions in 14. Insurance, 5. Records, 13. Patent, Copyright and Trade Secret Indemnity, 20. Substitutions, and Exhibits D and F. Under no circumstances shall the VENDOR obligate City to any financial obligations beyond the do not exceed amount set forth in this agreement through subcontracting.

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

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

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

23. Packing and Shipment.
a. All Products shall be packed in suitable containers for protection in shipment and storage, and in accordance with applicable DocuSign Envelope ID: 85E7297D- 2425- 4B99- A797- 542EBDF2BB54

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

24. Transportation Costs and Other Fees or Expenses. No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by City unless expressly authorized by and itemized in the Agreement. Unless otherwise directed by City in writing, all Products and components thereof shall be delivered f.o.b. Point of Delivery. VENDOR shall select the means and methods of transportation.

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

VENDOR will keep records evidencing inspections and their result, and will make these records available to City during the Agreement performance and for three years after final payment. VENDOR shall permit City to review procedures, practices, processes and related documents to determine the acceptability of VENDOR’s quality assurance system or other business practices related to performance of the Agreement.
b. All Products may be subject to inspection and test by City or its authorized representatives.
c. VENDOR and its subcontractors shall provide all reasonable facilities for the safety and convenience of inspectors at no additional cost to City. VENDOR shall furnish to inspectors all information and data as may be reasonably required to perform their inspection. d. All Products may be subject to final inspection, test and acceptance by City, notwithstanding any payment or other inspection. e. City shall give written notice of rejection of Products delivered or Services performed within a reasonable time after receipt of such Products or performance of such Services. Such notice of rejection will state the respects in which the items do not substantially conform DocuSign Envelope ID: 85E7297D- 2425- 4B99- A797- 542EBDF2BB54

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to their specifications. If City does not provide such notice of rejection within thirty ( 30) days of delivery, unless otherwise specified in the Agreement, such Products and Services will be deemed to have been accepted. Acceptance shall not be construed to waive any warranty rights that City might have at law or by express reservation in the Agreement with respect to any nonconformity, or any other rights provided by law.

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

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

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

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

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

31. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce DocuSign Envelope ID: 85E7297D- 2425- 4B99- A797- 542EBDF2BB54

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any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

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

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

34. Submission of Bid. Pursuant to Government Code Sections 4552, 4553, and 4554, the following provisions are incorporated herein. a. In submitting a bid to City, VENDOR offers and agrees that if the bid is accepted, it will assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act 15 U.S.C. 15) or under the Cartwright Act ( Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of products, material, or services by the VENDOR for sale to City pursuant to the solicitation.

Such assignment shall be made and become effective at the time City tenders final payment to the VENDOR.
b. If City receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from City any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by City as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.

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c. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and i. The assignee has not been injured thereby, or
ii. The assignee declines to file a court action for the cause of action.

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

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

37. Entire Agreement. This Agreement, including Exhibits A, B C, D, E and F, comprises the entire Agreement.

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

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

Dated: ________________________________ Priscilla Schaus, City Clerk
By: Yelena Cappello, Deputy City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney
VENDOR
Dated:

Kellyx Nelson, Executive Director
DocuSign Envelope ID: 85E7297D- 2425- 4B99- A797- 542EBDF2BB54 8/ 20/ 2022 | 6: 03 PM PDT
8/ 22/ 2022 | 7: 02 AM PDT
8/ 22/ 2022 | 9: 40 AM PDT
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EXHIBIT A
SCOPE OF WORK and SCHEDULE
FOR

COMPOST BROKER PROGRAM
Scope of Deliverables:

Deliverables under this agreement shall consist of education and outreach to expand demand for compost by local agricultural concerns, procurement of identified amounts of SB 1383- compliant compost and documentation of same as described in this Exhibit.

Scope of Services:

In consideration of the payments set forth in this agreement, San Mateo Resource Conservation District (“ VENDOR”) shall provide the following services:

VENDOR shall develop and coordinate a compost procurement and application program that will assist the City of Foster City (“City”) to meet its recovered organic waste product procurement requirements under CA Senate Bill 1383 ( SB 1383). The program will consist of the following aspects:

1. Outreach & Technical assistance:
o VENDOR shall conduct outreach to agricultural producers such as farmers, ranchers, and landowners about the compost procurement and application program established under this agreement, the benefits of compost use, and carbon farming. VENDOR shall translate any material created to conduct outreach to Spanish and Simplified Chinese as needed. o VENDOR shall provide agricultural producers throughout the County with technical assistance to incorporate compost into their agricultural operations, such as soil sampling, identifying compost application rates, etc. o VENDOR shall provide agricultural producers with information for funding opportunities for compost application, such as CDFA’s Healthy Soils Program and NRCS’s farm bill programs.

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o VENDOR shall track procurement credits attributed to the City, and where necessary, shall ensure that a signed agreement City and project owner/ compost recipient is in place prior to the purchase of compost. This shall be done in order for City to claim SB 1383 procurement credit for procured compost in instances where the VENDOR is not directly purchasing compost procured under this agreement.
o VENDOR shall procure high- quality compost that is eligible to count City SB 1383 procurement target as described in the CA Senate Bill 1383 regulations, including Cal. Code Regs. title 14 §§ 18993. 1 – 18993. 4.

3. Record Keeping & Reporting
o VENDOR shall keep documentation proving that SB 1383 procurement credit attributed to City under this agreement is solely for the use of the City and not claimed by any other entity or jurisdiction for their SB 1383 reporting.
o VENDOR shall collect an executed release of liability waiver from all individuals who receive compost through the compost procurement and application program established under this agreement. VENDOR shall provide all executed waivers to City upon request.
o VENDOR shall collect an executed photo release form from all individuals who receive compost through the compost procurement and application program established under this agreement allowing City to use photos taken under this agreement in public presentations, reports, or other outreach.

VENDOR shall provide all executed forms to the City upon request. o VENDOR shall document compost application projects photos and/ or videos footage.
o VENDOR shall calculate the net carbon sequestration associated with this agreement and attributed to the City.
o VENDOR shall provide City with all procurement records associated with this agreement and required for the City’s SB 1383 recycled organic waste procurement compliance recordkeeping and reporting.

4. Scaling Compost Procurement Opportunities
o VENDOR shall identify equipment and infrastructure necessary to increase compost use among agricultural producers in San Mateo County, provide cost estimates, and, if deemed necessary by the VENDOR, design an equipment sharing program.
o VENDOR shall explore innovative strategies for the jurisdictions within San Mateo County to provide ongoing funding for this program beyond the term of the CalRecycle SB 1383 local assistance grant.

5. Administration
o Foster City shall receive at least 7.783% of the SB 1383 procurement credits associated with the contractor’s compost procurement and application program. VENDOR shall procure a minimum of 638. 281 tons of DocuSign Envelope ID: 85E7297D- 2425- 4B99- A797- 542EBDF2BB54

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SB- 1383 compliant compost on behalf of the City over the term of the agreement.
o Each quarterly invoice shall be accompanied by a progress report, which shall include updates on the VENDOR’s outreach, technical assistance, and compost procurement and application efforts completed during the reporting period. The progress report may also include images of compost application projects for the jurisdiction to use in public reports, presentations, or other outreach.

6. Procurement Only Subcontractors
o City expressly authorizes VENDOR to subcontract with San Mateo County farmers, ranchers, and other organizations located in San Mat eo County to procure compost for application on land they own or manage (“Procurement Only Subcontractors”) in order to meet the VENDOR’s requirements under this agreement and facilitate the County’s compliance with its recovered organic waste product procurement requirements under SB 1383.

VENDOR shall require Procurement Only Subcontractors to provide an executed release of liability form and executed photo release form prior to procuring any compost on the contractor’s behalf. VENDOR shall require all Procurement Only Subcontractors to provide VENDOR with all procurement records associated with the Procurement Only Subcontractor’ s compost procurement required for the County’s SB 1383 recycled organic waste procurement compliance recordkeeping and reporting. Under no circumstances shall VENDOR obligate the City to any financial obligations beyond the do not exceed amount for this agreement through subcontracting.

Project Schedule
Activities commence upon execution this agreement in coordination with execution of agreement with other participating agencies and shall continue through March 31, 2024.

Half of compost procured under this agreement shall be procured by December 31, 202 2, and half of the compost procured under this agreement shall be procured between January 1 and December 31, 2023.

VENDOR shall submit a final report by January 30, 2024, summarizing all outreach, technical assistance, and compost procurement and application efforts completed through this agreement; all costs associated with the project; the SB 1383 procurement and carbon sequestration credit accredited to the City; and a summary of the needs, strategies, opportunities identified in Task 4, and any other relevant information.

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EXHIBIT B
VENDOR’ S FEES and PAYMENT MILESTONES
Summary
The City of Foster City will receive and therefore will be responsible for $ 44,096. 00 total over the agreement term, which is 7.783% of the total two- year project contract cost of 566, 540. 88.

Project Payment Schedule
Milestone Amount of Payment
VENDOR shall submit invoices quarterly Based upon actual procurement DocuSign Envelope ID: 85E7297D- 2425- 4B99- A797- 542EBDF2BB54

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EXHIBIT C
ADDITIONAL TERMS and CONDITIONS
None
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EXHIBIT D

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

This is an Exhibit to, and made a part of and incorporated by referen ce to the Agreement dated Date of Agreement, by and between Vendor Name, hereinafter referred to as " Vendor”, and the City of Foster City, hereinafter referred to as " City", providing for professional services.

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

1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance ( specifically concerning the indemnity provisions of this Agreement with the City ), liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury ( including bodily injury and death), and Property Damage for liability arising out of Vendor' s performance of services under this Agreement. The Commercial General Liability insurance shall co ntain no exclusions or limitation for independent contractors working on the behalf of the named insured. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million, five hundred thousand dollars ($ 2,500, 000) each occurrence and two million, five hundred thousand dollars ($ 2,500, 000) aggregate.

Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “ City of Foster City, its Council members, officials, agents, officers, and employees”.

Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury ( including bodily injury and death) and Property Damage covering any vehicle and/ or all owned, leased, hired and non- owned vehicles used in the performance of Services pursuant to this Agreement with coverage DocuSign Envelope ID: 85E7297D- 2425- 4B99- A797- 542EBDF2BB54

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equal to the policy limits, which shall be at least two million dollars ($ 2,000, 000) each occurrence.

W orkers' Compensation Insurance
VENDOR shall submit written proof that VENDOR is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.

VENDOR shall require any Subcontractors to provide workers' compensation for all of the Subcontractors' employees, unless the Subcontractors' employees are covered by the insurance afforded by VENDOR. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, VENDOR shall provide and/ or require each Subcontractor to provide adequate insurance for the coverage of employees not otherwise covered. Vendor shall also maintain employer' s liability insurance with limits of one million dollars ($ 1,000, 000) for bodily injury or disease.

Professional Liability Insurance
Professional Liability ( Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($ 5,000, 000) per occurrence and five million dollars ($ 5,000, 000) aggregate.

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

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

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

3. Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by Vendor shall be maintained until the completion of all of Vendor' s obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by Vendor shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten ( 10) days written notice by Vendor in DocuSign Envelope ID: 85E7297D- 2425- 4B99- A797- 542EBDF2BB54

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the case of non- payment of premiums, or thirty ( 30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein. Vendor shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non- renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

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

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

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

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

3.6 Failure by Vendor to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Vendor. City, at its sole option, may terminate this Agreement and obtain damages from Vendor resulting from said breach.

Alternatively, City may purchase such required insurance coverage, and without further notice to Vendor, City shall deduct from sums due to Vendor any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Vendor pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Vendor agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Vendor of its obligation to obtain and maintain the insurance coverages required by this Agreement.

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

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

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ATTACHED

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

Named Insured: Effective Work Date( s):

Description of Work/ Locations/ Vehicles:

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

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

Other:

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

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

Professional Liability:

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

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

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

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

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

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

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ___________________________________________________________( print/ type name), warrant that I have authority to bind the above- named insurance company and by my signature hereon do so bind this company.

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

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

DocuSign Envelope ID: 85E7297D- 2425- 4B99- A797- 542EBDF2BB54

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EXHIBIT E
SPECIAL TERMS and CONDITIONS
None
DocuSign Envelope ID: 85E7297D- 2425- 4B99- A797- 542EBDF2BB54

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EXHIBIT F
COVID- 19 AMENDMENT/ ATTACHMENT
Vendor Agreement Form)
This COVID- 19 Amendment/ Attachment amends the Agreement between City of Foster City (“ City”) and San Mateo Resource Conservation District (“ Vendor”) dated

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

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

C. A “COVID- 19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID- 19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/ OSHA, including without limitation the Cal/ OSHA COVID- 19 Prevention Emergency Temporary Standards. Vendor acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Vendor’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID- 19 Proclamations, the Vendor shall follow the most applicable, restrictive and newest COVID- 19 Proclamations.

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

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

2. COVID- 19 Conditions and Proposal. Vendor is expected to know and is deemed to have known about COVID- 19 Conditions when it submits its proposal, and COVID- 19 Conditions must be accounted for in the Vendor’s price and schedule. In order to be DocuSign Envelope ID: 85E7297D- 2425- 4B99- A797- 542EBDF2BB54

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entitled to any relief from a COVID- 19 Condition, the Vendor must demonstrate that the issue, cost or delay is due to an Unknown COVID- 19 Condition.

3. Compliance with COVID- 19 Proclamations.

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

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

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

5. City Directed Suspension. The City may suspend Services due to COVID- 19 health concerns, even though the Vendor may be allowed to proceed with the Services based on COVID- 19 Proclamations. The City may suspend the Services for its convenience.

The Vendor is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Vendor incurs increased costs that are Unknown COVID- 19 Costs.

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

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

8. Monitoring and Reporting. City may require the Vendor to actively monitor the health of its workers through temperature checks and questionnaires of major COVID -19 symptoms, including but not limited to cough, fever above 100. 4 degrees Fahrenheit and shortness of breath. Vendor shall immediately report to City any outbreaks of COVID -19 among its workers. The Vendor shall not knowingly allow any worker who has tested positive with COVID- 19 to enter a City building. In the event of an outbreak or an exposure DocuSign Envelope ID: 85E7297D- 2425- 4B99- A797- 542EBDF2BB54

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to COVID- 19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.

9. Conflicts. In the event of an inconsistency between this COVID -19 Amendment and the Agreement, this Addendum shall control.

IN WITNESS WHEREOF, the City and Vendor have executed this Covid- 19 Amendment as of the date set forth above.

VENDOR: CITY:

Kellyx Nelson, Executive Director Stefan Chatwin, City Manager DocuSign Envelope ID: 85E7297D- 2425- 4B99- A797- 542EBDF2BB54

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DATE: March 4, 2024

TO: Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City/District Manager

FROM: Edmund Suen, Finance Director
Waqas Hassan, Assistant Finance Director
DEPARTMENT: Finance
SUBJECT: AUDIT COMMITTEE'S 2023 YEAR END REPORT, REVIEW OF MISSION STATEMENT, AND GOALS FOR 2024

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors, by Minute Order, accept the Audit Committee’s 2023 Year End Report, Mission Statement, and Goals for 2024.

EXECUTIVE SUMMARY
It is recommended that the City Council/EMID Board of Directors, by Minute Order, accept the Audit Committee’s 2023 Year End Report, Mission Statement, and Goals for 2024.

BACKGROUND
The Audit Committee has prepared a written Year-End Report for 2023, as well as Goals for 2024 and reviewed its Mission Statement for the City Council/EMID Board’s review and acceptance.

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ANALYSIS
Pursuant to Minute Order No. 802, each citizen advisory committee shall 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 at a City Council meeting in the first quarter of each calendar year.

The Audit Committee’s Mission Statement for 2024 is unchanged from 2023 and is as follows: To provide insights, advice and support into audit, governance, and other relevant fiscal matters appropriate to the oversight, operational and fiduciary responsibilities of the City Council and the Estero Municipal Improvement District Board of Directors.

The current members of the Audit Committee are in the second year of its 3-year term.

In Calendar Year 2024, the committee shall continue to seek input and requests for areas of interests to work on from the City Council. In calendar year 2024, the Committee shall review the year’s annual audit process and the City’s draft financial statements for fiscal year ending 2024, and recommend, if any, a directed study to be performed by the Independent Auditors ancillary to their audit.

It is recommended that the City Council/EMID Board, by Minute Order, accept the Audit Committee’s 2023 Year End Report, Mission Statement, and Goals for 2024.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
There is no fiscal impact for this item.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement

ATTACHMENTS
Attachment 1 - Audit Committee 2023 Year-End Report and Goals for 2024

6.1 6.1 Staff Report

50 2023 Audit Committee accomplishments
My name is Audie Chang, a member of the Foster City Audit Committee. I have been asked to prepare and present a report on the Audit Committee’s accomplishments in the calendar year 2023. The other members of the Audit Committee are Michael Barry, Bob Buyers, Falgoon Desai and Vijay Dodd.

Selection of Independent Auditors
In addition to its regular meetings, the Audit Committee held two special meetings in February and March 2023, to help select a CPA firm to be Foster City’s independent Auditors. In January 2023, the Finance Staff issued a request for proposal (RFP) and directly contacted seven qualified CPA firms, in addition to posting the RFP on Foster City’s and California Society of Municipal Finance Officer’s (CSMFO) website. Audit proposals were submitted by five CPA firms. The Committee, together with the Finance Staff, reviewed, evaluated, and ranked the proposals for competency, experience, cost, and size of each firm. After detailed discussions, the Committee decided to invite two finalist firms to be interviewed publicly. Following the interviews, the Committee recommended Badawi & Associates to the City Council to be selected as Foster City’s Independent Auditors for fiscal years ending June 2023, 2024, and 2025. It should be noted that Finance staff member Waqas Hassan was especially helpful in contacting qualified CPA firms, gathering the necessary information, and supporting the review process in a very professional manner.

Audit Plan Discussion
The Committee began the first regular meeting of the year in April by discussing the audit plan submitted by Badawi & Associates for the fiscal year ending June 2023. This included a review of the scope and objectives of the audit, background of auditors assigned to the audit, as well as the identification of high-risk areas that would require special attention. The Committee noted that extra work and support from the Finance staff would be necessary as this is the first year Badawi & Associates has taken over the audit from Foster City’s previous auditors, Maze and Associates.

Review of Completed Audit
In November 2023, the Committee reviewed the draft audit report and financial statements presented by the Independent Auditors. The report included findings on the City's operating results, financial position, compliance with applicable laws and regulations, and the effectiveness of internal controls. The Committee noted Foster City received a clean audit opinion with no material weaknesses and recommended the audit report and financial statements be approved by the City Council. The Committee and Independent Auditors commended the City’s finance team for their diligent work and effective management of the City's financial resources.

6.1 Attachment 1 - Audit Committee 2023 Year-End Report and Goals for 2024

51 Below is a summary of documents reviewed during the calendar year 2023.

Financial Matter Finding and Recommendations
FY 2022-23 Foster City/Estero
Municipal Improvement District
Draft ACFR
As per the auditors’ recommendation, the City/District
recorded certain prior period adjustments which the
Committee reviewed and confirmed.

Measure A Report None Noted
Measure W Report None Noted
FY 2023-24 Appropriations Limit None Noted
Report on Internal Control over
Financial Reporting and on
Compliance and Other Matters
No material weakness noted.

Auditor’s Communication with
Those Charged with Governance
No adjustment was recorded.

Mission Statement
The Committee determined the existing mission statement continues to be valid, that is: “To provide insights, advice and support into audit, governance, and other relevant fiscal matters appropriate to the oversight, operational and fiduciary responsibilities of the City Council and the Estero Municipal Improvement District Board of Directors.” Calendar Year 2024 Goals
The goals for 2024 were updated as follows: “The Committee shall continue to seek input and requests for areas of interests to work on from the City Council. In calendar year 2024, the Committee shall review the year’s annual audit process and the City’s draft financial statements for fiscal year ending 2024, and recommend, if any, a directed study to be performed by the Independent Auditors ancillary to their audit”.

Conclusion
In conclusion, the Audit Committee had a productive year which included two special meetings to help select Foster City’s independent auditors for the years 2023, 2024 and 2025.

The Committee continues to express confidence in the Fnance team's competency and efforts to manage the City's finances and accounting effectively and transparently and looks forward to continuing its oversight role in the future.

I would also like to thank the City's finance team, in particular, Director Edmund Suen and Assistant Director Waqas Hassan, for their support of the Committee’s work on behalf of Foster City.

6.1 Attachment 1 - Audit Committee 2023 Year-End Report and Goals for 2024

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DATE: March 4, 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
Helen Gannon, Associate Planner
DEPARTMENT: Community Development
SUBJECT: GENERAL PLAN AND HOUSING ELEMENT ANNUAL
PROGRESS REPORT FOR 2023

RECOMMENDATION
It is recommended that the City Council, by Minute Order, accept the General Plan Annual Progress Report (APR) and Housing Element APR for 2023, authorize its transmittal to the California Governor’s Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD), and find the report exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15061(b)(3).

EXECUTIVE SUMMARY
California Government Code 65400 requires each jurisdiction to prepare an annual report on the status of the General Plan progress and provide information regarding the implementation of the General Plan for their city or county, including the Housing Element.

The APR includes information for decision-makers to assess how the General Plan was implemented during the 12-month reporting period.

On February 15, 2024, the Planning Commission received the General Plan APR and Housing Element APR and recommended the City Council’s acceptance of the APR by Resolution No. P-01-24. Following Council’s acceptance of the APR, the report will be filed with OPR and HCD before April 1, 2024.

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BACKGROUND
California Government Code 65400 requires that after the legislative body (City Council) has adopted all or part of a General Plan, the planning agency (Planning Commission) shall review an annual report on the status of the General Plan progress and its implementation and provide the report to the legislative body. The APR is then forwarded to the California Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD) by April 1 of each year. The Government Code also includes specific requirements for information about the status of Housing Element programs and progress in meeting its share of the Regional Housing Need Allocations (RHNA) issued by the Association of Bay Area Governments (ABAG).

On February 15, 2024, staff presented the General Plan and Housing Element APR for 2023 to the Planning Commission. The Planning Commission voted 4-0-1 (1 absent) recommending the City Council’s acceptance of the General Plan APR and Housing Element APR for 2024. See Planning Commission Resolution No. P-01-24 (Attachment 1).

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

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

As discussed above, the APR is due to HCD by April 1 of each year. This year’s APR evaluates the status of the implementation programs and housing production for the time period between January 1, 2023, and December 31, 2023.

The attached Table (Attachment 2) comprises the General Plan APR and provides a brief summary of the status of the General Plan and the implementation programs contained in each General Plan Element. The status of the Housing Element implementation is part of the General Plan Annual Report reported in the table format required by HCD (Table D in Attachment 3).

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Highlights of accomplishments in the implementation of General Plan programs in 2023 are included below with the corresponding references to the General Plan Element Implementation Program:
• Land Use & Circulation Element
In 2023, the City launched a number of initiatives to address land use & circulation. oPeriodic Monitoring of Land Uses Throughout the City - In 2023, the Planning Commission approved a new Research and Development building at 331 Lakeside Drive. Furthermore, in 2023, some progress was made on the Lantern Cove proposal, a project proposing 420 new units (356 net new units) at 244 Rock Harbor Lane. (LUC-C-12-a) oRe-evaluate parking requirements in the Zoning Ordinance – On December 18, 2023, the City Council approved amendments to the Municipal Code to reduce guest parking requirements by 50% to ensure that they do not unnecessarily increase the cost of developments or promote a surplus of parking. (LUC-G-1-a)
oGreen Building Guidelines and Incentives – In 2023, the City improvised and streamlined the “Express Plan Review” for all Solar and Electric Vehicle Charging permits. A total of 148 solar permits and 30 EV Charging electrical permits were issued and a total of 12 solar rebates were issued in 2023. (LUC-H-1-a)
oClimate Action Plan (CAP) – After extensive community outreach and input, the Draft 2023 Foster City Climate Action Plan Update was completed in November 2023. Staff gave a presentation on the Draft CAP to the Citizens Sustainability Advisory Committee on January 10, 2024.

The five-year plan includes measures and actions to help reach a 49% reduction in Greenhouse Gas (GHG) emissions below 2005 levels. (LUC- H-2-a)
oWastewater Systems Improvement – Foster City continued working with the City of San Mateo to construct improvements at the jointly owned wastewater treatment plant (WWTP). The startup and commissioning of new treatment facilities are targeted to be completed by the summer of 2024, followed by the retrofit of existing facilities and commissioning of the integrated WWTP by the end of 2024. (LUC-L-13-a).
• Parks and Open Space Element
oSpecial Events – In 2023, the City hosted its traditional events including Fourth of July Celebration, Summer Concert Series, and Halloween Festival. Summer Days also returned for a three-day festival featuring carnival rides, music, food trucks, and a car show. (PC-y). oParks Facilities Plan and Improve Facilities – The City Council approved a contract with Group 4 Architecture to help lead the effort to rebuild the Foster City Recreation Center. A Planning Commissioner was selected for the Joint Parks and Recreation/Planning Commission Committee and

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full design discussion began in the first quarter of 2023. At the regular City Council meeting on May 15, 2023, the City Council confirmed the preferred conceptual two-story building design and in September 2023, the schematic design was approved. On November 16, 2023, the Planning Commission adopted a Mitigated Negative Declaration (MND) and approved the Use Permit Modification for the construction of an approximately 40,000-square-foot Recreation Center. Also, staff developed a Request for Proposals (RFP) for the Parks Master Plan project consultant that was approved by the City Council at their regular meeting on December 18, 2023. The RFP was published in January 2024. (LUC-L-5-a & PC-d)
oSource Reduction and Recycling Element – In 2023, the City continued to implement source reduction and recycling activities and programs in accordance with State regulations. The City meets current state- established targets for waste reduction and diversion (C-t). • The City partnered with Recology and RethinkWaste to provide a robust education and outreach campaign to all customers and especially customers who were not in compliance with new cart requirements, regarding new organics recycling requirements of SB 1383.
• Local Hazard Mitigation Plan & Safety Element
oSafety Element Update – On August 21, 2023, City Council adopted the updated 2023 Safety Element.
oLevee Protection Planning and Improvements – In 2023, the contractor for the Levee Protection Planning and Improvements Project (awarded in 2020) achieved the following milestones:
• Phase 1 Milestone (Port Royal Avenue to Shorebird Park):

Access Restored Late March 2023
• Phase 2 Milestone (Shorebird Park to San Mateo Bridge):

Access Restored Mid-July 2023
• Phase 3 Milestone (North of San Mateo Bridge): Access Restored Mid-October 2023
The Levee Project is designed to be resilient to the year 2050-2080. (S- A-2-a)
•Crime Prevention/Education – In 2023, the Police Department (PD) continued to provide various crime prevention programs to educate and involve the community (S-D-4-a).
oSocial Media - In 2023, social media was used to provide crime alerts, crime prevention tips, traffic information and safety tips to the Foster City community. Residential and Commercial Crime Prevention Through Environmental Design (CPTED) surveys were conducted.

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oCoffee with a Cop forum was held on April 25, 2023.
oNational Night Out was celebrated on August 1, 2023, to build relationships with the Foster City community.
oOpen House was held on October 7, 2023. Scheduled tours of the communication center, booths set up to allow people to try on SWAT gear, and officers allowing members of the public to sit in patrol vehicles/motorcycles are provided at the Open House in order to give transparent information to the public regarding different functions of the Police Department.
oFoster City Civics Academy – PD presented at the Foster City Civics Academy on October 11, 2023. PD provided an overview of the Department and the services provided and gave a tour of the Police Station. oIn 2023, Drake, the Service Dog, attended 51 events where he provided a comforting and calming presence to people in need, greeted citizens, and strengthened bonds, relationships, and trust.
•Housing Element – Housing Element 2023-31 was adopted by the City Council on May 22, 2023. The City received notification from the Department of Housing and Community Development (HCD) on February 2, 2024, that the proposed revisions to the Housing Element meet the statutory requirements of State Housing Element Law. The proposed revisions to the Housing Element will be considered by the Planning Commission and City Council in the next few weeks.

The adopted Housing Element 2023-31 includes several programs to ensure that adequate housing sites are available during the planning period to make it possible to produce the number and type of housing units in the RHNA.

Foster City’s Housing Element includes seven (7) goals as follows:
oH-A: Reinforce the City’s commitment to meeting housing needs. oH-B: Protect existing housing, waterfront character, and resources. oH-C: Protect the supply and affordability of rental housing. oH-D: Pursue public and private redevelopment opportunities to increase the supply of housing.
oH-E: Address affordable housing needs.
oH-F: Address housing for special needs populations.
oH-G: Affirmatively further fair housing.

The Housing Element provides for a variety of housing types and sizes, a mixture of rental and ownership housing, and housing that supports special needs populations. The policies and programs contained in this Housing Element support these goals while also ensuring that the City will meet its statutory obligations to affirmatively further fair housing and facilitate housing production at all income levels. Please refer to Table D in Attachment 3 for Housing Element - Program Implementation Status. Some of the programs that were implemented in 2023

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have been discussed in detail above.
oGeneral Plan and Zoning Amendments to Facilitate Housing on Housing Opportunity Sites in the Sites Inventory – In 2023, the City undertook several rezonings of the sites included in the Sites Inventory to provide capacity to meet the City’s RHNA. (H-D-1-b)
• Reclassify the 15.1-acre lands at Harbor Cove Apartments (900 Hillsdale Boulevard, APN: 094-470-420) to change the Zoning Map Designation from R-3, Medium Density Multiple-Family Residence to R-4/PD, High Density Multiple Family
Residence/Planned Development Combining district;
• Reclassify the 6.4-acre lands at Franciscan Apartments (888 Foster City Boulevard, APN: 094-091-020) to change the Zoning Map Designation from R-3/AHO, Medium Density Multiple-
Family Residence/Affordable Housing Overlay Combining
District to R-4/PD/AHO, High Density Multiple-Family
Residence/Planned Development/Planned
Development/Affordable Housing Overlay Combining District; • Reclassify Foster’s Landing Apartments (700 Bounty Drive, APN: 094-980-070) to change the zoning designation from R- 3/PD Medium Density, Multiple Family Residence
District/Planned Development to CM/PD, Commercial
Mix/Planned Development District;
• Reclassify the 8.77-acre lands at Shell Cove Apartments (707- 939 Shell Boulevard, APN: 094-470-160) to change the Zoning Map Designation from R-3/PD/AHO, Medium Density Multiple- Family Residence/Planned Development/Affordable Housing Overlay Combining District to R-4/PD/AHO, High Density
Multiple-Family Residence/Planned Development/Affordable Housing Overlay Combining District;
• Reclassify the 9.64-acre lands at Lagoons Apartments (611-899 Bounty Drive, APN: 094-472-010) to change the Zoning Map Designation from R-3/PD.AHO, Medium Density Multiple-Family Residence/Planned Development/Affordable Housing Overlay Combining District to R-4/PD/AHO, High Density Multiple-Family Residence/Planned Development/Affordable Housing Overlay Combining District;
• Reclassify the 18.7-acre lands at Beach Cove Apartments (605- 1021 Catamaran Street, APN: 094-320-040 and 094-330-010) to change the Zoning Map Designation from R-4/PD/AHO, High Density Multiple-Family Residence/Planned
Development/Affordable Housing Overlay Combining District to R4/PD/AHO/BRHO, (High Density Multiple-Family
Residence/Planned Development/Affordable Housing

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Overlay/By-Right Housing Overlay Combining District;
• Reclassify the 7.9-acre lands at Shadow Cove Apartments (1019-1091 Foster City Boulevard, APN 094-312- 780) to
change the Zoning Map Designation from R-4/PD/AHO, High Density Multiple-Family Residence/Planned
Development/Affordable Housing Overlay Combining District to R-4/PD/AHO/BRHO, High Density Multiple-Family
Residence/Planned Development/Affordable Housing
Overlay/By-Right Housing Overlay Combining District;
• Reclassify the Eaves Apartments (700 Marlin Avenue, APN:
094-141-010) to change the zoning designation from R-3
Medium Density, Multiple-Family Residence District to R-4/PD High Density, Multiple-Family/Planned Development District; • Reclassify 1601 Beach Park Boulevard (APN: 094-211-550) to change the zoning designation from PF Public Facilities to R- 2/PD Two-Family Residence District/Planner Development; and • Modify the Previously Approved General Development Plan for the + 100-Acre Lands Known as Metro Center in the C-2/PD (General Business/Planned Development) District to a C-2/PD (General Business/Planned Development) District with an Amended General Development Plan to Allow Commercial – or - - Mixed Commercial/Residential Use up to 222 dwelling units at 1010 Metro Center Boulevard in the Town Center
Neighborhood.
oMulti-Family Objective Design Standards – On December 18, 2023, the City Council introduced an Ordinance to amend the zoning regulations to add Multifamily and Residential Mixed Use Objective Design and Development Standards. The ordinance was adopted on January 16, 2024. (H-D-6-e)
oAccessory Dwelling Units – On September 18, 2023, the City Council approved updates to Chapter 17.78 of Municipal Code to comply with 2023 State laws, including allowing up to three (3) ADUs on a single- family lot. (H-D-4-a)
oRental Housing Assistance Information – Staff created multiple webpages for information and resources on fair housing, funding, housing legislation, rental below market rate units, etc. (H-C-4-a) oAmend Parking Requirements – On December 18, 2023, the City Council introduced amendments to parking requirements for multi-family housing as necessary, including but not limited to reducing guest parking requirements by 50% and establishing bicycle parking requirements for residential uses, to allow General Plan densities and to reduce housing costs. The ordinance was adopted on January 16, 2024. (H-D-6-c)

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oDensity Bonus for Affordable Housing Projects Consistent with State Density Bonus Law – On September 18, 2023, the City Council approved updates to Chapter 17.86 to comply with state law. (H-E-3-a) oAdequate Water Supply – On May 1, 2023, the Estero Municipal Improvement District Board (EMID) approved a new Chapter 8.90, Water Neutrality Growth, to the EMID Municipal Code to ensure sufficient water capacity to accommodate the RHNA, such as the potential use of water demand offset policies, require new and renovated developments to have “net neutral” water demand, or use of recycled water for irrigation.( H-A-4-a)
oAge Friendly Initiative – On June 5, 2023, Council accepted the Age- Friendly City Initiative Three Year Action Plan by Minute Order No. 1922.

Agreement for Age Friendly Action Plan Consultant Services was executed. Staff worked with the Consultant to draft an Action Plan based on stakeholder survey input. In November 2023, Association of Retired Persons (AARP) reviewed and approved a submitted draft of Foster City’s AFC Initiative Action Plan. The City’s AFC plan was approved by the City Council on January 16, 2024. (H-F-1-h)
oClimate Action Plan - The Administrative Draft 2023 Foster City Climate Action Plan Update was completed in November 2023. (H-B-3-d) oContinue to Monitor Expiration of Affordability Covenants - The final four (4) of 70 Below Market Rate (BMR) units at Foster’s Landing expired on December 31, 2023. The City provided opportunities for relocation assistance services and early relocation to all four (4) households. Of the (4) four, three (3) relocated and one (1) elected to stay at Foster’s Landing in a market rate unit. (H-C-2-b)
oInclusionary 20% Requirement - On December 18, 2023, City Council adopted an ordinance approving revisions to Foster City Municipal Code, Chapter 17.90, Below Market Rate Inclusionary Housing Program and Below Market Rate Housing Programs Administrative Procedures and Guidelines. The revisions to the code provide greater clarity and expansion of the enforcement provisions and revisions to the Administrative Procedures and Guidelines provide greater clarity and detail for management and compliance of Below Market Rate (BMR) units. The changes also resulted in two (2) separate documents for rental programs and ownership programs.
oHousing unit production – The City issued building permits for four (4) ADUs (accessory dwelling units) in 2023 and issued 16 Certificates of Occupancy (or temporary certificates) in 2023 for new units. As of July 1, 2022, through December 13, 2023, a total of 59 new housing units were completed and count towards the RHNA 2023-2031. (H-A-1-a Annual Tracking of Housing Activity & H-A-1-b No Net
Loss/Development Pipeline Monitoring).

6.2 6.2 Staff Report

60 5
2 7
Regional Housing Needs Allocation Progress
Legislation, such as Senate Bill 35 (SB 35), Assembly Bill 73 (AB 73), and Senate Bill 570 (SB 570) adopted in 2017, has provided penalties and incentives related to making progress toward meeting RHNA for each Planning Period. SB 35, which added Section 65913.4 to the Government Code, was set to sunset on January 1, 2026. However, SB 423, which went into effect on January 1, 2024, extended the expiration date to January 1, 2036. HCD released a report on June 1, 2023, the SB 35 Statewide Determination Summary, showing that Foster City was one of 246 jurisdictions in the state that have made insufficient progress toward meeting their Lower income RHNA (Very-Low and Low income) and are therefore subject to the streamlined ministerial approval process (SB 35 (Chapter 366, Statutes of 2017) streamlining) for proposed developments with at least 50% affordability.

The jurisdictions that are not on track to meet their housing needs will lose the ability to reject certain types of development projects under SB 35. Cities and counties are subject to SB 35 streamlining when they fall behind on submitting annual progress reports and/or in meeting less than the prorated portion of their RHNA. A total of 251 jurisdictions are subject to the streamlined ministerial approval process for proposed developments with at least 10% affordability, and another 246 jurisdictions are subject to this process when proposed developments have at least 50% affordability. The progress is prorated and recalculated each year until the mid-point of the Housing Element reporting period (4-year) and then recalculated again at the end of the Period.

A summary of housing development permits issued showing progress toward meeting the RHNA is shown below. Table 1 reports how many permits were issued each year.

Table 2 reports RHNA progress of all permits completed (built and occupied) by affordability in all cycles pertaining to the 2023-2031 Housing Element. The difference in the numbers provided in the two (2) tables below (about 55 units) is a result of units that have been approved but have not yet been occupied until 2023. See attached Table A2 of Attachment 3 for more detailed information.

6.2 6.2 Staff Report

61 5
2 7
Table 1. Planning Period Permits Issued by Affordability for RHNA 2023-2031 Table 2. Units Completed for RHNA 2023-31
Income Level RHNA
Units
Completed
7/1/2022-
12/31/2022
Units
Completed
1/1/2023 -
12/31/2023
Total Units
Completed
Toward
RHNA 6
% RHNA
Met
Very Low 520 6 3 9 1.73%
Low 299 13 0 13 4.35%
Moderate 300 5 0 5 1.67%
Above
Moderate 777
20 12
32 4.12%
Total 1,896 44 15 59 3.11%
Assembly Bill (AB) 1743 Compliance: AB 1743 requires local planning agencies to include in their APR whether housing development applications are subject to a ministerial or discretionary approval process. The reporting only pertains to development applications that result in new units and not applications that are remodeling of existing homes or additions to existing homes. In 2023, four (4) housing development applications were received that would result in new units. All four (4) projects required ministerial action (because they were ADUs). More detailed information pertaining to Building permit issuance is available in Table A2 of Attachment 3.

Income Level RHNA Year 1
2023
Total
Units to
Date
Very Low 520 1 1
Low 299 0 0
Moderate 300 1 1
Above Moderate 777 2 2
Total 1,896 4 4

6.2 6.2 Staff Report

62 5
2 7
AB 2094 Compliance: AB 2094 requires local planning agencies to include in their APR their progress towards meeting its share of regional housing needs for extremely low- income households. There were two (2) extremely low-income ADUs completed in 2023.

It also requires reporting associated with the Affordable Housing and High Roads Jobs Act of 2022 (AB 2011), including: (1) the location of the project; (2) the status of the project; (3) total number of units of the project; (4) number of units in the project that are rental housing; (5) number of units in the project that are for-sale housing; and (6) household income category of the units. AB 2094 also requires reporting of data from all projects approved to receive a density bonus. The City did not receive any applications for density bonus for any housing development in 2023.

Submittal to HCD and OPR
Government Code Section 65400 requires the local planning agency to provide the APRs to the legislative body (i.e., City Council), HCD, and OPR by April 1st of each year for the prior calendar year reporting period. In order to ensure that the City remains in compliance with State law, staff must submit the 2023 General Plan and Housing Element APRs (Attachments 2 and 3) to HCD and OPR by April 1, 2024.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The General Plan and Housing Element APRs do not qualify as a project as defined in the California Code of Regulations Section 15378(a). The reports are administrative activities conducted by the City that will not result in direct or indirect physical changes in the environment. Further, the APRs are exempt from review under the California Environmental Quality Act (CEQA), pursuant to California Code of Regulations Section 15601(b)(3). The activity is covered by the commonsense exemption that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

FISCAL IMPACT
There is no fiscal impact associated with City Council review and City submission of these annual reports with HCD and OPR.

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

Attachment 1 – Planning Commission Resolution No. P-01-24 Attachment 2 – Table of General Plan Programs - General Plan Annual Report for 2023 Attachment 3 – APR Reporting Tables A, A2, B, D, K & LEAP Reporting

6.2 6.2 Staff Report

63 RESOLUTION NO. P-1-24

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CITY

RECOMMENDING CITY COUNCIL ACCEPTANCE OF THE GENERAL PLAN ANNUAL PROGRESS REPORT FOR 2023 AND FIND THE REPORT EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3).

CITY OF FOSTER CITY PLANNING COMMISSION

WHEREAS, California Government Code Section 65400 requires each governing body to prepare an annual report on the status and progress on implementation of its General Plan including its progress on implementation of the Housing Element; and

WHEREAS, Government Code Section 65400(a)(2) requires that an annual report on the status of the City’s General Plan and progress made towards its implementation be provided to the legislative body and submitted to California Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR) by April 1 of each year, covering the previous calendar year; and

WHEREAS, the 202 3 General Plan Annual Progress Report includes major implementation activities that occurred during the calendar year; and

WHEREAS, the 202 3 General Plan Annual Progress Report includes reporting for progress pertaining to the City’s Housing Element 2023-31, which is one of nine required general plan elements; and

WHEREAS, the City has made significant progress in implementing the programs contained in the City’s General Plan, including the following significant accomplishments in 2023:

• Land Use & Circulation Element
In 2023, the City launched a number of initiatives to address land use & circulation. • Periodic Monitoring of Land Uses Throughout the City - In 2023, the Planning Commission approved a new Research and Development building at 331 Lakeside Drive. Furthermore, in 2023, staff continued work on the Lantern Cove proposal, a project proposing 420 new units (356 net new units) at 244 Rock Harbor Lane. (LUC-C-12-a)
• Re-evaluate parking requirements in the Zoning Ordinance – On December 18, 2023, the City Council approved amendments to the Municipal Code to reduce guest parking requirements by 50% to ensure that they do not unnecessarily increase the cost of developments or promote a surplus of parking. (LUC-G-1- a)
• Green Building Guidelines and Incentives – In 2023, the City established “Express Plan Review” for all Solar and Electric Charging permits. A total of 148 solar permits and 30 EV Charging electrical permits were issued and a total of 12 solar rebates were issued in 2023. (LUC-H-1-a)
• Climate Action Plan (CAP) – After extensive community outreach and input, the Draft 2023 Foster City Climate Action Plan Update was completed in November

6.2 Attachment 1 - Planning Commission Resolution No. P-01-24

64 Resolution No. P-1-24
2023. Staff gave a presentation on the Draft CAP to the Citizens Sustainability Advisory Committee on January 10, 2024. The five-year plan includes measures and actions to help reach a 49% decrease in Greenhouse Gas (GHG) emissions below 2005 levels. (LUC-H-2-a)
• Wastewater Systems Improvement – Foster City is working with the City of San Mateo to construct improvements at the jointly owned wastewater treatment plant (WWTP). Startup and commissioning of new treatment facilities are targeted to be completed by summer 2024, followed by retrofit of existing facilities and commissioning of the integrated WWTP by the end 2024. (LUC - L-13-a).
• Parks and Open Space Element
• Special Events – In 2023, the City hosted its traditional events including Fourth of July Celebration, Summer Concert Series, and Halloween Festival. Summer Days also returned for a three-day festival featuring carnival rides, music, food trucks, and a car show. (PC-y).
• Parks Facilities Plan and Improve Facilities – The City Council approved a contract with Group 4 Architecture to help lead the effort to rebuild the Foster City Recreation Center. A Planning Commissioner was selected for the Joint Parks and Recreation/Planning Commission Committee and full design discussion began the first quarter of 2023. At the regular City Council meeting on May 15, 2023, City Council confirmed the preferred conceptual two-story building design and in September 2023, the schematic design was approved.

On November 16, 2023, the Planning Commission adopted a Mitigated Negative Declaration (MND) and approved the Use Permit Modification for construction of an approximately 40,000 square foot Recreation Center. Staff developed a Request for Proposals (RFP) for the Park Master Plan project consultant that was approved by the City Council at their December 18, 2023 regular meeting. The RFP is expected to be published in January 2024 with a consultant hired by May 2024. (LUC-L-5-a & PC-d)

• Source Reduction and Recycling Element – In 2023, the City continued to implement source reduction and recycling activities and programs in accordance with State regulations. The City meets current state established targets for waste reduction and diversion (C-t).
• The City partnered with Recology and RethinkWaste to provide a robust education and outreach campaign to all customers and especially customers who were not in compliance with new cart requirements, regarding new organics recycling requirements of SB 1383.
• Local Hazard Mitigation Plan & Safety Element
• Safety Element Update – On August 21, 2023, City Council adopted the updated 2023 Safety Element.
• Levee Protection Planning and Improvements –In 2023, the contractor for the Levee Protection Planning and Improvements Project (awarded in 2020) achieved the following milestones:

6.2 Attachment 1 - Planning Commission Resolution No. P-01-24

65 Resolution No. P-1-24
• Phase 1 Milestone (Port Royal Avenue to Shorebird Park): Access Restored Late March 2023
• Phase 2 Milestone (Shorebird Park to San Mateo Bridge): Access Restored Mid-July 2023
• Phase 3 Milestone (North of San Mateo Bridge): Access Restored Mid-October 2023
Construction is anticipated to be fully completed by February 2024. The Levee Project is designed to be resilient to the year 2050-2080. (S-A-2-a) • Crime Prevention/Education – In 2023, the Police Department (PD) continued to provide a variety of crime prevention programs to educate and involve the community (S-D-4-a). • Social Media - In 2023, social media was used to provide crime alerts, crime prevention tips, traffic information and safety tips to the Foster City community. Residential and Commercial Crime Prevention Through Environmental Design (CPTED) surveys were conducted.
• Coffee with a Cop forum was held on April 25, 2023.
• National Night Out was celebrated August 1, 2023, to build relationships with the Foster City community.
• Open House was held on October 7, 2023. Scheduled tours of the communication center, booths setup to allow people to try on SWAT gear, and officers allowing members of the public to sit in a patrol vehicles/motorcycles are provided at the Open House in order to give transparent information to the public regarding different functions of the Police Department.
• Foster City Civics Academy – PD presented at the Foster City Civics Academy on October 11, 2023. PD provided an overview of the Department, the services provided, and gave a tour of the Police Station. • In 2023, Drake, the Service Dog, attended 51 events where he provided a comforting and calming presence to people in need, greeted citizens, and strengthened bonds, relationships, and trust.
• Housing Element – Housing Element 2023-31 was adopted by the City Council on May 22, 2023. The City received notification from the Department of Housing and Community Development (HCD) on February 2, 2024 that the proposed revisions to the Housing Element meet the statutory requirements of State Housing Element Law . The proposed revisions to the Housing Element will be considered by the Planning Commission and City Council in the next few weeks.

• General Plan and Zoning Amendments to Facilitate Housing on Housing Opportunity Sites in the Sites Inventory – In 2023, the City undertook several rezonings of the sites included in the Sites Inventory to provide capacity to meet the City’s RHNA. (H-D-1-b)
• Reclassify the 15.1- acre lands at Harbor Cove Apartments (900 Hillsdale Boulevard, APN: 094 -470-420) to change the Zoning Map Designation from R-3, Medium Density Multiple-Family Residence to

6.2 Attachment 1 - Planning Commission Resolution No. P-01-24

66 Resolution No. P-1-24
R-4/PD, High Density Multiple Family Residence/Planned
Development Combining district;
• Reclassify the 6.4- acre lands at Franciscan Apartments (888 Foster City Boulevard, APN: 094- 091-020) to change the Zoning Map Designation from R -3/AHO, Medium Density Multiple- Family Residence/Affordable Housing Overlay Combining District to R - 4/PD/AHO, High Density Multiple -Family Residence/Planned Development/Planned Development/Affordable Housing Overlay Combining District;
• Reclassify Foster’s Landing Apartments (700 Bounty Drive, APN: 094- 980-070) to change the zoning designation from R -3/PD Medium Density, Multiple Family Residence District/Planned Development to CM/PD, Commercial Mix/Planned Development District;
• Reclassify the 8.77- acre lands at Shell Cove Apartments (707 -939 Shell Boulevard, APN: 094- 470-160) to change the Zoning Map Designation from R -3/PD/AHO, Medium Density Multiple -Family Residence/Planned Development/Affordable Housing Overlay Combining Dist rict to R -4/PD/AHO, High Density Multiple -Family Residence/Planned Development/Affordable Housing Overlay Combining District;
• Reclassify the 9.64 -acre lands at Lagoons Apartments (611- 899 Bounty Drive, APN: 094- 472-010) to change the Zoning Map Designation from R -3/PD.AHO, Medium Density Multiple -Family Residence/Planned Development/Affordable Housing Overlay Combining District t o R -4/PD/AHO, High Density Multiple -Family Residence/Planned Development/Affordable Housing Overlay Combining District;
• Reclassify the 18.7-acre lands at Beach Cove Apartments (605-1021 Catamaran Street, APN: 094- 320-040 and 094- 330-010) to change the Zoning Map Designation from R-4/PD/AHO, High Density Multiple- Family Residence/Planned Development/Affordable Housing Overlay Combining District to R4/PD/AHO/BRHO, (High Density Multiple - Family Residence/Planned Development/Affordable Housing Overlay/By-Right Housing Overlay Combining District;
• Reclassify the 7.9 -acre lands at Shadow Cove Apartments (1019- 1091 Foster City Boulevard, APN 094-312- 780) to change the Zoning Map Designation from R -4/PD/AHO, High Density Multiple -Family Residence/Planned Development/Affordable Housing Overlay Combining District to R -4/PD/AHO/BRHO, High Density Multiple - Family Residence/Planned Development/Affordable Housing Overlay/By-Right Housing Overlay Combining District;
• Reclassify the Eaves Apartments (700 Marlin Avenue, APN: 094-141- 010) to change the zoning designation from R -3 Medium Density, Multiple-Family Residence District to R- 4/PD High Density, Multiple - Family/Planned Development District;
• Reclassify 1601 Beach Park Boulevard (APN: 094- 211-550) to

6.2 Attachment 1 - Planning Commission Resolution No. P-01-24

67 Resolution No. P-1-24
change the zoning designation from PF Public Facilities to R -2/PD Two-Family Residence District/Planner Development; and
• Modify the Previously Approved General Development Plan for the + 100-Acre Lands Known as Metro Center in the C -2/PD (General Business/Planned Development) District to a C -2/PD (General Business/Planned Development) District with an Amended General Development Plan to Allow Commercial – or -- Mixed
Commercial/Residential Use up to 222 dwelling units at 1010 Metro Center Boulevard in the Town Center Neighborhood.
• Multi-Family Objective Design Standards – On December 18, 2023 , the City Council introduced an Ordinance to amend the zoning regulations to add Multifamily and Residential Mixed Use Objective Design and Development Standards. The ordinance was adopted on January 16, 2024. (H-D-6-e) • Accessory Dwelling Units – On September 18, 2023, the City Council approved updates to Chapter 17.78 of Municipal Code to comply with 2023 State laws, including allowing up to three (3) ADUs on a single-family lot. (H-D-4-a) • Rental Housing Assistance Information – Staff created multiple webpages for information and resources on fair housing, funding, housing legislation, rental below market rate units, etc. (H-C-4-a)
• Amend Parking Requirements – On December 18, 2023 , the City Council introduced amendments to parking requirements for multi -family housing as necessary, including but not limited to reducing guest parking requirements by 50% and establishing bicycle parking requirements for residential uses, to allow General Plan densities and to reduce housing costs. The ordinance was adopted on January 16, 2024. (H-D-6-c)
• Density Bonus for Affordable Housing Projects Consistent with State Density Bonus Law – On September 18, 2023, the City Council approved updates to Chapter 17.86 to comply with state law. (H-E-3-a)
• Adequate Water Supply – On May 1, 2023, the Estero Municipal Improvement District Board (EMID) approved a new Chapter 8.90, Water Neutrality Growth, to the EMID Municipal Code to ensure sufficient water capacity to accommodate the RHNA, such as the potential use of water demand offset policies, require new and renovated developments to have “net neutral” water demand, or use of recycled water for irrigation.( H-A-4-a) • Age Friendly Initiative – On June 5, 2023, Council accepted the Age -Friendly City Initiative Three Year Action Plan by Minute Order No. 1922. Agreement for Age Friendly Action Plan Consultant Services was executed. Staff worked with the Consultant to draft an Action Plan based on stakeholder surv ey input. In November 2023, Association of Retired Persons (AARP) reviewed and approved a submitted draft of Foster City’s AFC Initiative Action Plan. The City’s AFC plan was approved by the City Council on January 16, 2024. (H-F- 1-h)
• Climate Action Plan - The Administrative Draft 2023 Foster City Climate Action Plan Update was completed in November 2023. (H-B-3-d)
• Continue to Monitor Expiration of Affordability Covenants - The final four (4) of

6.2 Attachment 1 - Planning Commission Resolution No. P-01-24

68 Resolution No. P-1-24
70 Below Market Rate (BMR) units at Foster’s Landing expired on December 31, 2023. The City provided opportunities for relocation assistance services and early relocation to all four (4) households. Of the (4) four, three (3) relocated and one (1) elected to stay at Foster’s Landing in a market rate unit. (H-C-2-b)
• Inclusionary 20% Requirement - On December 18, 2023, City Council adopted an ordinance approving revisions to Foster City Municipal Code, Chapter

17.90, Below Market Rate Inclusionary Housing Program and Below Market Rate Housing Programs Administrative Procedures and Guidelines. The revisions to the code provide greater clarity and expansion of the enforcement provisions and revisions to the Administrative Procedures and Guidelines provide greater clarity and detail for management and compliance of Below Market Rate (BMR) units. The changes also resulted in two (2) separate documents for rental programs and ownership programs.
• Housing unit production – The City issued building permits for four (4) ADUs (accessory dwelling units) in 2023 and issued 16 Certificates of Occupancy (or temporary certificates) in 2023 for new units. As of July 1, 2022, through December 13, 2023, a total of 59 new housing units were completed and count towards the RHNA 2023-2031. (H-A-1-a Annual Tracking of Housing Activity & H-A-1-b No Net Loss/Development Pipeline Monitoring).

WHEREAS, the Planning Commission finds that preparation of the General Plan Annual Report is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378, and would is also exempt from CEQA under the CEQA Guidelines Section 15061(b)(3), Common Sense Exemption; and
WHEREAS, the Planning Commission considered and reviewed the General Plan Annual Progress Report at the Planning Commission Regular Meeting on February 15, 2024.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Foster City, has reviewed and investigated the General Plan Annual Progress Report in conformance with Government Code Section 65400(a) and based on facts and analysis in the Staff Report, written and oral testimony, and exhibits presented recommends that the City Council accept the Annual Progress Report on the General Plan for 2023 as attached hereto.

6.2 Attachment 1 - Planning Commission Resolution No. P-01-24

69 Resolution No. P-1-24

PASSED AND ADOPTED as a Resolution of the City of Foster City Planning Commission at the Regular Meeting thereof held on February 15, 2024, by the following vote:

AYES, COMMISSIONERS: Bronitsky, Haddad, Pedro and Chair Jagtiani NOES, COMMISSIONERS:

ABSENT, COMMISSIONERS: Venkat
ABSTAIN, COMMISSIONERS:
__________________________________

RAVI JAGTIANI, CHAIRMAN
ATTEST:
___________________________________

SOFIA MANGALAM, SECRETARY

RAVI R JAGTIANI (Feb 20, 2024 14:48 PST)

RAVI R JAGTIANI

6.2 Attachment 1 - Planning Commission Resolution No. P-01-24

70 GENERAL PLAN ANNUAL PROGRESS REPORT – 2023
Introduction

State law requires all cities and counties in California to adopt a General Plan, comprised at minimum of seven mandated “Elements,” that addresses physical development within its jurisdiction.

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

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

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

Housing Housing Adopted May 2023.

Open Space Parks and Open Space September 2009.

Conservation Conservation Full adoption in September 2009.

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

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

Safety Element was updated and adopted in
August 2023.

Noise Noise May 1993.

General Plan Implementation

This Annual Progress Report was presented to the Planning Commission on February 15, 2024, and City Council on March 4, 2024. Planning Department staff worked with other City departments in assessing the programs of the different Elements of the General Plan and prepared this General Plan Annual Progress Report. The table below includes measures associated with the implementation of the General Plan with specific reference to individual elements of the General Plan:

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

71 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT CHAPTER 3: LAND USE AND CIRCULATION ELEMENT-ADOPTED FEBRUARY 1, 2016 LUC-A-3-a
Continue Code Enforcement Program. The City will continue its code enforcement program to ensure that residential, commercial and industrial properties are maintained. This responsibility will include, but not be limited to, periodic spot checks of property throughout the City and follow-up investigation of property maintenance complaints.

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

Responsibility: Community Development Department.

Timeframe: Current and ongoing.

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

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

In 2023, See-Click-Fix handled 1,477
cases.

Promotion of See-Click-Fix and other
communications were expanded
through:
● Dedicated social media posts
on a monthly basis from
August 2023-December 2023
via Facebook and Twitter
● Videos – Mayoral Minute
Episode 1 (1/26/23), Foster City
@ Work Episode 3 (9/14/23
and 9/28/23)
● Community Annual Report was
promoted in the newsletter
12/14/23 and 12/28/23
CDD
LUC-C-12-a
Periodic Monitoring of Land Uses Throughout the City.

Periodically monitor land uses throughout the City to determine when changes in land use may be appropriate, actual land use practices, economic practicality of maintaining current land uses and level of property maintenance. Specific future actions might include:
a. Revitalization of older neighborhood retail centers.

On November 2, 2023, the Planning
Commission approved a Use Permit to
allow the demolition of an existing
20,737 square foot building and
construction of a new 190,000 square
foot, five-story, research and
CDD-CM

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

72 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT b. Changes in land use designations and zoning where necessary to respond to changes in economic conditions and/or City needs.
c. Meeting with property owners to discuss possible
redevelopment opportunities and constraints, especially in the Chess Drive/Hatch Drive area and along the northeast side of Foster City Boulevard.

Responsibility: Planning and Code Enforcement Division and Planning Commission.

Timeframe: Current and ongoing.
development building in the south
campus of the Gilead Sciences
Integrated Campus Master Plan located
at 331 Lakeside Drive (UP2023-0079).

In 2023, the City rezoned several sites
listed in the sites inventory in the
Housing Element 2023-31 to be
consistent with the capacity in the sites
inventory. These zoning map changes
are explained in Housing Element
Appendix D. Links to the various
ordinances are in Housing Element
Appendix H.

LUC-E-2-a
Plan Consultation and Consistency. Maintenance, planning, and design of projects affecting the transportation system shall be consistent with local bicycle, pedestrian, transit, multimodal, and other relevant plans, except that where such consistency cannot be achieved without negative consequences, consistency shall not be required if the head of the relevant department provides written approval explaining the basis of such deviation.

Responsibility: Community Development Department and Public Works Department
Timeframe: Current and Ongoing
Ongoing. All City projects proposed in
the Capital Improvement Program each
Fiscal Year are developed consistent
with the General Plan and also reviewed
by the Planning Commission for
consistency. Work on a bicycle and
pedestrian master plan is scheduled to
begin in FY 2024-25.

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

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

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

PW
CDD

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

73 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT

Responsibility: Community Development Department and Public Works Department
Timeframe: Current and Ongoing
In August 2023, CIP 703 constructed
new bike lanes along Shell Blvd. from
Shell Bridge to Beach Park Blvd.

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

Ongoing. Traffic related items (traffic
improvement requests, relevant CIP
projects, etc.) are taken to the Traffic
Review Committee for
recommendation to the City Council
prior to approval.

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

PW
CDD
LUC-E-2-d
Evaluation. All relevant agencies or departments shall perform evaluations of how well the streets and transportation network of Foster City are serving each category of users by collecting baseline data and collecting follow-up data on a regular basis.

The Metropolitan Transportation
Commission’s Pavement Management
Technical Assistance Program (P-
TAP) provides the City with various
resources to understand its pavement
condition. Through P-TAP, pavement
consultants are hired to inspect City
streets and update the PMP database
every two to three years. The program
PW
CDD

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

74 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT helps determine the most cost-
effective treatment to extend the life of
the roadways. The City was awarded
a PTAP grant for the FY23-24. The
pavement assessment for FY23-24 is
being performed by Adhara Systems,
Inc. and is anticipated to be completed
by June 2024.

LUC-E-2-e
Leadership Approval for Exemptions. Projects that seek Complete Streets and/or Green Streets exemptions must provide written finding of why accommodations for all modes that were not included in the project and signed off by the Public Works Director or equivalent high level staff person. Projects that are granted exceptions must be made publicly available for review. Federal guidance on exceptions can be found from the Federal Highway Administration (FHWA) Accommodating Bicycle and Pedestrian Travel
http://www.fhwa.dot.gov/environment/bicycle_pedestrian/guidance/desi gn_guidance/design.cfm
No requests for exemption from
Complete Streets requirements were
received in 2023.

PW
CDD

LUC-E-7-a
Transit System Infrastructure. The City will work with transit providers to facilitate the maintenance and upgrade of the transit system infrastructure to enhance public use, including:
a. Transit stops and bus lanes that are safe, convenient, clean and efficient;
b. Accessible transit stops that have clearly marked street- level designation;
c. Transit stops that are safe, sheltered, clean, and well lit;

d. Transit stops that are located along corridors within mixed-use or transit-oriented development areas.
e. Use of Green Infrastructure and Green Streets features where applicable.

In 2023/2024 Staff participated in
SamTrans Bus Stop Improvement Plan
(BSIP) Public Agency Working Group
meetings and reviewed Draft Bus Stop
Design Guidelines.

PW
CDD

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

75 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT LUC-E-7-b
Public Transit Information. The City will provide information regarding public transit at City Hall, the Recreation Center, the City’s web site, and other locations to promote the use of public transit.

Public transit information is provided at
City buildings and on the City’s website.

CDD
CM
LUC-E-7-b

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

Bus turnouts or shelters will also be required to be provided by the development.

In August 2023, Staff attended
SamTrans Bus Stop Improvement Plan
(BSIP) Public Agency Working Group
meetings and reviewed Draft Bus Stop
Design Guidelines.

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

Ongoing as a part of development
review. In 2023, the City adopted bicycle
parking requirements and development
standards for bicycle parking and
storage facilities.

CDD
LUC-E-8-b
Development Standards for Bicycles. The City will establish standards for new development and redevelopment projects to support bicycle use, including:
a. Develop standards for safe pedestrian and
bicyclist accommodations, including:
i. “Complete Streets” policies that foster equal access by all users in the roadway design;
“Green Streets” policies that serve to treat stormwater and include additional environmental benefits;
iii. Bicycle and pedestrian access internally and in connection to other areas through easements;
iv. Safe access to public transportation and other non- motorized uses through construction of dedicated paths; v. Safe road crossings at major intersections.

Development of standards are
included in the Bicycle, Pedestrian and
Intersection Evaluation Study prepared
in 2017 and adopted by the City
Council on February 5, 2018. A Bicycle
and Pedestrian Master Plan is
scheduled to begin work in FY24-25.

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

In 2023, the City adopted bicycle
parking requirements and development
standards for bicycle parking and
storage facilities.

PW
CDD
PD

LUC-E-9-a Pedestrian and Bicycle Safety. Provide safe and convenient access for pedestrians and bicyclists to, across, and along major roadways. The A Bicycle, Pedestrian and Intersection
Study was prepared in 2017 and
PW

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

76 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT City shall conduct a study of all intersections in the City from a comprehensive perspective which would consider the needs of pedestrians, bicyclists and motorists. The study will include an examination of potential options to address not only current conditions but also conditions anticipated by future development, including enforcement of traffic laws applicable to pedestrians and bicycles. The City will also prepare a study that reviews highly used intersections by pedestrians that are going to Foster City schools and recreational amenities such as the levee and parks and identify ways to increase pedestrian safety at those intersections.
adopted by the City Council on
February 5, 2018.

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

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

A Bicycle and Pedestrian Master Plan
is schedule to begin work in FY24-25.

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

CDD
PD
LUC-E-9-b
Bicycle Route and Pedestrian Path Improvement Program. The City shall conduct a study with the following goals: 1) identify bike routes that may need enhancements that would increase cyclist safety going to schools, parks, shopping center or civic areas; and 2) identify major thoroughfares and any enhancements to those roadways that would allow cyclists to get to the levee and other common destinations safely. The purpose of the bicycle route system is to connect major work, shopping, school, civic, and recreational destinations throughout the City, while avoiding as many of the most heavily used street segments as possible.

A Bicycle, Pedestrian, and Intersection
improvement Study was prepared in
2017 and adopted by the City Council on
February 5, 2018.

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

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

PW
CDD
PR

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

77 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT A Bicycle and Pedestrian Master Plan is
scheduled to begin work in FY24-25.

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

Ongoing.

Construction of the Traffic Signals at
various Intersections – CIP 301-681, was
completed and Notice of Completion is
planned for February 2024.

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

Ongoing PW

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

Ongoing
Construction of the Traffic Signals at
various Intersections – CIP 301-681, was
completed and Notice of Completion
planned for February 2024.

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

Speed Survey (E&TS) conducted in
November of 2023 to evaluate existing
speed limits. On December 18, 2023, the
City Council adopted the speed limits in
the 2023 E&TS.

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

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

78 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT project) and the US-101/SR-92 Direct
Connector (Long-Term project).

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

A Bicycle, Pedestrian, and Intersection
Study was prepared in 2017 and
adopted by the City Council on
February 5, 2018. A Bicycle and
Pedestrian Master Plan will be prepared
in FY24-25.

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

A Bicycle and Pedestrian Master Plan is
scheduled to begin work in FY24-25.

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

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

Transportation Demand Management
programs are required in all new non-
residential developments.

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

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

Gilead Sciences has instituted a robust
Transportation Demand Management
program, including the launch of the
CDD

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

79 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT The City has provided some existing curbside areas for bus stops, and new ones shall be provided by the developer as needed. The City shall consult with SamTrans and AC Transit to determine the optimum routes for a new bus line(s).

Responsibility: Community Development Department and Public Works Department.

Timeframe: Prior to completion of Vintage Park.

Gilead Commuter Bus Program on
December 1, 2016. Every year CDD staff
reviews TDM monitoring letter sent by
Gilead to ensure that the project is well
below the vehicle trip threshold as stated
in the TDM plan.

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

Responsibility: Planning and Code Enforcement Division
Timeframe: Upon completion of the Land Use and Circulation Element Update.

On December 18, 2023, the City Council
approved amendments to the Municipal
Code to reduce guest parking
requirements by 50% to ensure that they
do not unnecessarily increase the cost of
developments or promote a surplus of
parking.

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

Responsibility: City Manager’s Office, Community Development Department, Public Works Department, Parks and Recreation Department and other fleet operators
Private EV charging initiatives have
been included as eligible projects for
Community Benefit funding.

In FY23-24, the City Council approved
participating in the Peninsula Clean
Energy Gov EV Program, which will be
identifying and planning for the
infrastructure requirements and vehicle
capacity to increase the EV share in the
City’s fleet during 2024.

In 2023, 148 solar permits and 30 EV
charging stations permits were issued –
all in private homes.

The City reviews the requirements for all
new vehicles purchased for its own fleet
CDD
CM
PW
PARKS

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

80 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT Timeframe: As appropriate with new or modified development. to determine whether there is an EV or hybrid option for the type of use needed.

The 2023 Draft Climate Action Plan
(CAP) Update includes measures
related to decarbonizing transportation
in Foster City, specifically increasing
the share of ZEV passenger vehicles to
30%. Additionally, the CAP includes
encouragement for bicycling and
micromobility as an alternative to
vehicle travel, further decreasing
vehicle emissions.

LUC-H-1-a
Green Building Guidelines and Incentives. The City will support the use of green building practices by:
a. Providing information, marketing, training, and technical assistance about green building practices;
b. Considering guidelines for green building practices in residential and commercial development; and
c. Implementing sustainable practices where feasible in public buildings and spaces.

Responsibility: Community Development Department
Timeframe: Upon completion of the Land Use and Circulation Element Update
In 2023, the City established “Express
Plan Review” for all Solar and Electric
Charging permits. A total of 148 Solar
permits were issued, 30 EV Charging
electrical permits were issued, and a
total of 12 solar rebates were issued in
2023.

PW
CDD

LUC-H-2-a
Climate Action Plan. The City will prepare, adopt and implement a comprehensive Climate Action Plan (CAP) to achieve its fair share of statewide emissions reductions for the 2020 timeframe consistent with AB32. The CAP will specify the strategies, measures and actions to be taken for each inventory sector (transportation, electricity, solid waste, etc.) to achieve the overall emission reduction target, and include an adaptive management process that can incorporate new technology and In 2023, the City conducted extensive
community outreach in conjunction with
consultants and the Citizens
Sustainability Advisory Committee. The
Draft 2023 Foster City Climate Action
Plan Update was completed in
November 2023, incorporating measures
CDD
CM

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

81 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT respond when goals are not being met.

Responsibility: City Manager’s Office and Community Development Department
Timeframe: Upon completion of the Land Use and Circulation Element Update
to lower the City’s Greenhouse Gas
emissions to 49% below 2005 levels by
2030.

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

Responsibility: Police Department
Timeframe: Current and Ongoing
Ongoing – largely complaint driven. POLICE
LUC-H-5-a
Tree and Landscape Program. Include requirements for tree and landscape planting in all new developments and redevelopment in design review and landscape guidelines.

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

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

Edgewater Place: 1/15/2015
Marlin Cove: 8/16/01
Parkside Towers: 6/3/2015
Pilgrim Triton: 3/31/2016
CDD
CM

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

82 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT Foster Square: 11/3/2016
Marketplace: 1/11/18
Illumina: 11/1/18
Beach Park Plaza 1/17/19
Metro Center: 11/4/2021
LUC-K-1-a
Monitor Neighborhood Retail Centers. To determine the viability of existing neighborhood retail centers, the City will monitor vacancies and the physical condition of these centers. A General Plan amendment would be necessary at the time conversion to any other use is considered.

Responsibility: Planning and Code Enforcement Division.

Timeframe: Current and ongoing.

In 2023 CDD staff has continued to
proactively monitor, respond to
complaints, and work closely with the
property managers of each of the 9 retail
centers located in Foster City. CDD staff
has conducted daily site visits to a retail
center and has received voluntary
compliance by property
owners/managers.

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

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

Timeframe: Current and ongoing.

Ongoing as part of annual Capital
Improvements Plan.

The Recreation Center Rebuild Project
(RCRP) completed the Design
Development Phase on December 18,
2023, when Council approved the final
design and affirmed the project budget.

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

83 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT Council meeting in February 2024 for
the City Council to approve a Request
for Proposal (RFP) for modular units.

The current Recreation Center is
expected to close at the end of August
2024 and operations transferred to
alternate buildings for the two-year
closure. The opening of the new
Recreation Center is anticipated to be
in June of 2026.

Staff developed an RFP for the Park
Master Plan project consultant and was
approved by the City Council at their
December 18, 2023, regular meeting.

The RFP is expected to be published in
January 2024 with a consultant hired by
May 2024.

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

Responsibility: Community Development Department.

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

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

Responsibility: Fire Department.

Ongoing. In 2023, SMC Fire had 108
inspections for new businesses across
San Mateo, Foster City, and Belmont. For
Foster City, SMC Fire reviewed 656 plans
and conducted 281 construction
inspections.

FIRE

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

84 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT Timeframe: Current and ongoing.

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

Responsibility: District Board, Public Works Department.

Timeframe: During annual Capital Improvement Program review.

Ongoing. Projects are added to the
Capital Improvement Program as
needed.

A Potable Water System Risk and
Resilience Assessment and updated
Emergency Response Plan were
certified to the Environmental
Protection Agency (EPA) in June and
December 2021 respectively. A
Tabletop Exercise of the Emergency
Response Plan was conducted in
October 2023 and an “After Action”
report was developed to guide future
improvement activities.

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

Responsibility: District Board, Public Works Department.

Timeframe: During annual Capital Improvement Program review.

Ongoing. The Wastewater Collection
System Master plan was completed
and accepted by Council May 2020.

The study addresses repairs and
improvements over the next 20-year
period. Implementation of the projects
into the budget is ongoing.

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

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

85 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT CHAPTER 4: HOUSING ELEMENT – ADOPTED MAY 2023, REVIEW TABLE D OF THE APR FOR ALL HE PROGRAMS

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

Responsibility: Parks and Recreation Department.

Timeline: Current and ongoing.

In 2023, user surveys were conducted
during the design phase process of the
Recreation Center. Parks will conduct a
user survey in December regarding public
preference for a community garden.

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

Responsibility: Parks and Recreation Department.

Timeline: Current and ongoing.

Ongoing

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

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

Responsibility: Parks and Recreation Department, Public Works Department.

Timeline: Current and ongoing.

A Bicycle, Pedestrian and Intersection
Study was prepared in 2017 and
adopted by the City Council on
February 5, 2018. Implementation of
improvements is ongoing.

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

The San Mateo County Civil Grand Jury
released a report on July 10, 2023,
recommending that all Cities update or
generate a new Bicycle and Pedestrian
Master Plan consistent with the C/CAG
PW
PARKS

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

86 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT San Mateo County Comprehensive
Bicycle and Pedestrian Plan. In its
response to the Civil Grand Jury, Foster
City committed to do so by June 30,
2025.

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

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

Timeline: Current and Ongoing, Long-term
The Recreation Center Rebuild Project
(RCRP) completed the Design
Development Phase on December 18,
2023 when Council approved the final
design and affirmed the project budget.

Per City Council direction, staff is
preparing to bring back the Project
budget for the City Council to consider
funding options to address the budget
shortage. A Temporary Facilities Plan
went to Council on November 6, 2023 for
review and was accepted by the City
Council. Staff will prepare a Final
Temporary Facilities Plan for a City
Council meeting in February 2024 for the
City Council to approve a Request for
Proposal (RFP) for modular units. The
current Recreation Center is expected to
close at the end of August 2024 and
operations transferred to alternate
buildings for the two-year closure. The
opening of the new Recreation Center is
anticipated to be in June of 2026.

Staff developed an RFP for the Park
Master Plan project consultant and was
approved by the City Council at their
December 18, 2023, regular meeting.

The RFP is expected to be published in
January 2024 with a consultant hired by
PARKS

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

87 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT May 2024.

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

Responsibility: Parks and Recreation Department.

Timeline: Current and ongoing.

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

Responsibility: Parks and Recreation Department.

Timeline: Current and ongoing.

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

Responsibility: Parks and Recreation Department, Public Works Department.

Timeline: Current and ongoing.

Construction is complete. Quarterly
inspections and landscape maintenance
will resume.

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

PARKS
PW

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

Responsibility: Parks and Recreation Department, Public Works Department.

Timeline: Financing is undetermined, long-term.

Construction of the Levee Protection
Planning and Improvements Project CIP
327-657 will be completed in February
2024. The completed 6.5-mile pathway
ranges from 14-18 feet in width and
includes separate pedestrian and bicycle
lanes in each direction. New signage,
trash, and recycling containers,
observation points benches, picnic
tables, interpretive signage, and bicycle
PARKS
PW

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

88 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT fix-it stations are installed along the
completed pathway.

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

Responsibility: Parks and Recreation Department.

Timeline: Current and ongoing.

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

Responsibility: Community Development Department, Parks and Recreation Department.

Timeline: During Plan Review.

Ongoing PARKS
CDD
PC-k Public Access. Require dedication of open space lands or public access easements as a part of new development or redevelopment along the Bay or the Belmont Slough.

Responsibility: Community Development Department.

Timeline: During Plan Review.

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

Responsibility: Community Development Department.

Timeline: During Plan Review.

Ongoing CDD

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

89 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT PC-m Median Strip Planting. Continue to maintain median strip planting along major roadways and bridges in Metro Center, residential neighborhoods, and industrial areas in accordance with the Median Development Master Plan.

Responsibility: Parks and Recreation Department.

Timeframe: Current and Ongoing.

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

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

Timeline: During Plan Review.

Ongoing CDD
PC-o Youth and Teen Activities. Continue to evaluate classes, services and programs for youth and teens and make changes when necessary to meet the changing recreational needs of these age groups.

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

In 2023, seasonal camp field trips have
been brought back after three summers
without trips due to the COVID-19
pandemic. Wednesday enrichment has
been expanded to all four Foster City
elementary schools and Vibe amenities
have been upgraded.

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

Responsibility: City Council, Parks and Recreation Department Timeframe: Current and Ongoing
The Committee’s 2023 goals were to
encourage waste consciousness by
creating a challenge and hosting an event
at the library. The Committee also hosted
a fundraiser with all donations going to a
food bank.

PARKS
PC-r Parks and Recreation Committee. Use the Parks and Recreation Committee to advise the City of Foster City and the Parks and Ongoing PARKS

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

90 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT Recreation Department on proposed park projects and recreational programs.

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

PC-s Shoreline Band. Work with the Bay Conservation Development Commission and the Association of Bay Area Governments to protect and enhance the 100-foot shoreline band for conservation and recreation.

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

Timeline: Current and Ongoing.

BCDC requirements have been
conducted as part of the development of
the plans for the Levee Improvement
project.

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

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

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

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

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

Responsibility: Parks and Recreation Department
Ongoing

The City continues to offer enriching
classes and supports cultural events
through the Interdepartmental Evaluation
Committee (IDEC) process.

PARKS

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

91 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT Timeframe: Current and Ongoing.

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

Responsibility: Parks and Recreation Department and City Council.

Timeframe: Current and Ongoing.

Ongoing
City staff continue to work with
partnering organizations to support City
sponsored and non-City sponsored
programming through the City’s
interdepartmental Evaluation Committee
(IDEC) process.

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

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

Ongoing PARKS
PC-qq

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

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

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

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

Responsibility: Parks and Recreation Department
Timeframe: Current and Ongoing
The Joint Use Agreement (JUA) between
SMFC School District and City of Foster
City was executed on May 1, 2023. Staff
worked with the district on providing
space on City’s sports fields for Bowditch
Middle School’s afterschool sports teams
during construction of the Recreation
PARKS

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

92 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT Center. The district also agreed to host a
middle school cross country meeting
along the Bay Trail. Foster City Parks and
Recreation Department was the recipient
of the School District’s City Partnership
Award. Quarterly check-ins between city
staff and school district staff will be
provided to ensure communication lines
are open.

PC-cc Maintenance of Lagoon Pathways. Develop a program to identify which parties are responsible for maintenance of the areas adjacent to the lagoon.

Responsibility: Public Works/Engineering Department; Parks and Recreation Department, and the Community Development Department Timing: Long-term
Ongoing PARKS
PW
CDD

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

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

Timeline: Ongoing
Ongoing POLICE

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

93 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT N-c Purchase of City Vehicles and Equipment. The City will consider noise criteria in the purchase of new vehicles, their components and other equipment.

Responsibility: City Manager’s Department.

Timeline: Ongoing
Ongoing CM
PARKS
N-d Regulation of Special Events. The City will evaluate and improve control mechanisms to minimize the noise impacts of special events, including:
a. Planning for overflow potential (parking, crowds).
b. Establishment of citation mechanism.
c. Establishment of a formal review of past performance. d. Informing neighborhood residents about events.

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

Timeline: 1993 and ongoing.

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

The City’s Security Policy and ordinance
was updated by the Police Department.

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

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

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

In 2023, See-Click-Fix handled 1,477
total cases from all departments.

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

Complaints received via email are vetted
CDD
POLICE

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

94 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT and routed to the appropriate point of
contact.

N-f

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

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

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

Responsibility: City Council
Timeline: Ongoing.

State law requires that once an airport
land use commission has adopted or
amended an ALUCP, local agencies
amend their general plans and any
applicable specific plans, as necessary,
in order to be consistent with the
ALUCP. Thus, staff included language
regarding ALUCP in the Safety Element
which was adopted on August 21, 2023.

ALUCP identifies portions of Foster City
within Airport Influence Areas A and B.

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

All new residential development projects,
other than additions and accessory
dwelling units (ADUs), within the
CM

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

95 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT Overflight Notification Zone 2 shall
incorporate a recorded overflight
notification requirement as a condition of
approval to provide a permanent form of
overflight notification to all future
property owners.

CHAPTER 7: SAFETY ELEMENT – ADOPTED AUGUST 2023
S-1.1 Ensure effective emergency response through established procedures, ongoing training programs, periodic exercises of the City's Emergency Operations Plan, and mutual aid agreements.

a. Maintain the City's Emergency Operations Plan, indicating responsibilities and procedures for responding to an emergency. b. Participate in general mutual-aid agreements and agreements with adjoining jurisdictions for cooperative response to fires, floods, earthquakes, and other disasters.

A Potable Water System Risk and
Resilience Assessment and updated
Emergency Response Plan were
certified to the Environmental Protection
Agency (EPA) in Juen and December
2021. A Tabletop Exercise of the
Emergency Response Plan was
conducted in October 2023 and an “After
Action” report was developed to guide
future activities.

FIRE
CDD
S-1.2 Plan for and provide facilities and materials anticipated to be needed to respond to emergencies.

Maintain the local government's emergency operations center in a full functional state of readiness.

As an infrastructure operator, designate a backup Emergency Operations Center with redundant communications systems.

Pre-position emergency power generation capacity (or have generation rental/lease agreement for these generators) in critical buildings to maintain continuity of government and services.

Ensure that critical intersection lights function following a loss of power by installing and maintaining battery back-ups and emergency generators.

Generators and pumps are inspected
and maintained year-round and funding
is set aside in the Equipment
Replacement Fund for proactive
replacement to ensure that equipment is
always ready to be deployed.

In 2023, standard operating procedures
for winter storm preparation were
reviewed and refined to ensure that the
City’s infrastructure is prepared for the
Winter Storm season.

FIRE
POLICE
PW

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96 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT Develop a plan for speeding the repair and functional restoration of water and wastewater systems through stockpiling of shoring materials, temporary pumps, surface pipelines, portable hydrants, and other supplies.

Provide emergency power at critical City facilities such as major sewer lift stations and lagoon pumps.

S-1.3 Provide police services necessary to maintain community order and public safety.

Provide adequate personnel, training, and equipment to support the provision of police services.

Review proposals for new and modified buildings for compliance with crime prevention requirements.

Ongoing POLICE
S-1.4 Prepare a recovery framework (prior to a disaster event) to help guide actions and priorities during and after a disaster event occurs.

Prepare a recovery framework (prior to a disaster event) to help guide actions and priorities during and after a disaster event occurs.

Consider and adopt regulations to guide response and recovery of City operations following a disaster event.

A Potable Water System Risk and
Resilience Assessment and updated
Emergency Response Plan were
certified to the Environmental Protection
Agency (EPA) in June and December
2021. A Tabletop Exercise of the
Emergency Response Plan was
conducted in October 2023 and an “After
Action” report was developed to guide
future activities.

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

Ongoing ALL

S-1.6 Minimize risks of potential hazards in the vicinity of SFO and San Carlos Airports.

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

97 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT Comply with the project referral, airspace protection, real estate transaction disclosure and overflight notification policies of the SFO and San Carlos ALUCPs
ALUCP. Thus, staff included language
regarding ALUCP in the Safety Element
which was adopted on August 21, 2023.

ALUCP identifies portions of Foster City
within Airport Influence Areas A and B.

All new residential development projects,
other than additions and accessory
dwelling units (ADUs), within the
Overflight Notification Zone 2 shall
incorporate a recorded overflight
notification requirement as a condition of
approval to provide a permanent form of
overflight notification to all future
property owners.

S-1.7 Offer information and programs regarding emergency preparedness.

Continue to provide emergency preparedness classes and Community Emergency Response Team (CERT) training.

Continue educating the public about emergency preparedness, including schools, businesses, and community groups.

Ongoing FIRE

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

98 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT S-1.8 Offer information and programs regarding seismic and geologic hazards, potential effects on buildings, and ways to mitigate these risks.

Include seismic safety education in City public education programs.

Assess non-structural seismic hazards as part of annual inspections of businesses.

Work with homeowners' associations to educate the need for earthquake- resistant connections when pipes enter and exit bridges and encourage the retrofit of these facilities.

Maintain a geotechnical report library at City Hall.

In 2023, SMC Fire began to conduct
annual vegetation/landscape inspection
of single-family homes.

CDD
FIRE
S-1.9 Educate the Public about Fire Hazards.

Provide fire education/prevention programs to the public, including schools, businesses, and community groups, through publications, training classes, and other means.

Ongoing FIRE

S-1.10 Educate the Public about Crime Prevention
Provide crime prevention programs to educate and involve the community, including but not limited to Security Surveys, Community Education, Social Media Outreach, and through the FC Civics Academy and FCPD Community Academy.

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

CDD

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99 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT ALUCP identifies portions of Foster City
within Airport Influence Areas A and B.

S-1.12 Ensure adequate evacuation capacity and infrastructure is available for existing and new development.

Develop an Evacuation Master Plan that identifies routes, potential hazard incidents, and criteria regarding capacity, safety, and viability.

Ongoing initiative with the Police
Department through the
Genasys/Zonehaven software.

Zonehaven is a planning app that allows
for the zoning of an area to create
evacuation routes. The app allows for
the identification of strategically
important facilities and locations that will
facilitate an evacuation is needed. The
plans have been created, locations
identified, and routes plotted and are
available to the Police Department and
PW
FIRE

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100

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT Fire Department. Plans are revisited
periodically.

S-1.13 In areas with inadequate access or without at least two evacuation routes, provide adequate mitigation actions to address the deficiencies required by the Fire Code and State law.

Identify existing and planned residential developments in hazard areas that do not have at least two emergency evacuation routes.

Ongoing initiative with the Police
Department through the
Genasys/Zonehaven software.

PW
FIRE

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

Ongoing initiative with the Police
Department through the
Genasys/Zonehaven software.

FIRE
POLICE

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101

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT S-1.15 Coordinate with Caltrans and the County of San Mateo regarding transportation-related projects that can address potential roadway network issues and constraints.

Ongoing. Staff discussions occur
monthly through C/CAG meetings.

PW
CM

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

Ongoing PW

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

Ongoing. Achieved through plan check
review process.

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

Ongoing. Achieved through plan check
review process.

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

Ongoing initiative with the Police
Department through the
Genasys/Zonehaven software.

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

Ongoing initiative with the Police
Department through the
Genasys/Zonehaven software.

Zonehaven is a planning app that allows
for the zoning of an area to create
FIRE
POLICE

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102

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT evacuation routes. The app allows for
the identification of strategically
important facilities and locations that will
facilitate an evacuation is needed. The
plans have been created, locations
identified, and routes plotted and are
available to the Police Department and
Fire Department. Plans are revisited
periodically.

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

SMC Fire in conjunction with San Mateo
County Department of Emergency
Management is developing such a
project.

FIRE

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

Water Saving Landscaping and Irrigation. Promote the use of low- water-use landscaping and irrigation devices in parks, and during review of new projects and modifications to existing developments.

Responsibility: Community Development Department, Parks and Recreation Department.

Timeline: Current and ongoing.

Ongoing

● Green infrastructure plan has
been developed to guide
construction of green
infrastructure as part of new
development
● Outdoor water use ordinance in
place
● Conservation-based water rates
● Water conservation rebates
● Free water use audits
● Outdoor Water Use checklists
for new development
● City website
● AMI system to generate water
consumption reports
PW
CDD

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103

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT C-b

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

Responsibility: Community Development Department, Public Works Department.

Timeline: During Plan Review/prepare brochure following adoption of this Element
Ongoing
● Review of landscape plans
● Conservation-based water rates
● Indoor Water Use checklist
● Outdoor Water Use checklist
● Rebates for replacement of turf
and purchase of low water use
appliances
● City website
PW
CDD
C-c

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

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

Timeline: As needed.

The District Board declared a water
shortage emergency condition in June
2022, and resided the declaration in July
2023 in response to respective
declaration by the California State Water
Resources Control Board.

EMID is continuing participation in the
Bay Area Water Supply & Conservation
Agency’s negotiation for a drought
implementation plan to allocate water
among San Francisco Public Utilities
Commission’s wholesale water
customers (also called a Tier 2 plan).

C-d

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

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

Responsibility: Public Works Department.

The Urban Water Management Plan was
revised and adopted in July 2021 with
plans for an update in FY24-25.

The Draft 2023 Foster City Climate
Action Plan Update includes the target to
PW

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104

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT Timeline: 1993. Reduce water consumption by 5% by
2030 and 15% by 2045.

C-e

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

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

Responsibility: Public Works Department.

Timeline: Current and ongoing.

Ongoing PW
C-f

Lagoon Water Quality. Continue to implement the Lagoon Management Plan in order to conserve and protect lagoon water quality by exchanging water with the Bay, with additional water quality testing sites and monitoring bacteria levels throughout the lagoon system.

Responsibility: Public Works Department.

Timeline: Current and ongoing.

Ongoing PW
C-g

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

Responsibility: Community Development Department.

Timeline: During Plan Review
Ongoing CDD
C-h

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

Ongoing
Included in the Draft 2023 Foster City
Climate Action Plan Update are Climate
Resiliency and Leadership Goals. These
goals are to educate and support the
whole community to live sustainably and
PW
CDD

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PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT Responsibility: Public Works Department, Community Development Department.

Timeline: Prepare brochure following adoption of this Element to prepare for and adapt to a rising sea
level and climate change.

C-i

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

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

Responsibility: Public Works Department.

Timeline: Current and ongoing
Ongoing PW

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

Responsibility: Community Development Department.

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

Responsibility: Community Development Department.

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

Responsibility: Community Development Department.

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

CDD

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PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT Timeline: Current and ongoing
C-m Reduction in Automobile Trips. Encourage Foster City residents and employees to consolidate and/or eliminate motor vehicle trips as often as possible.

Responsibility: Community Development Agency, Planning Division.

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

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

The Draft 2023 Foster City Climate Action
Plan Update includes measures and
actions to reduce vehicle miles travelled
commuting to work by encouraging
alternate means of transportation beyond
Single-Occupancy Vehicles.

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

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

Responsibility: Community Development Department.

Timeline: During Plan Review
Ongoing.

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

CDD

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PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT C-o Title 24. Construct new buildings and additions to energy efficiency standards according to Title 24 of the California State Model Code.

Responsibility: Community Development Department.

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

Included in Climate Action Plan.

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

Responsibility: Community Development Department.

Timeline: During Plan Review
Ongoing. The City offers “Express Plan
Checks” for Solar and EV Charging
station permits. In 2023, 148 solar
permits and 30 EV charging stations
permits were issued.

The 2023 Draft Foster City CAP Update
includes the goal to decarbonize existing
and commercial buildings with a target to
increase residential and commercial
solar installations. Additionally, the CAP
Update includes a target to continue
providing carbon-free electricity options
to the community and maintain
Peninsula Clean Energy opt-out rates of
less than 3%.

City joined Peninsula Clean Energy to
provide opportunity for all energy
customers to purchase power from
renewable sources and enrolled all City
facilities in the ECO-100 100%
renewable and carbon-free energy
option.

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

Responsibility: Community Development Department.

Ongoing CDD

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PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT Timeline: During Plan Review
C-r Energy Information and Outreach. Continue to expand and monitor information about energy conservation and establish a public outreach program to inform Foster City residents and businesses about the availability and importance of the information.

Responsibility: Community Development Department.

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

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

The 2023 Draft Foster City CAP
Update includes goals and measures
related to community outreach and
energy conservation.

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

The City annually participates in the
SunShares program to educate the
public on rooftop solar and zero-
emission vehicle discounts.

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

CDD
CM
C-s

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

Ongoing programs.

Included in the Draft 2023 Foster City
CAP Update is the goal to increase the
diversion of materials from landfills and
PW

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PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT Responsibility: City Manager’s Department, Community Development Department.

Timeline: Current and ongoing
the target to significantly reduce organic
waste to landfills.

C-u

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

Responsibility: Community Development Department.

Timeline: Current and ongoing

Ongoing programs.

Annually, green events are promoted
and widely used by the community. In
2023, two document destruction
(shred), one e-waste collection, six
compost give-aways, and the annual
coats for kids events were held. The
City continued to provide recycling
education through its website, direct
mail, social media and contacts from its
franchised hauler, JPA administrator
and contract staff.

Community outreach is a central
component to encouraging residents
and businesses. These efforts are
included in the Draft 2023 Foster City
CAP Update.

C-v

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

Responsibility: Community Development Department.

Timeline: Current and ongoing.

Ongoing programs.

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

Responsibility: City Manager's Department.

Ongoing programs. Included in Climate
Action Plan.

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PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT Timeline: December 1993.

C-x

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

Responsibility: Community Development Department.

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

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

Responsibility: Community Development Department, Parks and Recreation Department.

Timeline: Within one year following Element Adoption.

Ongoing CDD
C-z

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

Responsibility: Community Development Department.

Timeline: During Plan Review.

Ongoing CDD
C-aa

Projects in the Vicinity of Shoreline Band. Strictly control development proposals in the vicinity of the shoreline band.

Responsibility: Community Development Department.

Timeline: During Plan Review.

Ongoing CDD
C-bb

National Pollution Discharge Elimination System (NPDES) Stormwater Management Plan. Continue working with the county- wide task force to develop and implement a stormwater management plan to satisfy NPDES requirements. Review all new development and redevelopment, significant building and/or site modifications, and any projects which require right-of-way improvement or dedication for Ongoing
The City has adopted a Green
Infrastructure Program and has
amended its General Plan to include
goals, policies, and objectives which
PW

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111

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2023 DEPT opportunity of incorporation of Green Infrastructure (Including Green Streets) design, features, and measures. Green Infrastructure and Green Streets design shall be incorporated to the maximum extent practicable in conformance with the City’s Green Infrastructure Plan to be adopted in 2019 and for consistency and compliance with the Municipal Regional Stormwater Permit (MRP) and as directed by the State Water Resources Board; the Regional Water Quality Control Board, San Francisco Bay Region; the San Mateo Countywide Water Pollution Prevention Program; the Flood and Sea Level Rise Resiliency Agency, once formed; and standards of any relevant policymaking organization.

Responsibility: Public Works Department.

Timeline: Current and ongoing.
encourage use of environmentally-
friendly methods for treatment of
stormwater; Green Infrastructure Plan
provides conformance with requirements
of the Municipal Regional Stormwater
Permit through NPDES.

Additional Content:

Other related efforts and actions completed in 2023 that illustrate planning and development activity within the City are listed below:

• Interagency or Intergovernmental Coordination
o RICAPS - Foster City has participated in this San Mateo County Intergovernmental Coordination group for environmental sustainability.
o BAWSCA – Foster City has participated in this Intergovernmental group on water sustainability planning. o 21 Elements – Foster City participated in this Intergovernmental group in San Mateo County to collaborate on the Housing Element and housing issues.
o ALUC – Foster City coordinated the Safety Element policies to provide required overflight notification. o SamTrans - In 2023/2024 Staff participated in SamTrans Bus Stop Improvement Plan (BSIP) Public Agency Working Group meetings and reviewed Draft Bus Stop Design Guidelines. • Implementation of Mitigation Measures from the General Plan EIR:
o Created a draft of the Climate Action Plan
o Adopted an updated Safety Element (Mitigation Measure #3.7-7) • Equity Planning Considerations: The City included geographic targeting for improving housing choices in several Housing Element 2023-2031 programs.

6.2 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2023

112

Jurisdiction Foster City ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Project Type Notes
2 3 4 6 7 8 9 11 12 13
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very Low-
Income
Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-
Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total

APPROVED
Units by
project
Total

DISAPPROVED
Units by Project
Please select
streamlining
provision/s the
application was
submitted
pursuant to.

Did the housing
development
application seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915
approved?
Please indicate
the status of the
application.

Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 0 1 0 0 1 0 2 4 4 0 094-043-130 675 Harvester
Drive BLDG2023-0041
ADU R
1/25/2023
1 1 1 NONE No No Approved Ministerial 624 1 BR/1BA; Per ABAG Affordability of ADUs based
on survey 30% are very low,
30% low, 30% moderate,
10% above-moderate;
assumed to be moderate due
to size
094-081-450 837 Constitution
Drive BLDG2023-0321
ADU R
6/19/2023
1 1 1 NONE No No Approved Ministerial 303 Studio/1BA; Per ABAG Affordability of ADUs based
on survey 30% are very low,
30% low, 30% moderate,
10% above-moderate;
assumed to be very low due
to size
094-341-010 700 Marlin Avenue BLDG2023-0356
ADU R
6/30/2023
2 2 2 NONE No No Approved Ministerial Two 728 SF 2 BR/2 BA; Per ABAG Affordability of ADUs
based on survey 30% are
very low, 30% low, 30%
moderate, 10% above-
moderate; assumed to be
above-moderate due to size
0 0
0 0
0 Table A
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted

TABLE A

6.2 Attachment 3 - APR Reporting Tables A, A2, B, D, K & LEAP Reporting

113

Jurisdiction Foster City ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 01/31/2031
Table A2
Streamlining Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Entitlement
Date Approved # of Units issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income?
Please select the
streamlining
provision the
project was

APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destroyed
Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential G ross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 0 1 0 0 0 1 2 4 0 3 0 0 0 0 14 10 3 2 094-372-310 321 Topsail Court BLDG2021-0567 ADU R 0 1 1/18/2022 1 1 2/27/2023 1 1 NONE Y 795 SF 2 BR/2BA; Owner reported zero rent for family use 0
094-030-310 150 Flying Cloud
Isle BLDG2022-0198 SFD O 0 1 5/3/2022 1 1 6/28/2023 1 0 NONE Y 1 Demolished O 094-030-310 150 Flying Cloud
Isle BLDG2022-0198 ADU R 0 1 5/3/2022 0 1 6/28/2023 0 1 NONE Y 392 SF Studio/1 BA; Owner reported zero rent for family use
094-013-240 202-212 Calypso Pilgrim Triton
Townouses BRES2019-460 5+ O 6 5/23/2022 6 12/14/2023 NONE Y 0 094-013-240 201-211 Calypso
Lane
Pilgrim Triton
Townouses BRES2019-462 5+ O 0 6 9/23/2021 6 6 4/10/2023 6 0 NONE Y 0 094-043-130 675 Harvester
Drive BLDG2023-0041 ADU R
0 1 11/21/2023 1 0 0 NONE Y
624 1 BR/1BA; Per ABAG
Affordability of ADUs based on
survey 30% are very low, 30%
low, 30% moderate, 10% above-
moderate; assumed to be
moderate due to size
0 094-081-450 837 Constitution
Drive BLDG2023-0321 ADU R
0 1 9/19/2023 1 0 0 NONE Y
303 Studio/1BA; Per ABAG
Affordability of ADUs based on
survey 30% are very low, 30%
low, 30% moderate, 10% above-
moderate; assumed to be very
low due to size
0 094-341-010 700 Marlin
Avenue BLDG2023-0356 ADU R
0 2 11/15/2023 2 0 0 NONE Y
Two 728 SF 2 BR/2 BA; Per
ABAG Affordability of ADUs
based on survey 30% are very
low, 30% low, 30% moderate,
10% above-moderate; assumed
to be above-moderate due to
s ize
0 094-850-520 926 Aruba Lane BLDG2022-0411 SFD O 0 1 7/27/2022 1 1 6/12/2023 1 0 NONE Y 1 Demolished O 094-193-110 723 Widgeon
Street BLDG2021-0046 ADU R
0 1 6/21/2021 1 1 4/13/2023 1 1 NONE Y
564 SF manufactuered ADU;
Owner reported zero rent for
family use
0 0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
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0 0 0
0 0 0
0 0 0
0 0 0
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0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed UnitsProject Identifier Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
TABLE A2

6.2 Attachment 3 - APR Reporting Tables A, A2, B, D, K & LEAP Reporting

114

Jurisdiction Foster City ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
06/30/2022-
01/30/2023
2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - 1 - - - - - - - - Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - -
Non-Deed Restricted 1 1 - - - - - - - - Above Moderate 777 1 2 - - - - - - - - 3 774 1,896
2 4 - - - - - - - - 6 1,890
5 6 7
Extremely low-Income
Need 2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date
Total Units
Remaining
260 - - - - - - - - - - 260
299
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

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

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

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
298
1 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
2 Moderate
520
299
300
Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
519

TABLE B

6.2 Attachment 3 - APR Reporting Tables A, A2, B, D, K & LEAP Reporting

115

Jurisdiction Foster City
Reporting Year 2023 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation H-A-1-a Annual Tracking of
Housing Activity
The City will provide a statistical summary of
residential building activity tied to various types of
housing, household need, income and Housing
Element program targets.

Provide information annually by
April 1 as part of the General Plan
Annual Progress Report
See Tables A, A2, and B, attached.

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

TABLE D

6.2 Attachment 3 - APR Reporting Tables A, A2, B, D, K & LEAP Reporting

116

H-A-1-b No Net
Loss/Development Pipeline
Monitoring
Evaluate residential development proposals for
consistency with the 2023-2031 Housing Element
Sites Inventory. If a development approval will cause
the Sites Inventory to be unable to accommodate all
income levels of the RHNA, then additional site(s)
shall be added pursuant to Government Code
Section 65863(b)(1). No later than December 2023,
the City will develop a procedure to monitor the
development of proposed projects and vacant and
non-vacant sites in the Sites Inventory and ensure
that adequate sites are available throughout the 6th
Cycle Planning Period to meet the remaining RHNA
by income category to implement “no net loss”
requirements. The City will monitor and report on
the “no net loss” requirement on an annual basis
with the Annual Progress Report. The procedure will
monitor: 1) Unit count and income/affordability
assumed on parcels included in the
sites inventory as proposed projects, vacant, and
underutilized sites.
2) Actual units constructed and income/affordability
when parcels are
developed.
3) Net change in capacity and income/affordability
and a summary of
remaining capacity and income/affordability in
meeting the City’s
remaining RHNA.
4) Within one year of report on the “no net loss”, if
necessary, make
adjustments (e.g., incentives, rezonings, etc.) or
identify additional sites.
5) In 2027 conduct a mid-term evaluation of the
effectiveness of strategies in
Develop procedure for monitoring
by December 2023 and provide
information annually by April 1 as
part of the General Plan Annual
Progress Report
Procedure is being developed for monitoring and making findings regarding any housing approvals to ensure adequate sites remain in the sites inventory. No approvals were issued in 2023 for sites in the site inventory.

H-A-1-c Future Housing Element
Update
The City will update its Housing Element, consistent
with State Law requirements.

Provide the next update by
January 2031
No update in 2023.

H-A-1-d Evaluate General Plan
Amendments for Consistency
with Housing Element
Any future amendments to the General Plan will be
evaluated for consistency with the Housing
Element.

Ongoing The Safety Element was adopted on August 21, 2023 and was internally consistent with all other elements of the General Plan.

6.2 Attachment 3 - APR Reporting Tables A, A2, B, D, K & LEAP Reporting

117

H-A-2-a Community Outreach
The City will build on the success of “Home is Foster
City” and “Community Dialogue Series” outreach
programs to improve citizen awareness of housing
needs, rehabilitation and disaster assistance loan
subsidy programs, code enforcement, energy
conservation programs, fair housing laws and
affordable housing resources by: (1) having printed
housing information available at City Hall, library,
and other
key locations;
(2) providing public information through articles in
the local newspaper, on the
City’s website, the digital marquee, social media,
and with cable TV public
service announcements;
(3) using additional methods to reach underserved
and/or often
underrepresented members of the community,
including but not limited to
low-income households, renters, and persons with
disabilities.

Update website and print
materials by December 2023;
update social media and local
newspaper articles at least once
per year
As part of the City’s 2023 Climate Action Plan Update, extensive outreach was completed with about 2,000 interactions with community members. Staff updated the website with access to flyers on housing programs and resources and created hardcopy flyers for public facilities. All housing-related flyers can be found under ‘Supporting Documents’ on the City’s webpage:
https://www.fostercity.org/commdev/page/below-market-rate-housing-requirements and https://www.fostercity.org/commdev/page/housing-resources-0. In addition, staff created a housing inquiry intake form to assist members of the public and tailor responses to specific needs. The digital version of the form is also available in 7 languages with opportunity to add additional languages as needed. The form is available on the Housing Resources website. Lastly, staff created a Strategic Community Outreach Plan in 2023.

H-A-3-a Technical Assistance to
Non-Profits
The City will update the City’s BMR Administrative
Guidelines to provide technical assistance, such as
information on applicable regulations and policies
and how to coordinate various programs, to non-
profit groups organized to encourage provision of
affordable housing and sponsors of affordable
housing projects and programs. The City will
facilitate provision of affordable housing by
providing technical assistance in a liaison role with
non-profit housing groups and managers of
affordable housing units in the City.

Update City’s BMR Administrative
Guidelines and post on the City’s
website by December 2024
BMR Guidelines were updated in 2023 and the new guidelines became effective in January of 2024.

Guidelines for the rental programs and ownership programs are on the City’s webpage:
https://www.fostercity.org/commdev/page/below-market-rate-housing-requirements. Trainings are ongoing in 2024 and include group sessions and individual sessions with property managers.

H-A-4-a Adequate Water Supply
Work with EMID to develop water conservation
requirements and/or increased water supply that will
ensure sufficient water capacity to accommodate
the RHNA, such as the potential use of water
demand offset policies, require new and renovated
developments to have “net neutral” water demand,
or use of recycled water for irrigation.

Prior to or concurrent with
adoption of Housing Element
On May 1, 2023, the EMID Board added Chapter 8.90, Water Neutrality Growth, to the EMID Code and in 2024 is developing guidelines for implementation of the ordinance. The Guidebook can be found on the website:
https://www.fostercity.org/commdev/page/water-neutrality-guidebook. EMID has Water Conservation ordinances and offers water conservation rebates to all water customers (residential and commercial) and actively promotes rebates.

6.2 Attachment 3 - APR Reporting Tables A, A2, B, D, K & LEAP Reporting

118

H-A-4-b Housing Element
Transmittal to EMID
Upon adoption of the Housing Element, provide a
copy to EMID in compliance with California
Governmetn Code Section 65589.7
Within five (5) days of adoption Completed in 2023.

H-A-4-c Update Urban Water
Management Plan
Work with EMID on updates to the Urban Water
Management Plan (UWMP) and other policies and
procedures to ensure implementation of the
required priority for water and sewer service for
developments with units affordable to lower-income
households, as required by California Government
Code 65589.7.

Assist with update of next UWMP
by 2025 Work will begin in 2024.

H-A-4-d Water Conservation
Work with EMID to develop, promote, and
implement water conservation methods and
programs for new and existing developments, such
as low flow fixtures, rebate programs, “lawn
begone”, etc. Improve promotion by providing
information on conservation programs to building
permit applicants.

Improve Building Division website
and handout information on
conservation programs by
December 2023
Water Conservation Rebate Programs added to the City’s Public Works webpage:
https://www.fostercity.org/publicworks/page/water-conservation-rebate-programs H-A-5-a Commercial Linkage Fee
Continue to implement the City’s commercial
linkage fee on new commercial development as a
way to require new commercial development to
contribute to the supply of affordable housing and
to provide funding for affordable housing programs,
including periodic review and update of the fee
every five to seven years following the update in
2022.

Review and update by 2028;
review and update every five to
seven years thereafter
On track to review and update by 2028.

H-A-5-b Local, State and Federal
Funding for Affordable Housing
Monitor the availability of and apply for local, state
or federal funding sources that could be used to
provide funding for affordable housing programs.

Report on funding applications to
City Council annually in the
General Plan Annual Report
Staff created a webpage in the housing section of the Community Development Department webpages dedicated to affordable housing funding opportunities. Staff began two applications for the County of San Mateo annual NOFA for CDBG, HOME, and PLHA funds – one for $199,000 for rehabilitation of two existing low-income units to transition them to supportive housing, and the other for $400,000 (over two years) for a low-income homeowner loan program.

H-A-5-c Expand Sources of Funds
for 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.

Recommend legal framework to
City Council by December 2023
Work was begun on establishing a local housing trust fund to be reviewed by the City Council in February 2024.

6.2 Attachment 3 - APR Reporting Tables A, A2, B, D, K & LEAP Reporting

119

H-A-5-d Budgeting for Housing
Program
As part of the annual budget, allocate funds from
the City Affordable Housing Fund or other sources
to fund programs to address housing needs
identified in the Housing Element and based on
timing commitments specified for each program,
that may include but are not limited to: (1) Staffing
and other resources to administer housing
programs.
(2) H-B-2-a: Lower Income Homeowner
Rehabilitation.
(3) H-B-2-b: Facilitate Non-Profit Rehabilitation and
Maintenance Assistance.
(4) H-D-4-b: ADU Financial Incentive Program.
(5) H-F-2-a: Emergency Housing Assistance.
(6) H-G-2-b: Fair Housing Training for Landlords and
Tenants
Implement funding for programs
as part of the annual budget
process
There was no budget allocation for these items in 2023 and will be a part of the 2024-2025 budgeting.

H-A-6-a Local Labor Program
List
Establish and post a list of local labor unions and
apprenticeship programs on City’s website and
encourage the developers and contractors to hire
local labor.

Establish the list by December
2023. Bi-annually update the list or
upon requests from the local
unions to be added to the list.

Completed. The contacts have been posted on the City’s webpage:
https://www.fostercity.org/commdev/page/planning-resources H-B-1-a Continue Code
Enforcement
Continue the existing Zoning and Building Code
Enforcement and Property Maintenance programs.

In addition, continue the mandatory fire code
inspection program. Provide referrals to assistance
programs in cases where owner is eligible per H-B-2-
b.

Continue to implement program In 2023, a total of 143 cases were opened. Of those, 71 cases were closed in less than 90 days.

H-B-2-a Lower-Income
Homeowner Rhabilitation Loans
The City will provide or partner with a regional
program to provide rehabilitation loans, energy
improvement such as weatherization or solar,
disaster assistance programs, and proactive
outreach to lower-income homeowners.

Implement program by December
2024
Application to San Mateo County for funding for this program was prepared and submitted in January 2024.

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H-B-2-b Facilitate Non-Profit
Rehabilitation/Maintenance
Assistance
The City will initiate a rebate program to provide up
to $5,000 in funding to very low-income
homeowners who cannot otherwise afford the
repairs. Eligible repairs include weatherization of
doors and windows, broken windows and doors,
installation of smoke detectors, water-heater
replacement, electrical/mechanical work, plumbing
repairs, solar photovoltaic, and accessibility
improvements. The City will identify possible non-
profit organizations (such as Rebuilding Together
Peninsula, churches, service clubs, or Girl or Boy
Scouts) that can provide assistance/proactive
outreach and will provide information on the City’s
website and handouts at City Hall.

Implement program by December
2024 On track to implement program by December 2024.

H-B-3-a Encourage Energy
Conservation
The City will continue to encourage Energy
Conservation measures by enforcing CALGreen
Energy requirements and continue to waive building
permit fees for solar permits (photovoltaic panels).

The City will continue the solar photovoltaic $1000
rebate program as long as funds are available.

Continue to implement program
The Solar PV rebate program was on-going in 2023. A total of 30 EV Charging electrical permits were issued and a total of 12 solar rebates were issued in 2023. Information on the Solar Rebate Program can be found on the City’s website at: https://www.fostercity.org/publicworks/page/solar-rebate-program H-B-3-b Expedited Energy
Conservation Permits
Continue to streamline permit processes for
expedited review of solar permits and Electric
Vehicle charging stations permits.

Continue to implement program Express Plan Check for solar and EV Charging permits was initiated in 2023.

H-B-3-c Increase Awareness
Regarding Energy Conservation
The City will continue to partner with regional
agencies, such as Peninsula Clean Energy, RICAPS,
and BAYREN. Update the City’s website to make
information easy to find and promote energy
conservation resources, programs, and rebates
Update website by December
2023 and annually thereafter
The Draft 2023 Foster City Climate Action Plan Update includes a target to reduce energy emissions by 50% compared to 2005. Measures to reach this goal include promotion and expansion of participation in residential and commercial energy efficiency programs. The City’s webpage can be found here and was updated in 2023: https://sustainable.fostercity.org/environmental-sustainability/resources-2/ H-B-3-d Climate Action plan
Implement recommended energy conservation
measures for housing upon completion of the 2023
Climate Action Plan update.

Adopt CAP implementation
programs by the end of 2024
The Administrative Draft 2023 Foster City Climate Action Plan Update was completed in November 2023. The five-year plan includes measures and actions to help the City reach a 49% decrease in GHG emissions below 2005 levels. On track to adopt CAP and implementation programs by the end of 2024.

H-B-4-a Update Architectural
and Solar Guidelines for Single
Family Homes
Update the Architectural and Solar Guidelines to
implement the City’s Architectural Review
requirements contained in Chapter 17.58 of the
Foster City Municipal Code to ensure that
development preserves the architectural character
and scale of the neighborhoods and community and
is well designed.

Update Architectural and Solar
Guidelines by December 2025 On track to update Architectural and Solar Guidelines by December 2025.

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H-B-5-a Air Quality Impacts
When site-specific development is proposed and/or
a Rezoning application is processed, potential air
quality impacts from project traffic and other
significant sources shall be studied, and mitigation
measures to ensure compliance with the Bay Area
Air Quality Management District standards in effect
at the time shall be recommended if necessary.

Continue to implement program All 2023 new development proposals (four ADUs), were exempt from environmental review under the California Environmental Quality Act (CEQA).

H-B-5-b Geotechnical Studies
Prior to any residential construction on the project
sites, geotechnical studies would be required by the
City unless a site-specific geotechnical study is
already on file with the City.

Continue to implement program All 2023 new development proposals (four ADUs), were exempt from environmental review under the California Environmental Quality Act (CEQA).

H-B-5-c Seismic Hazards
Buildings shall conform to the requirements of the
latest adopted edition of the California Building
Standards Code to reduce potential seismic-related
hazards.

Continue to implement program All building permits for new units are reviewed for compliance with Building Standards Code, including requirements to reduce seismic-related hazards.

H-B-5-d Environmental Site
Assessment
When a site-specific development is proposed for
housing on a site that was previously used for
commercial or industrial uses, a Phase I and II Site
Assessment shall be conducted to identify the
extent of contamination and the clean-up measures
necessary to meet the requirements of the
Department of Toxic Substances Control and the
Regional Water Quality Control Board.

Continue to implement program All 2023 new development proposals (four ADUs), were exempt from environmental review under the California Environmental Quality Act (CEQA).

H-B-5-e NPDES Requirements
All National Pollutant Discharge Elimination System
(NPDES) requirements will be met or required as
mitigation measures for applicable housing projects.

Continue to implement program Ongoing.

H-B-5-f Noise Studies
Noise studies shall be undertaken for each site when
a site-specific housing development is proposed.

These studies will identify needed mitigation
measures to reduce noise levels to an acceptable
level for residential uses of the sites as identified in the Noise Element of the Foster City General Plan.

Continue to implement program Ongoing. No new development proposals subject to this program in 2023.

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H-B-5-g Traffic Impacts
Traffic impacts shall be evaluated for housing
development pursuant to the threshold
requirements for CEQA analysis of traffic impacts.

Each site-specific evaluation will consider Vehicle
Miles Traveled (VMT), intersection and freeway
impacts, TDM measures incorporated into the
project, parking, transit, pedestrian/bicycle safety,
and potential impacts on neighborhood streets and
evacuation.

Continue to implement program Ongoing. No new development proposals subject to this program in 2023.

H-B-5-h Water Supply
Assessment
A Water Supply Assessment (WSA) shall be
performed for housing development proposals not
previously analyzed pursuant to the threshold
requirements for WSAs contained in California
Water Code Section 10910 et seq. and California
Government Code Section 66473.7.

Continue to implement program Ongoing. No new development proposals subject to this program in 2023.

H-C-1-a Condominium
Conversion Regulation
Continue implementation of the condominium
conversion ordinance linking any conversions to the
development of additional rental housing within the
city. The ordinance provides for lifetime leases for
seniors and handicapped tenants. Continue the
requirement for deed restrictions on resale (unless
financing is impossible), or 1% of gross sales must be
contributed to the City, and comparable rental
housing must be available in the Housing Market
Area.

Continue to implement program Ongoing.

H-C-1-b Amend Percentage of
BMR Units in Conversions
Review the existing conversion regulations in
Chapter 17.76 of the Municipal Code to ensure
conformance with applicable state law pertaining to
the percentage of converted units required to be set
aside for qualified lower- and moderate-income
owners.

Report to City Council regarding
conformance by December 2024 On track to report to City Council regarding conformance by December 2024.

H-C-2-a Monitor Affordable
Housing Regulatory Agreements
The City will continue to monitor and enforce
existing affordable housing regulatory agreements,
including but not limited to exploration of ways to
improve the efficiency of the process, and updating
the City’s BMR Administrative Guidelines to
incorporate procedures for investigating complaints.

Adopt efficiency improvements
and update the BMR
Administrative Guidelines by
December 2024
Completed December 20, 2023.

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H-C-2-b Continue to Monito
Expiration of Affordability
Convenants
Monitor affordable rental housing developments
that are at risk of conversion to market rate (there
are none in this 2023-2031 planning period). Work
with landlords, tenants, and other agencies at least
five years prior to the expiration date of affordability covenants to minimize the impacts of the expiration
of affordability covenants as follows: Proactively
reach out to owners to ascertain their intentions and
discuss
alternatives;
 Work with owners and property managers to
evaluate preservation
options in exchange for extensions of affordability
covenants;
 Hold public hearings upon receipt of any Notice of
Intent to Sell or Notice
of Intent to Convert to Market Rate Housing
pursuant to Section 65863.10
of the Government Code and provide tenant
education on housing rights.

Include information in General
Plan Annual Report listing any
expiration dates within ten years;
reach out to owners at least five
years prior to expiration
The final four BMR units at Foster’s Landing expired December 31, 2023. The City provided opportunities for relocation assistance services and early relocation to all four households. Of the four, three relocated and one elected to stay at Foster’s Landing in a market rate unit. 69 of the other 70 BMR tenants at Foster’s Landing relocated prior to December 31, 2023, and one relocated in January 2024. There are no rental affordability restrictions scheduled to expire in the next 10 years.

H-C-2-c Replacement Unit
Requirements
The City shall not approve a housing development
project that will include the demolition of existing
housing units unless provisions are included to
demonstrate compliance with California
Government Code Sections 65915(c)(3) and
66300(d), requiring replacement units to be
restricted to lower-income households to match the
percentage of lower-income tenants, as provided in
Chapter 17.55, Replacement Units, adopted in
January 2023. The City shall include the necessary
information in the planning application submittal
requirements.

Amend submittal requirements by
December 2023 Complete. Staff modified application requirements in 2023.

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H-C-3-a Anti-Displacement Plan
for Redevelopment of Existing
Multifamily Developments
If an existing multifamily apartment development is
repaired or redeveloped including the displacement
of one or more tenants, the application submitted
for repairs or redevelopment including displacement
of any tenants shall include a plan that
demonstrates how impacts to existing tenants that
are being displaced are minimized through such
means as phasing, financial assistance, and
relocation services. Such plan shall also include a
robust outreach plan to affected tenants.

Amend submittal requirements by
December 2023 On track to be completed in first quarter of 2024.

H-C-3-b Anti-Displacement
Strategy
Develop an Anti-Displacement Strategy, including
assessment of a variety of tenant protection
measures to determine if appropriate for Foster
City, including but not limited to: a) expansion of
relocation benefits beyond those required by
California law for landlords to pay to lower-income
tenants to also apply to moderate-income
te
----
nants; b) expansion of the amount of
relocation benefits beyond those required by
California law for lower-income tenants; c)
minimum lease terms; d) required notifications to
tenants and landlords of legal requirements; and e)
expansion of any other relocation/anti-displacement
provisions.

Implement program by December
2024 On track to implement program by December 2024.

H-C-3-c Facilitate Resolution of
Rental Disputes
Continue working with the Peninsula Conflict
Resolution Center and the Tri-County Apartment
Association as vehicles to moderate rent increases
and minimize displacements in the City and to
resolve rental disputes between renters and
property owners.

Update website by December
2023
Ongoing. Staff refers tenants and landlords to Peninsula Conflict Resolution Center as appropriate and encourages landlords that are members of the California Apartment Association to utilize the training and other resources available to them through the association to help resolve disputes. The City also provides tenants and landlords with a link to the California Tenants’ and Landlords’ Rights publication provided by the State of California Judicial Branch. These resources are all on the City’s Housing webpage which were updated in 2023: https://www.fostercity.org/commdev/page/housing-resources-0

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H-C-3-d Facilitate Tenant
Protection Act of 2019 (AB1482)
In coordination with programs promoting fair
housing under H-G, provide information on laws
regarding maximum annual rent increases, just
cause evictions, and financial compensation
requirements.

Update website by December
2023; Provide at least one
information session per year
Website has been updated to add information for both landlords and tenants:
https://www.fostercity.org/commdev/page/landlordproperty-manager-resources, https://www.fostercity.org/sites/default/files/fileattachments/community_development/page/16212/fc_ tenant_info_sheet.pdf. Information sessions will take place in 2024.

H-C-4-a Rental Housing
Assistance Information
Encourage the use of federal, State and local rental
housing programs by providing information on the
City’s website. Continue to publicize and promote
programs offered by the San Mateo County Housing
Authority through proactive public outreach
including but not limited to the Section 8 Rental
Assistance Program, landlord incentive programs
(such as Landlord Continuity Bonus, New Landlord
Bonus, and Landlord “No Loss” Bonus) programs for
landlords to rent to holders of Housing Choice or
HUD-VASH (Veteran) Vouchers.

Update website by December
2023 and then annually
Staff created multiple webpages for information and resources:
https://www.fostercity.org/commdev/page/fair-housing,
https://www.fostercity.org/commdev/page/housing-resources-0, https://www.fostercity.org/commdev/page/affordable-housing-adults-disabilities, https://www.fostercity.org/commdev/page/other-housing-programs, https://www.fostercity.org/commdev/page/landlordproperty-manager-resources, https://www.fostercity.org/commdev/page/rental-below-market-rate-units, https://www.fostercity.org/commdev/page/frequently-asked-questions, https://www.fostercity.org/commdev/page/funding-resources-housing, https://www.fostercity.org/commdev/page/housing-legislation.

H-D-1-a Selection of Housing
Opportunity Areas
The City will use the following criteria in selecting
Housing Opportunity sites or areas for the Housing
Sites Inventory:(1) Housing on the site will help
affirmatively further fair housing by expanding
the distribution and variety of housing types and
sizes in the City.
(2) Potential for adequate and safe internal and
external vehicular and
pedestrian circulation, including emergency
evacuation.
(3) Convenient access to existing public
transportation or the potential for such
access as public transportation systems are
Use criteria to evaluate
applications as they are
submitted; use to evaluate new
sites as part of mid-cycle review of
RHNA progress by December
2026.

No update in 2023.

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H-D-1-b General Plan and Zoning
Amendments to Facilitate
Housing on Housing Opportunity
Sites in the Sites Inventory
Concurrent with or prior to adoption of the Housing
Element, adopt the following General Plan and
zoning amendments:(1)Rezone R-3 RHNA 5 sites to
R-4. These sites include Harbor Cove, Franciscan,
Sand Cove, and The Lagoons. (Adopted January
2023)
(2)Rezone R-4 RHNA 5 sites to allow by right
development for projects with 20% or more lower-
income units. These sites include Beach Cove and
Shadow Cove. (Adopted January 2023)
(3)Amend R-3 (Chapter 17.18) and R-4 (Chapter

17.20) for consistency with General Plan minimum
and maximum densities. (Adopted January 2023)
(4)Rezone Commercial Housing Opportunity Site
to Allow Mixed-Use. Concurrent with adoption of
this Housing Element, rezone the Housing
Opportunity Site currently developed with
commercial uses to allow either commercial or
mixed-use of commercial and residential. This
includes the 1010 Metro Center Boulevard site.
(5)Mixed-Use Densities. The City will amend the
Zoning regulations for the C-2 District, and others as
necessary, and General Plan Land Use Designations
for Town Center Commercial, Civic Center Mixed
Use, and other land use designations as appropriate,
to establish allowed densities in mixed use zoning
districts.
(6)Rezone Foster’s Landing from R-3/PD to CM/PD
and amend General Plan from Apartment
Residential to Civic Center Mixed Use. Concurrent
with adoption of this Housing Element, rezone this
site to allow higher density housing/mixed use.
(7)Eaves from R-3 to R-4/PD. The City will amend
the zoning for this centrally located site to facilitate General Plan and Zoning in place
prior to or upon Housing Element
Adoption
Completed in 2023. Sites were rezoned by Ordinances 658, 664, and 665. Land Use Plan Designations were amended by Resolution 2023-49.

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H-D-2-a Potential Re-Use of
Commercial Sites
The City will reevaluate the land use designations for
the City's neighborhood shopping centers or other
commercial sites biannually beginning in 2026 or 1)
if approvals of a development trigger the “no net
loss” requirements; 2) if the owner initiates
redevelopment of a commercial site, or 3) any of the
commercial activities become not viable. If
residential or mixed-use developments are
considered, criteria for determining the appropriate
housing types include: (1) The type of street (major,
collector, etc.) which would provide access to the
site and levels of service on the street in the morning and afternoon peak hours. (2) Availability of public
services and facilities such as infrastructure (water,
sewer, etc.), school capacity, parks and open space.
(3) The ability of the project to provide landscaping
for parking areas, facade modulation and
orientation of buildings which would ensure privacy
for, and minimize impacts on, any adjacent single-
family homes, and reduce the perception of density
in a multi-family project. (4) Potential to provide
housing for employees. (5) The ability of the project
to provide neighborhood serving commercial uses.
(6) Potential to provide waterfront amenities and/or
waterfront commercial uses. (7) Maintaining a Sites
Inventory that can accommodate the RHNA.

Rezone 1010 Metro Center
Boulevard by December 2023;
Biannual review and report to
Planning Commission and City
Council with first report and
adoption of accompanying
general plan amendments and/or
zoning actions by July 2026, or
sooner if circumstances require as
outlined above
Completed in 2023. Rezoning of 1010 Metro was completed with Ordinance 665.

H-D-3-a Update Planned
Development Process
Amend the zoning regulations for the Planned
Development Combining District, Chapter 17.36, to
align with requirements for objective standards and
retain the ability to provide flexibility and incentives including but not limited to address special housing
needs and a diversity of housing choices.

Implement program by December
2026 On track to implement program by December 2026.

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H-D-4-a ADUs
Continue implementation of Chapter 17.78,
Accessory Dwelling Units. Update the City’s ADU
ordinance to comply with State laws by December
2023 and subsequently update the City’s regulations
to comply with new state laws within six months of
being effective.

Update Chapter 17.78 to comply
with 2023 State laws by December
2023 and update the City’s
regulations to comply with
subsequent new State laws within
6 months of being effective
Completed in October 2023 with Ordinance 669.

H-D-4-b ADU/JADU Financial
Incentive Program
Provide or partner with another organization to
provide a financial incentive program for single-
family homeowners to construct an ADU/JADU that
is restricted for lower-income households for 10-15
years, with an additional incentive amount for units
subject to a preference for identified categories of
special needs people who would benefit from
coordinated onsite services, including but not
limited to people with developmental disabilities.

Implement program by December
2024 On track to implement progam by December 2024.

H-D-4-c Preapproved ADU/JADU
Designs and Expedited Review
Adopt preapproved ADU/JADU designs/plans to
streamline the review process, facilitate reduced
applicant cost and expedited review for
ADUs/JADUs. Work with homeowners’ associations
to incorporate their input on preapproved designs
that are appropriate for their development and
encourage them to adopt prototypical designs for
ADUs/JADUs. Ensure preapproved designs/plans
provide choices and diversity in size to
accommodate a variety of household sizes and
types.

Implement program by December
2024 On track to implement progam by December 2024.

H-D-4-d Improved Public
Information on ADUs
Promote information and tools available to facilitate
ADU construction and encourage desirable features
such as energy conservation and universal design for
accessibility. Provide easily accessible information
on the City’s website and at the public counter.

Improve website and counter
information by December 2023
Completed. Staff has added an ADU page on the City’s webpage:
https://www.fostercity.org/commdev/page/accessory-dwelling-unit-adu H-D-4-e Amnesty Program for
Existing Unapproved ADUs
Develop a program to provide property owners with
the opportunity to formally legalize existing
unpermitted ADUs of any size.

Implement program by December
2025 On track to implement program by December 2025.

H-D-4-f Objective Design
Standards for ADUs
Develop and adopt objective design standards for
ADUs.

Adopt Standards by December
2024
On track to implement program by December 2024.

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H-D-4-g Multi-Family ADUs
The City will develop incentives to encourage
multifamily ADUs in accordance with Chapter 17.78
of the Municipal Code and applicable State laws
including but not limited to such measures as
financial assistance, reduced fees, and/or expedited
processing.

Develop incentive program by
December 2024 On track to implement program by December 2024.

H-D-4-h ADU Monitoring
The City shall track new ADUs (at single-family and
multifamily sites) and collect information on the use
and affordability of these units in each Annual
Progress Report. Biannually through the projection
period (beginning in 2025), if determined that at
least 50% units are not meeting a lower-income
housing need, the City shall adopt additional
incentives to facilitate ADUs.

Annual monitoring by April 1 as
part of Annual Progress Report;
determination biannually
beginning in 2025
Refer to Table A2 for building permits and certificates of occupancies issued for ADUs in 2023.

H-D-5-a School Sites
Pursue opportunities with the public school district
and private schools, including but not limited to
General Plan and PF zoning amendments, to
incorporate on-site residential uses for faculty and
staff along with educational facilities to increase the supply of school employee housing.

Adopt General Plan and PF zoning
amendments and meet with San
Mateo-Foster City School District
and at least one private school by
December 2024
On track to meet with School District and at least one private school in 2024.

H-D-5-b Religious and Nonprofit-
Owned Sites
Pursue opportunities for provision of housing on
sites owned by religious or non-profit organizations,
including the special parking provisions of California
Government Code Section 65913.6. Collaborate with
religious and non-profit officials on amendments to
zoning regulations.

Amend zoning regulations by
December 2024 On track to amend zoning regulations by December 2024.

H-D-6-a Minimize Governmental
Constraits
The City will review the entire development process
and remove any governmental and regulatory
constraints to the production of affordable housing,
including streamlining the preliminary review
process and to allow more types of projects to be
approved at the staff level. The City will: 1) engage
with affordable housing developers to identify
governmental constraints, 2) continue to evaluate
and improve the streamlined processing system to
facilitate residential development, and 3) streamline
100% affordable housing with a priority staff-level
planning entitlement process.

Engage with affordable housing
developers by December 2024,
amend zoning code to streamline
processing system by December
2025; repeat in 2028
On track to engage with affordable housing developers in 2024 and amend zoning code to streamline process system by December 2025.

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H-D-6-b Minimize Zoning
Constraints
Evaluate zoning regulations that discourage the
development of diverse housing types, including
smaller, more affordable units and two- and three-
bedroom units suitable for families and children.

Amend City codes, including rescinding minimum
floor areas in Chapter 17.56, provide that
manufactured homes are permitted in single-family
districts, and other amendments to encourage
diverse housing types.

Rescinded minimum floor areas in
Chapter 17.56 and provided for
manufactured homes by January
2023 (see Appendix H); amend
zoning regulations to further
encourage diverse housing types
by December 2024
Rescind minimum floor areas by Ordinance 660. Objective Design Standards included amendments to site developments standards and guest parking adopted in January 2024.

H-D-6-c Amend Parking
Requirements
Amend parking requirements for multi-family
housing as necessary, including but not limited to
setting a maximum of two stalls per unit and
reducing guest parking requirements by 50%, to
allow General Plan densities and to reduce housing
costs and provide appropriate parking requirements
for elderly, developmentally disabled, or other
special needs populations.

Report with recommendations to
Planning Commission and City
Council by December 2024
Parking requirements were amended in January 2024 to reduce guest parking by 50%.

H-D-6-d Development Impact
Fee Waivers
Provide a 75% reduction in development impact fees
for very low and low income units, provided that at
least 20% of the units in the project are designated
as affordable, and a 100% fee reduction for very low
and low income units if at least 25% of the units in
the project are designated as affordable pursuant to
Resolution No. 2022-75 adopted on June 20, 2022.

Ongoing as applications are
submitted Ongoing
H-D-6-e Multi-Family Objective
Design Standards
Amend the Zoning regulations, including but not
limited to R-3 and R-4, to include objective design
standards and objective approval findings for new
and redeveloped multi-family or mixed-use
developments to address building design as well as
provision of open space and recreational amenities,
including amendments to reduce lot size, increase
building coverage, revise setbacks, decrease open
green area and other requirements to ensure the
densities allowed by the General Plan can be
Adopt objective design standards
and amend zoning regulations by
December 2023
Completed in January 2024.

H-D-6-f SB9 Objective Design
Standards
Amend the Zoning and Subdivision regulations to
include objective design standards in compliance
with SB9 to allow additional housing units on single-
family parcels.

Amend zoning regulations by
December 2024 On track to amend zoning regulations by December 2024.

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H-D-6-g Employee Housing Act Implement Zoning regulations amended in January 2023 for consistency with the Employee Housing Act
Ongoing Ongoing
H-E-1-a Existing Unit Purchase
Program-Opportunities for
Supportive Housing
Implement the tenant preferences adopted in
January 2023 for the Existing Unit Purchase
Program (City-owned units) so that when vacancies
occur, housing providers have an opportunity to
propose renting the unit to provide supportive
housing for people with disabilities and if no
acceptable proposals are received, then continue to
maintain the existing units owned by the City as
rentals for large very low- and low-income families.

As vacancies occur No vacancies ocurred in 2023.

H-E-1-b New Units for City-
Owned Affordable Housing
Program
If funds are available, purchase existing older single- family or duplex units or other units to provide
affordable rental housing for larger families
dispersed throughout the community, targeting
units that need rehabilitation and thereby improving
the neighborhood(s) in which they are located.

As funds are available The City did not make any purchases in 2023. The City did submit a funding request in January 2024 for rehabilitation of existing city-owned units.

H-E-1-c First-Time Homebuyer
Program
Continue to monitor the three remaining First Time
Homebuyer loans for compliance with their
requirements, including owner-occupancy. Deposit
any payoffs into the City’s Affordable Housing Fund.

Continue to promote the HEART First-Time
Homebuyer Loan program.

Continue to implement program Completed in 2023. https://www.fostercity.org/commdev/page/home-ownership-program H-E-2-a Inclusionary 20%
Requirement
Implement the City’s 20% inclusionary requirement
as contained in Chapter 17.90. Continue to implement program Ongoing. Staff revised Chapter 17.90 in 2023 with Ordinance 671.

H-E-2-b Affordable Housing
Overlay Inclusionary 15%
Requirement Including
Extremely Low-Income
Implement the City’s Affordable Housing Overlay
15% inclusionary requirement which includes a
requirement for extremely low-income rental units,
as contained in Chapter 17.92.

Continue to implement program Ongoing
H-E-3-a Density Bonus for
Affordable Housing Projects
Consistent with State Density
Bonus Law
The City will offer density bonuses consistent with
the State Density Bonus Law and Chapter 17.86. The
City will update its regulations as necessary to
comply with State law.

Amend City regulations by
December 2023 if necessary to
conform to State law
Chapter 17.86 was amended in 2023 pursuant to Ordinance 670.

H-E-3-b Financing and
Subsidy Programs
Create a dedicated webpage to be updated
quarterly with links to resources for federal, state
and local funding sources that offer subsidies for
affordable housing.

Create webpage by December
2023; update quarterly Completed in 2023. https://www.fostercity.org/commdev/page/funding-resources-housing

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H-E-3-c Cooperative Ventures
Encourage cooperative and joint ventures between
owners, developers, non-profit groups, and/or the
City in the provision of BMR housing through
targeted outreach methods.

Biannual with first outreach
meeting by June 2024 On track to conduct first outreach meeting by June 2024.

H-E-4-a Maintain Existing
Owner-Occupied BMR Units
Monitor the agreements for the ownership BMR
units to ensure the continued affordability of these
units for the terms of their agreements.

Annual Monitoring to be reported
in General Plan Annual Report
Completed in 2023. The City revised the BMR Administrative Procedures and Guidelines in 2023. They are posted on the City’s webpage: https://www.fostercity.org/commdev/page/below-market-rate- housing-requirements
H-E-5-a New Agreements for
Affordability of Existing
Rental Units
If a source of funding can be identified, work with
owners of existing market rate rental units to
include affordability agreements. Monitor
availability of County, State, and Federal funding
opportunities annually.

Meet with at least one market rate
rental owner each year to identify
interest; pursue grant funding
opportunities annually and report
in General Plan Annual Report
On track to meet with at least one market rate rental owner in 2024.

H-E-6-a Home Sharing
Program
Continue to fund the HIP Housing Home Sharing
Program. Work with similar non-profits to expand
the existing outreach for the Homeshare Program
for both rental and ownership housing, including
outreach to extremely low- and very low-income
persons.

Continue to implement program As of December 31, 2023, the City has 14 matches, including 4 matches in FY 2022-23 and 1 new match in FY 2023-24. https://www.fostercity.org/commdev/page/other-housing-programs H-E-7-a Housing Provisions in
Development Agreements
Include provisions to add to the housing supply in
new or extended development agreements
whenever legally possible for commercial
development.

Ongoing as development
agreements are considered No new Development Agreements in 2023.

H-E-8-a BMR Eligiblity
Guidelines
Implement BMR selection guidelines based on the
BMR Eligibility Priorities in Policy H-E-8, including
City Resolution 2000-123 and as amended that give
priority to people who are at risk of displacement
due to expiring covenants, who live and work in the
community, teachers and local government and
public safety employees.

Ongoing
Ongoing. The City also updated Foster City Municipal Code Chapter 17.90 to provide a five-year notice to City Council in order for staff to develop transition and relocation plans for properties with expiring covenants.

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H-E-9-a Family-Friendly
Housing
Promote housing designs and unit mix to attract
multigenerational households by encouraging
developers to include housing features and more
bedrooms (including three-bedroom units), as well
as other on-site amenities, such as usable outdoor
open space for multigenerational use, and
multipurpose rooms that can be used for after-
school homework clubs, computers, arts, or other
resident activities. To address potential
displacement of households with three or more
persons, the City will research options to expand
regulatory incentives to encourage the development
of larger units.

Report to City Council by
December 2024 On track to report to City Council by December 2024.

H-E-9-b Small Housing Units
Amend the Zoning regulations to specifically allow
housing targeted for extremely low-income
households, including single room occupancy
(SROs) and group homes for these income groups in
the CM/PD, C2, and PF zoning districts.

Amend zoning regulations by
December 2024 On track to amend zoning regulations by December 2024.

H-F-1-a Facilities and Services
for Special Needs
Support housing that incorporates facilities and
services to meet the health care, transit or social
service needs of households with special needs,
including seniors, extremely low-income households
and persons, farmworkers, people with
developmental disabilities, and persons with
disabilities through an expedited permit review
process. Proactively contact non-profit service
providers and developers for persons with
disabilities and other special needs groups on annual
basis to inquire about their needs and notify them
about funding opportunities, as they become
available.

Establish expedited permit review
process and begin annual
proactive outreach by December
2023
Completed in January 2024.

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H-F-1-b Assistance to
Victimes of Domestic Abuse
Assist victims of domestic violence by coordinating
with and providing referrals to existing service
agencies providing legal assistance, hotline, and
emergency housing and prevention services to
victims of domestic violence. Continue to coordinate
with existing service providers, determine any other
actions the City can take to assist persons in Foster
City.

Ongoing Police Department provides referrals to resources as part of their response to domestic violence calls.

H-F-1-c Adaptable/Accessible
U
nits for the Disabled
The City will ensure that new multi-family housing
includes units are accessible and adaptable for use
by disabled persons in conformance with the
California Building Code and that developers are
required to implement an affirmative marketing
plan as required by Chapter 17.90 and the City’s
BMR Administrative Guidelines for physically
accessible affordable units that provides disability-
serving organizations adequate prior notice of the
availability of the accessible and adaptable units and
a process for supporting people with qualifying
disabilities to apply.

Implement requirements for
affirmative marketing by
December 2024
Began outreach to organizations and created flyers in 2023.

H-F-1-d Reasonable
A
ccommodation
Utilize the adopted Chapter 17.84, containing a
review process to provide individuals with disabilities reasonable accommodation in rules, policies,
practices, and procedures that may be necessary to
ensure equal access to housing. The purpose of
these procedures and an ordinance is to provide a
process for individuals with disabilities to make
requests for reasonable accommodation in regard to
relief from the various land use, zoning, or building
laws, rules, policies, practices and/or procedures of
the City. Review Chapter 17.84 for conformance
with State Law and amend if necessary by
December 2023. Update the City’s website to make
information on how to submit a request more
accessible by December 2023.

Amend Chapter 17.84 by
December 2023. Update City’s
website by December 2023,
implement as requests are made
Application created and made available to the public in January 2024. On track to amend remaining updates to Chapter 17.84 in first quarter of 2024.

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H-F-1-e Home Sharing for
Special Needs Population
Support the HIP Housing Home Sharing Program as
part of a collection of policies programs and
practices for addressing special housing needs,
including seniors, those living with disabilities, those at risk of homelessness and female householders.

Include in Annual Budget. Ongoing. Staff provided Home Sharing information in response to inquiries about affordable housing.

H-F-1-f Support Services for
Special Needs Population
Continue to work with service providers such as
Foster City Village, Second Harvest Food Bank, and
others to facilitate the provision of support services
to enable people to receive services in their homes,
including persons at risk of homelessness, seniors,
persons with mental or physical disabilities,
substance abuse problems, HIV/AIDS, physical and
developmental disabilities, multiple diagnoses,
veterans and victims of domestic violence.

Host a roundtable meeting with
service providers annually starting
prior to December 2024;
implement the plan developed by
December 2025
On track to host round table meeting with service providers prior to December 2024.

H-F-1-g Extremely Low-
Income Units for Special
Needs
The City will ensure that for the new extremely low-
income units, including those required by Chapter

17.92, developers are required to implement an
affirmative marketing plan for special needs groups
prior notice of the availability of the units and a
process for supporting qualified households to
apply.

Include requirements in the City’s
BMR Administrative Guidelines for
developers to submit an
Affirmatively Furthering Fair
Housing marketing plan for their
affordable units by December
2024
Completed in 2023 with Ordinance 671.

H-F-1-h Age Friendly
Initiative
Continue the work begun in 2020 with the Center
for Age Friendly Excellence (CAFÉ) and the Foster
City Age-Friendly Community (AFC) Task Force to
develop and implement an action plan including
programs to address needs of seniors.

Begin program implementation by
December 2024
Surveys were conducted with each City department as well as partnering organizations on how Foster City is currently meeting the needs of an aging population based on the World Health Organization's eight domains of livability. On June 5, 2023, Council accepted the Age-Friendly City Initiative Three Year Action Plan by Minute Order No. 1922. Agreement for Age Friendly Action Plan Consultant Services was executed. Staff worked with the Consultant to draft an Action Plan based on stakeholder survey input.

City’s AFC plan was approved by the City Council on January 16, 2024.

H-F-1-i Community Care
F
acilities
Amend the City’s zoning regulations to expand the
zoning districts that allow community care facilities
to simplify and clarify definitions, permitted uses,
and processing procedures for residential care
facilities and group homes in all residential districts for conformance with State law, including but not
limited to eliminating spacing requirements for
persons with disabilities, allowing group homes
objectively to facilitate approval certainty similar to other residential uses, and allow group homes in all
residential zones.

Amend Municipal Code by
December 2024 On track to amend Municipal Code by December 2024.

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H-F-1-j Public Investment in
Accessiblity Include accessibility improvements to City streets, parks, and other facilities through implementation
of the ADA Transition Plan.

The ADA Transition Plan is
planned for completion in early
2024, to be implemented
beginning in 2024
In 2023, the City included Accessibility improvements in the Levee Improvement Project, Park Pathway Restoration Project CIP 301-702 in multiple parks, Street Rehabilitation CIP 301-703, and resurfaced park pathways/trails with full asphalt replacement at five parks within the City to address roots and other tripping hazards. Staff also continues to monitor infill levels in the plygrounds to ensure the structures are both safe and accessible.

H-F-2-a Emergency Housing
Assistance
To the extent funds are available, participate and
allocate funds, as appropriate, for County and non-
profit programs providing emergency shelter and
related counseling services.

Annual Basis Funding was provided to several agencies including: CALLPRIMROSE, HIIP Housing, Samaritan House, InnVision/Shelter Network
H-F-2-b Emergency Shelter
Uses
To the extent funds are available, the City will
contribute to non-profit agencies involved in
providing housing for the homeless in San Mateo
County. The City will also review proposals for
emergency shelter uses based on the policies in the
General Plan and other City development standards
and requirements.

Annual Basis Funding was provided to several agencies including: CALLPRIMROSE, HIIP Housing, Samaritan House, InnVision/Shelter Network
H-F-2-c Multi-Jurisdictional
Emergency Shelter
Pursuant to State law requirements, and as the
opportunity arises, the City will consider
participation in a multi-jurisdictional emergency
shelter, should one be proposed in the future.

As opoprtunities arise No update in 2023.

H-F-2-d Emergency Shelter
Zoning
The City will allow emergency shelters as provided in
Chapter 17.82 that allows a year-round emergency
shelter as a permitted use in Neighborhood Business
(C-1), General Business (C-2), and at
churches/synagogues in the Public Facilities (PF)
Zoning District. The City will amend Chapter 17.82
as necessary to comply with State law including AB
2339, including limiting parking requirements to not
require more parking than other residential or
commercial uses within the same zone and
changing the maximum number of beds to twenty-
five (25), upon adoption of the Housing Element.

Amend Chapter 17.82 upon
adoption of the Housing Element
(see Appendix H).

Completed in 2023 with Ordinance 657.

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H-F-2-e Low Barrier
Navigation Centers
In addition to the amendments included in
Ordinance 657 to allow LBNCs in C-1 and PF
Districts, amend the Zoning regulations to allow
low-barrier navigation centers (low-barrier, service-
enriched shelters focused on moving people into
permanent housing that provide temporary living
facilities) by right in the R-T, R-3, R-4, C-2, and
CM/PD zoning district(s), consistent with AB 101
(2019).

Dec-23 Completed in 2023 with Ordinance 657.

H-F-3-a Transitional and
Supportive Housing Zoning
Enforce the existing zoning regulations as amended
in January 2023 by Ordinance 657 that allow
transitional and supportive Housing, as required by
State law, so they are treated as a residential use
that will be subject only to the same restrictions that apply to other residential uses of the same type in
the same zone.

Ongoing The City amended preferences for the Existing Unit Purchase Program so that supportive housing is the highest priority for all future vacancies. Review Resolution No. 2023-3.

H-F-3-b Supportive Housing
Review and revise the Zoning regulations as
amended in January 2023 for consistency with AB
2162, effective January 1, 2019, requiring supportive
housing by-right in certain zoning districts.

Amend regulations by December
2023 Completed in 2023 with Ordinance 657.

H-G-1-a Non-Discrimination
To ensure that the sale, rental, or financing of
housing is not denied to any individual on the basis
of race, sex, national origin, religion, age, marital
status, disability, or other factors, Foster City will
ensure that state and federal laws are adhered to
regarding fair housing. The City, through its
Community Development Department, will refer
discrimination complaints to the appropriate legal
service, county, or state agency. The City will
provide public information and education services in
a variety of locations, including but not limited to
the City’s website, City Hall, public library,
Recreation Center and Senior Center.

Update website by December
2023; At least one (1)
informational session for tenants
and landlords annually beginning
in 2024
The City updated the BMR Guidelines to include the Non-Discrimination provision and a fair housing training requirement for all BMR property managers. The City also created flyers for posting in public facilities and online: https://www.fostercity.org/commdev/page/fair-housing. On track to hold informational session for tenants and landlords in 2024.

H-G-2-a Anti-Discrimination
Regulations
Provide information to tenants and landlords on the
City’s website, City Hall, and the public library
advising them of the State and City regulations that
prohibit landlords from refusing to rent to someone,
or otherwise discriminate against them, because
they have a housing subsidy, such as a Section 8
Housing Choice Voucher, that helps them to afford
their rent.

Implement program by December
2023; Provide updated
information annually
Staff created a Landlord/Property Manager Resources page on the City’s webpage:
https://www.fostercity.org/commdev/page/landlordproperty-manager-resources

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H-G-2-b Fair Housing Training
for Landlords and Tenants Partner with an organization to perform fair housing training for landlords and tenants.

Implement program by the end of
2024 On track to implement program by end of 2024.

H-G-2-c Information Specific
to Fair Housing
Provide information on the City’s housing webpage
and in ways that reach tenants without internet
access to include resources for residents who believe
they have been discriminated against, including how
to file a fair housing complaint.

Implement program by December
2023; update annually
The City created a page dedicated to Fair Housing on the City’s webpage and hardcopy flyers for posting in public facilities, including the Foster City Library and Recreation Center. The City also provided the flyer to all BMR property managers and requested that the managers post the flyers in the leasing offices, making them available to tenants.

H-G-2-d Multi-Lingual Tenant
Resources
Collaborate and cooperate with local and regional
agencies who provide multilingual fair housing
education services.

Implement program by December
2024 Housing Inquiry Form created in multiple languages in 2023.

H-G-2-e Rental Registry
Unless a requirement for a State rental registry is
adopted, explore a rental registry that tracks
information such as rents, utilities, accessibility for disabled persons, tenant occupancy dates, and
landlord contact information in order to improve the
information available to landlords, tenants, and
decision makers.

Report to City Council by
December 2024 Options researched in 2023 for action in 2024.

H-G-3-a Commuter Shuttles Continue to work with Commute.org and local employers to facilitate commuter shuttles. Continue to implement program Ongoing H-G-3-b Expand Bus Service
Require developers to submit a transportation
demand management plan with their application
and work with SamTrans and/or Commute.org to
implement suggestions for new bus stops and
routes.

Amend application submittal
requirements by December 2024 On track to amend application submittal requiremnts by December 2024.

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Jurisdiction Foster City ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2023 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 01/31/2023 - 01/31/2031
YesDoes the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage on their internet website containing authorizing local ordinance and supporting materials.Notes
Table K
Tenent Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational. https://www.fostercity.org/commdev/page/below-market-rate-bmr-housing-programs

TABLE K

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140

Jurisdiction Foster City
Reporting Year 2023 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Develop strategies to expand site
capacity, evaluate existing site
inventory and potential strategies to
meet projected needs. Initial public
outreach. Hire firm to support site
analysis and evaluation, include
feasibility analysis of policy
strategies and analysis of market
potential missing middle housing.
$13,000.00 $12,864.75 Other
Define Update Work Plan: Evaluate
existing element in relation to recent
state laws requirements; develop
key foundational sections of HE;
refine work program and schedule,
including engagement strategy to
implement rezoning
$9,000.00 $7,821.50 Other
Complete HE updated $30,000.00 $19,579.66 Other
City staff time and resource for HE
update $60,000.00 $59,146.00 Other
Housing Element Implementation
Tasks $38,000.00 $22,311.00 Other
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Current Year
Deed Restricted 0
Non-Deed Restricted 1
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 1
2 4
Current Year
Deed Restricted 0
Non-Deed Restricted 3
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
14 17
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Completed
Completed

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Completed
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
150,000.00$
Task Status
Completed
Completed

LEAP REPORTING

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141

DATE: March 4, 2024

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

FROM: Marlene Subhashini, Assistant City Manager
DEPARTMENT: City Manager
SUBJECT: THE CALIFORNIA BUSINESS ROUNDTABLE “TAXPAYER
PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT”

RECOMMENDATION
It is recommended that the City Council receive and accept a report on the California Business Roundtable’s (CBRT) Taxpayer Protection and Government Accountability Act and by Minute Order, direct staff to draft a letter in opposition of the measure and authorize the Mayor to sign the letter and find the action exempt under CEQA pursuant to CEQA Guidelines section 15061(b)(3).

EXECUTIVE SUMMARY
The Taxpayer Protection and Government Accountability Act (“CBRT measure”), is an initiative (Initiative #1935) proposed for the November 2024 State Ballot. Sponsored by CBRT, the measure proposes significant new tax and fee limitations on both state and local governments, reversing numerous court decisions, and retroactively voiding any state or local laws, decisions, or administrative actions in conflict with its provisions enacted after January 1, 2022. If passed, the measure would greatly limit the ability of voters and state and local governments to raise revenues to provide government services and fund critical infrastructure projects. The measure would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws. Based on the current volume of fees and charges imposed by local agencies, including council-adopted increases to simply accommodate inflation, the League of California Cities (Cal Cities) estimates the amount

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142

of local government fee and charge revenue at risk is approximately $2 billion per year, including those adopted since January 1, 2022. Cal Cities, along with a broad coalition of local agencies and other partners, strongly oppose this initiative.

Local government revenue-raising authority is currently substantially restricted by State statute and Constitutional provisions, including the voter approved provisions of Proposition 13 (1978), Proposition 218 (1996), and Proposition 26 (2010). The CBRT measure is the most consequential proposal that would further limit the ability of the state and local governments to enact, modify, or expand taxes, assessments, fees, and property-related charges. If passed by voters in 2024, the CBRT measure would put billions of local government tax and fee revenues at risk statewide with impacts to related core public services. The measure could have significant negative impacts on the City operations and core service delivery.

BACKGROUND/ANALYSIS
In 2018, a proposed constitutional initiative, the “Tax Fairness, Transparency and Accountability Act” was circulated to qualify for the November 2018 Ballot. This initiative was supported by the CBRT and would have significantly impacted local revenue authority. The initiative was withdrawn due to strong opposition from Cal Cities, and other coalition partners. On January 4, 2022, the CBRT filed the "Taxpayer Protection and Government Accountability Act" (Initiative No. 21-0042A1). On February 1, 2023, the Secretary of State certified that initiative #1935 – a measure that would amend the California Constitution to change the rules for how the state and local governments can impose taxes, fees, and other charges is eligible to appear on the ballot at the November 5, 2024, Statewide General Election.

The proposed constitutional initiative is sponsored by CBRT. The CBRT is a non-partisan organization comprised of the senior executive leadership of the major employers throughout the state (and considered to be the lobbying arm of the largest and wealthiest corporations in California).

If passed by the voters, key impacts of the initiative would include the following major provisions, among others:

Fees and Charges
▪Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing evidence.”
▪Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be “reasonable.” These fees and charges are currently allowed to be market-based.

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Whether the amount is “reasonable” (introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by “clear and convincing evidence.” The standard may significantly reduce the amount large companies (e.g., oil, utilities, gas, railroads, garbage/refuse, cable, and other corporations) will pay for the use of local public property. ▪Prohibits fees on new development based on vehicle miles traveled.

Taxes
▪Taxes and fees adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted.
▪Invalidates Upland decision that allows a majority of local voters to pass special taxes. The measure specifies that taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council. ▪Expressly prohibits local advisory measures which allow local voters to express a preference for how local general tax dollars should be spent. ▪Requires voter approval to expand existing taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g., new utility service)
▪New taxes can only be imposed for a specific time period. ▪City charters may not be amended to include a tax or fee. ▪All state taxes require majority voter approval.

Fines and Penalties
▪May require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

In September 2023, Governor Gavin Newsom joined the State Legislature and former President pro Tempore of the California State Senate John Burton to file an emergency petition for writ of mandate with the California Supreme Court, asking the court to conduct preelection review of the Taxpayer Protection and Government Accountability Act (Initiative #1935) and prevent the measure from being placed on the November 2024 Ballot. The California Supreme Court did grant a hearing to rule on the petition filed by Newsom, and Burton to withhold the CBRT measure from the ballot. The petition makes two legal arguments as to why the measure should not appear on the November 2024 Ballot. First, it argues that the measure is an invalid revision of the State Constitution — which cannot be accomplished by initiative — rather than an amendment, which can. This is because the measure strips the Legislature and the Executive branch of important powers — requiring voter approval of all taxes, and requiring legislative action on all fees, even such things as a fee for a replacement driver’s license. The second claim is that the measure would impair essential governmental powers; here, the power to impose taxes, delegate fee-making procedures to the Executive branch, and for that branch to fully administer financial aspects of government programs. The matter will likely be set for argument in March or April and a decision is likely by the June ballot-printing deadline. While it is uncertain whether the Court

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will agree with the claims made by the plaintiffs, it is a positive development that the case will be deliberated.

As part of the broader CBRT discussion, it is important to note that ACA 13 (Ward) is also appearing on the ballot in November. While two standalone propositions, should ACA 13 pass with a simple 50%+1 majority vote, it would make it incredibly difficult for CBRT to take effect. This is because, the CBRT measure (which only requires a simple 50%+1 majority to pass) would require a two-thirds vote threshold to modify. ACA 13 states that in cases such as this, a ballot measure must secure the vote threshold that the proposition is seeking to raise. In other words, if ACA 13 were to pass, CBRT would not take effect unless it garnered a two-thirds vote. Additionally, ACA 13 permits a local governing body, at any election, to hold an advisory vote concerning any issue of governance for the purpose of allowing voters within the jurisdiction to voice their opinions on the issue.

It also provides that an advisory question is approved only if a majority of the votes cast on the question are in favor, and that the results of the advisory vote are not controlling on the local governing body.

ACA 13 is backed by local government associations, including Cal Cities, and labor organizations and is in response to the CBRT ballot measure. If ACA 13 is approved by voters, it would mark the first time that any state ballot measure would require more than a simple majority vote to be approved. Specifically, state ballot measures that: (1) are initiative measures (the term “initiative” refers exclusively to a proposed law that qualifies for the ballot through the collection of voters’ signatures on an initiative petition); (2) propose to amend the State Constitution; and (3) propose to increase the vote required for voters to approve a state or local ballot measure, would be subject to a voter approval threshold that is greater than a simple majority vote.

The City of Foster City relies on the use of fees, taxes, and other charges to provide vital core services to the community, including infrastructure and public safety services. The proposed CBRT measure would create detrimental fiscal implications for the City, potentially impacting core services to the community, which would negatively impact the quality of life of Foster City residents and businesses.

Link to the full text of the ballot initiative: Initiative 21-0042

CALIFORNIA ENVIRONMENTAL QUALITY ACT
This proposed action is not subject to review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.), because it does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and, constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

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FISCAL IMPACT
There is no fiscal impact associated with receiving this report. However, passage of the CBRT measure would put City revenues and future budgets at risk.

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

Attachment 1 - The Taxpayer Protection & Government Accountability Act Economic Development Analysis prepared by CALED
Attachment 2 - ACA 13 Memo prepared by RPPG

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California Association for Local Economic Development Pg. 1, 04.26.22 The Taxpayer Protection and Government Accountability Act1 The Taxpayer Protection and Government Accountability Act (Act),2 is an initiative proposed for the state ballot sponsored by the California Business Roundtable.3 The measure, which is currently “on the street” collecting signatures, proposes significant new tax and fee limitations on both state and local governments, reversing numerous court decisions, and retroactively voiding any state or local laws, decisions, or administrative actions in conflict with its provisions enacted after January 1, 2022. • Text of measure: https://oag.ca.gov/system/files/initiatives/pdfs/21-0042A1 (Taxes).pdf • Legislative Analyst Fiscal Analysis: https://lao.ca.gov/BallotAnalysis/Initiative/2021-042 • Attorney General’s Title and Summary: https://oag.ca.gov/system/files/initiatives/pdfs/Title and Summary (21-0042A1).pdf Effects on State laws and regulatory activities: 1) Requires that every levy, charge, or exaction of any kind “imposed” by “state law” which results in any taxpayer paying a new or higher tax or a new or higher “exempt charge,4”must be subject to new and more rigorous approval requirements. 2) Defines “imposed” as to “adopt, enact, reenact, create, establish, collect, increase, or extend.” 3) Defines “extend” to “include, but is not limited to, any of the following related to a tax or an exempt charge: lengthening its duration, delaying or eliminating its expiration, expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied.” 4) Defines “state law” as including, but not limited to, “any state statute, state regulation, state executive order, state resolution, state ruling, state opinion letter, or other legal authority or interpretation5 adopted, enacted, enforced, issued, or implemented by the legislative or executive branches of state government.6 State Taxes: 1) Increases the limitations on the Legislature to enact a new or higher tax. Existing law requires a two-thirds vote in each legislative house and the Governor’s signature. The Act requires state voters to approve all new or higher state taxes by majority vote. 2) Requires any tax (or any future changes to the use of the tax) to be submitted to the voters (either by the Legislature or by voter initiative) to include, both within the text of the measure and in the title and summary and ballot label, the following information: a. Duration of the tax b. Estimate of annual expected revenue c. Legal, binding and enforceable limitation on how the revenue can be spent d. If the revenue can be spent for general purposes, the phrase “unrestricted general revenue purposes” must be included in a separate stand-alone section 1 Analysis prepared 4/20/2022 for the California Association for Local Economic Development (CALED) by Dan Carrigg, Daniel Carrigg Consulting, [email protected] 2 This proposed initiative is referred to as 21-0042A1 by the Attorney General and Legislative Analyst’s Office. The Secretary of State reports that it surpassed 25% of required signatures as of March 16, 2022. 3 The proponents of this measure filed a similar measure in 2018, which included a provision requiring all local taxes to be subject to a two-thirds vote. While the measure secured sufficient signatures to be placed on the ballot, it was ultimately pulled from the ballot by the sponsors as part of a legislative agreement to adopt legislation which imposed a 12-year ban on local taxes on soda. 4 The term “exempt charge” is likely unfamiliar to many. The bottom line with this measure is that it deems everything a tax, unless it falls into one of the categories of “exempt charges,” as defined in this Act. 5 The full breadth of the implications of these terms is difficult to contemplate. 6 Does not include actions taken by UC, CSU or community colleges.

CALIFORNIA ASSOCIATION FOR LOCAL ECONOMIC DEVELOPMENT The Taxpayer Protection & Government Accountability Act Economic Development Analysis

6.3 Attachment 1 - The Taxpayer Protection & Government Accountability Act Economic Development Analysis prepared by CALED

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California Association for Local Economic Development Pg. 2, 04.26.22 State “Exempt Charges:” 3) Shifts all authority for “imposing” enacting and approving new or higher state “exempt charges” (covers fees, levies, exactions and all other charges not deemed “taxes”) from state agencies to the Legislature. Requires these exempt charges to be approved by majority vote approval of both legislative houses and Governor’s signature. 4) Defines “exempt charges” by making various changes to existing definitions in the Constitution that describe various charges that are not considered taxes, as follows: a. Deletes entirely a definition that provides that a tax does not include “a charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the State of conferring the benefit or granting the privilege to the payor.7” b. Substantively narrows a second definition in the Constitution that describes a permitted charge imposed for “a specific government service or product provided” directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the State of conferring the benefit or granting the privilege to the payor.” By requiring costs not exceed “actual” rather than “reasonable” costs this measure will reduce revenue and increase costs for documentation.8 c. Requires that a charge for the entrance to or use of state property, or the purchase, rental, or lease of state property both be “reasonable” and not exceed “actual” costs.9” d. Deletes reference to “other monetary charge” from the exception in the Constitution for fines and penalties imposed by a Court or the State, as a result of a violation of law. Instead, the Act requires that interest for nonpayment of fines and penalties may be collected, and that fines and penalties levied by the state must be via “a state administrative enforcement agency10 pursuant to adjudicatory due process.11” e. Adds two new categories of “exempt charge” to include i. a levy, charge or exaction collected from local units of government, health care providers or health care service plans related to reimbursement rates or payments under the State Medi-Cal Program. ii. a levy, charge or exaction collected for the promotion of California Tourism, under the California Tourism Marketing Act.12 f. Defines “actual cost” as: i. “(i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and (ii) where the amount charged by the government is not used for any other purpose other than reimbursing that cost.” ii. “(ii) the maximum amount that may be imposed is the actual cost less all other sources of revenue, including but not limited to taxes, other exempt charges, grants, and state or federal funds, received to provide such service or product.”13 7 This deletion represents a major change in the law which previously gave clarity on a Constitutional test to determine the validity of various fees and charges were not “taxes.” It is unclear the full scope of activities the elimination of this general definition could apply to, and will open up new areas for legal disputes. 8 The effect of this change will be to require state agencies to keep a detailed and precise accounting of all costs because any charge cannot exceed the “actual” costs. This is a major change that will spark debates over minute details associated with calculating the cost of a state charge. An identical provision is also applied to local governments. 9 The injection of the term “reasonable” related to charges related to the rental or use of state property could limit amounts that the state can charge companies seeking to drill, mine or otherwise extract resources from state public lands. Opponents allege that this provision would reduce the ability of local governments to collect franchise fees from oil, utility, gas suppliers, cable companies, and other corporations that seek to use public property. 10 It is unclear which “state administrative enforcement agency” is being referred to here. Is this an existing agency, or is there an expectation that a new agency would be created? 11 This “adjudicatory due process” is not defined. Corporations facing fines for violation of law may use disputes over the meaning of this term to delay or attempt to avoid payment. 12 Such targeted exemptions raises the question over what programs or activities are being left out and now considered “taxes.” In addition, under this measure, any new or higher charges from these “exempted” entities would still require legislative approval. 13 Such a detailed definition will not only significantly expand the workload of state agencies to rigorously document and account for every possible penny of costs, it will likely foster a new industry of private accountants and litigators to argue over and contest every item. In some cases, a government service or product could be cancelled to avoid the excessive costs, arguments and litigation associated with attempting to offer it.

6.3 Attachment 1 - The Taxpayer Protection & Government Accountability Act Economic Development Analysis prepared by CALED

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California Association for Local Economic Development Pg. 3, 04.26.22 Increased burden of proof: Increases the legal burden of proof for the state to establish that any levy, charge or exaction is not a tax, from the existing “preponderance of evidence” standard to a higher standard of “clear and convincing evidence.14” Under this Act, the state must prove both that the charge is reasonable and does not exceed the actual cost, which is more restrictive than the current standard (which this Act deletes).15 Retroactive repeal: Declares null and void any tax or exempt charge not adopted in compliance with the Act after January 1, 2022, and prior to the effective date of the Act, unless reenacted (consistent with this Act) within 12 months of the effective date of the Act. Poison Pills: Declares that the provisions of this measure should it receive, more affirmative votes shall supersede over any conflicting measure on the same ballot.16 Also, provides for the appointment of special counsel paid for by the state if the Attorney General declines to defend the Act against legal challenges. Effects on Local Government: 1) Expands the existing definition of “local government” to include an elector pursuant to Article II of the California Constitution, the initiative power.17 2) Prohibits an advisory measure (that would indicate that the revenue from the general tax will, would, or should be used for a specific purpose) from being placed on the ballot in conjunction for approval of a local general tax. 3) Declares that every levy, charge or exaction imposed by “local law” of any kind is either a “tax” or an “exempt charge.” Defines “tax” to mean every levy, charge or exaction imposed by a local law, that is not an “exempt charge.” 4) Requires any local ”exempt charge” to be imposed or increased by local ordinance.18 Prohibits any “exempt charge” from being imposed by local initiative. 5) Prohibits any (city or county) charter amendments which would impose, extend or increase a tax or an exempt charge from being submitted to or approved by the voters. 6) Prohibits property tax surcharges based on the value of property.19 7) Declares retroactively void any local tax or exempt charge adopted after January 1, 2022, and before the effective date of the Act, that is not in compliance with it, unless it is reenacted in compliance with this Act within 12 months. 8) Increases the legal burden of proof for the local government to establish that any levy, charge or exaction is not a tax, from the existing “preponderance of evidence” standard to a higher standard of “clear and convincing evidence.”20 14 Preponderance of the Evidence In most civil cases, the burden of persuasion that applies is called “a preponderance of the evidence.” This standard requires the jury to return a judgment in favor of the plaintiff if the plaintiff is able to show that a particular fact or event was more likely than not to have occurred. Some scholars define the preponderance of the evidence standard as requiring a finding that at least 51 percent of the evidence favors the plaintiff’s outcome. Clear and Convincing Evidence This burden of proof requires the plaintiff to prove that a particular fact is substantially more likely than not to be true. Some courts have described this standard as requiring the plaintiff to prove that there is a high probability that a particular fact is true. This standard sets a higher threshold than the preponderance of the evidence standard, but it does not quite rise to the widely recognized standard used in criminal cases, known as “beyond a reasonable doubt.” 15 Current standard being deleted includes the following phrasing: “amount is no more than necessary to cover the reasonable costs…and bear a fair and reasonable to the payors…burdens on, or benefits received from the governmental activity.” 16 Specifically references the Housing Affordability and Tax Cut Act of 2022 (which proposed a property tax surcharge) as conflicting with this measure. It is not clear if this measure is collecting signatures; it is not listed, among other proposed initiatives, by the Secretary of State as collecting 25% of needed signatures. 17 This change is designed to counter recent Court decisions, beginning with Upland, which held that the two-thirds vote requirement applicable to local special taxes only applied to measures placed on the ballot by the local legislative body, and not by voter initiative. Under this Act, local voter initiatives would be subject to the same approval thresholds (majority approval for general taxes and two-thirds approval for special taxes) as those placed on the ballot by legislative bodies. 18 This would require all manner of local fees to be imposed by the legislative body, rather than a local city/county department or agency. 19 Clarifies in this limitation that it does not affect taxes levied as part of a community facilities district levied as authorized by statute on December 31, 2021. 20 See footnote #14 on impact of similar changes applied to the state.

6.3 Attachment 1 - The Taxpayer Protection & Government Accountability Act Economic Development Analysis prepared by CALED

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California Association for Local Economic Development Pg. 4, 04.26.22 9) Adds a definition of “local law” into the Constitution described as “including, but not limited to, any ordinance, resolution, regulation, ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government.”21 10) Defines, exempt charge as follows: a. Repeals entirely the definition that provides that a tax does not include “a charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the State of conferring the benefit or granting the privilege to the payor.22” b. Makes other similar changes and limitations to local government authority (not repeated here for brevity) that are detailed in comment 4, subdivisions (b) through (d), which apply to state activities. See page #2 and 3 of this analysis. c. Adds new categories of “exempt charge” applicable to local government, to include: i. Prohibits any levy, charge or exaction regulating or related to vehicle miles travelled that may be imposed as a condition of property development or occupancy.23 ii. Defines as “exempt charges,” assessments imposed on a business in a tourism marketing district, a parking and business improvement area, or a property and business improvement district. iii. Defines as an “exempt charge,” a charge imposed for a specific “health care service”24 provided directly to the payor and not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the health care service. 11) Uses the same definitions of “Actual cost,” “Extend,” and “Impose” as this Act applies to state activities. See page #1 of this analysis. 12) Requires the ballot labels associated with approval of a local tax must include the type and amount or rate of the tax, its duration and its use. If it is for general purposes, the phrase “for general government use” is required. This Act also prohibits local advisory measures. 13) Requires all proceeds from the taxation of property by the state or local governments to be apportioned according to law to the districts within the county.25 14) Grandfathers non ad-valorem taxes approved by a two-thirds qualified electors for community facilities districts created consistent with statute in effect on December 31, 2021. Comments: 1) Sponsors and Supporters: The sponsors and supporters of this measure which include the California Business Roundtable, California Business Properties Association, Howard Jarvis Taxpayers Association offer multiple arguments in favor of this measure in the findings and declarations of the Taxpayer Protection and Government Accountability Act including the following: a. Californians are overtaxed, paying the nation’s highest income, sales tax, and gasoline tax. Still state lawmakers continue to introduce new tax proposals totaling more than $234 billion in 2021. b. Californians pay billions more in hidden fees, in the price they pay for products, food, services, fuel, utilities and housing. Since 2010, government revenues from fees have more than doubled. c. These fees and taxes are pushing working families and job-providing businesses out of the state. 21 This Act requires all of these actions that are interpreted to be a “tax” or an “exempt charge” to be subject to approval either by the voters (if a tax) or by the legislative body (if an exempt charge). 22 One of the likely impacts of deleting this “general” definition in the Constitution, and then having only a list of specific exemptions (tourism marketing, health care service, etc.) is that any activity that is not specifically listed an ”exempt charge” will be determined to be a tax. 23 This is a major change of benefit to property developers in rural and suburban settings designed to blunt state and local efforts to reduce greenhouse gas emissions through recognizing the relationship between sprawling development patterns without sufficient access to transit and increased reliance on private vehicles. 24 Defined by cross reference to include clinics, out patients, and health facilities as listed in Chapters 1, 1.3 and 2 of Division 2 of the Health and Safety Code. 25 This is an effort by the proponents to counter prior efforts by the advocates for a split-roll property tax to levy and then distribute a state tax on properties valued over certain amounts.

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California Association for Local Economic Development Pg. 5, 04.26.22 d. California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised, including by approving Propositions 13 (1978), 62 (1986), 218 (1996), and 26 (2010). Contrary to voter’s intent, these measures have been weakened and hamstrung by the Legislature, government lawyers and the courts, making it necessary to pass another measure to close loopholes and reverse hostile court decisions. e. Court decisions proposed to be reversed by this measure include: Cannabis Coalition v. City of Upland, Chamber of Commerce v Air Resources Board, Schmeer v. Los Angeles County, Johnson v County of Mendocino, Citizens Assn. of Sunset Beach v Orange County LAFCO, and Wilde v. City of Dunsmuir. Supporters Materials: https://naiopsv.org/wp-content/uploads/Taxpayer-Information-Packet-2-24-22.pdf 2) Opponents: An opposition coalition has formed which include the League of California Cities, California State Association of Counties, California Special Districts Association, California Professional Firefighters, California Alliance for Jobs, AFSCME, SEIU California, and the CA State Association of Laborers. Key arguments they make against the measure include: a. Gives wealthy corporations a major loophole to avoid paying their fair share, forcing local residents and taxpayers to pay more. b. Allows corporations to dodge enforcement when they violate environmental, health, public safety and other laws, by making it more difficult to issue fines and levies on violators. c. Jeopardizes vital local and state services, and puts billions of dollars used for funding state and local infrastructure and services at risk. Could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services for the homeless, mental health services and more. d. Opens the door to frivolous lawsuits, bureaucracy and red tape that will cost taxpayers and hurt our communities. e. Undermines voter rights, transparency and vital services, by retroactively canceling measures that were approved by local voters, limiting voter input on advisory measures, and make it more difficult for local and state voters to pass measures to improve local services and infrastructure. Opponents Materials: https://www.calcities.org/detail-pages/news/2022/03/30/opposition-mounts-to-wealthy-corporation-backed-ballot-measure-threatening-voter-rights-and-local-services 3) Reversing Multiple Court Decisions: The intent language in this Act state’s that its intent includes reversing the following CA Supreme Court and CA Appellate decisions decided over the last decade – on topics ranging from plastic bags, Cap and Trade emissions, annexations and cannabis taxes approved by local voters: a. Cannabis Coalition v. City of Upland (2017): The CA Supreme Court held that citizen initiatives which proposed a tax could be adopted with a majority vote. b. Chamber of Commerce v Air Resources Board (2017): The CA Supreme Court upheld an appellate decision affirming the ability of the State Air Resources Board to adopt the Cap and Trade emissions reduction program. c. Schmeer v. Los Angeles County (2013): CA 2nd District Court of Appeals upheld a Los Angeles County ordinance banning the sale of plastic bags and authorizing grocers to collect 10-cents per paper bag to offset their costs and encourage use of reusable bags. d. Johnson v County of Mendocino (2018): CA 1st District Court of Appeals upheld a county ordinance imposing a tax on commercial cannabis via majority vote, with an accompanying advisory measure. e. Citizens Assn. of Sunset Beach v Orange County LAFCO (2012): CA Court of Appeals rejected a challenge by property owners in territory annexed into a city who alleged that they shouldn’t have to pay the same taxes as other city residents without a 2/3rds vote.

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California Association for Local Economic Development Pg. 6, 04.26.22 f. Wilde v. City of Dunsmuir (2020): The CA Supreme Court rejected a contention that local water rates and other utility charges could be challenged by referendum.26 4) Disruptive Changes to State and Local Governance: This Act proposes disruptive changes to the powers, authority and process of state and local governments and the people’s power over the initiative. By enacting new legal hurdles, definitions and criteria, these changes will make it more difficult for the state and local agencies to raise revenues, and slow administrative enforcement and regulatory activities. 5) Economic Development Considerations: Economic Development is the creation of wealth from which community benefits are realized. It is more than a jobs program, it’s an investment in growing your economy and enhancing the prosperity and quality of life for all residents. As such, economic development implementation is rooted in maintaining a thriving local economy which also benefits the prosperity and quality of life of residents. Given the multiple provisions in this measure, the sponsors are obviously frustrated by actions of the Legislature, state and local tax levels, regulatory activities, a series of Court decisions, and recent voter actions they disagree with. At the same time, local leaders are elected and accountable to voters, and need to retain the flexibility to govern, which includes raising revenues for services and adopting and enforcing regulations. CALED members should consider whether this measure effectively furthers their community’s economic development goals. ### Some Recent Press Coverage: January 23, Daily Breeze, OP-ED Jon Coupal, Howard Jarvis Taxpayers Association: https://www.dailybreeze.com/2022/01/23/the-fight-to-limit-taxation-continues/ February 22, Sacramento Bee https://www.sacbee.com/article258549943.html March 2, LA Times Editorial: https://www.latimes.com/business/story/2022-03-02/california-taxpayer-protection-and-government-accountability-act March 16, Sacramento Business Journal: https://www.bizjournals.com/sacramento/news/2022/03/16/california-roundtable-ballot-measure-taxes.html CONTACT: The California Association for Local Economic Development (CALED) is the voice of economic development practitioners and stakeholders. With more than 800 members, CALED is one of the largest economic development organizations in the country. We believe that through partnership and collaboration with local economic developers, the state of California can leverage the energy of California’s economic development network to create positive impacts that benefit our businesses and residents. http://caled.org or (916) 448-8252 26 It does not appear that this Act alters this Court decision. There is no mention of the power of referendum in the measure.

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1 September 5, 2023

To: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
City of Foster City

From: Dane Hutchings
Managing Director
Renne Public Policy Group

RE: Assembly Constitutional Amendment 13 (Ward, 2023): Voting thresholds [As amended on August 17, 2023]

ACA 13 is a proposed constitutional amendment that began moving in the Legislature in mid-August.

This measure is backed by local government associations, including the League of California Cities, and labor organizations and is in response to the California Business Roundtable (CBRT) ballot measure that would be placed on the November, 2024 ballot to require new and stricter rules for raising taxes, fees, assessments, and property-related fees.

Assembly Constitutional Amendment (ACA) 13
If passed by the voters, it would require that an initiative measure that increases the voter approval requirement to adopt any state or local measure must receive a proportion of votes in favor of the initiative that is equal to or greater than the highest voter approval requirement imposed by the initiative for the adoption of a state or local measure. For example, if the measure includes a two -thirds vote threshold for future changes, then that enacting ballot measure would need to receive two-thirds of the vote to be approved. Add itionally, ACA 13 permits a local governing body, at any election, to hold an advisory vote concerning any issue of governance for the purpose of allowing voters within the jurisdiction to voice their opinions on the issue. It also provides that an advisory question is approved only if a majority of the votes cast on the question are in favor, and that the results of the advisory vote are not controlling on the local governing body.

Of note, t he provisions of this measure related to the vote requirement f or initiative constitutional amendments apply only to initiatives that seek to make it more difficult for voters to take a specified action by approving a ballot measure. It does not affect the vote requirement for initiative constitutional amendments that seek only to make it harder for a governmental body to approve a specified action by increasing the vote by which that body must approve an action.

The amendment is coauthored by Speaker Robert Rivas and lawmakers are aiming to put t he measure before voters on the March 5, 2024 ballot. Due to being a constitutional amendment and requiring two - thirds of both houses of the Legislature to pass, it is not subject to normal deadlines. I f passed by the Legislature, constitutional amendments do not go to the Governor and instead are referred to the Secretary of State for placement on the ballot. ACA 13 was amended on September 1 and is currently in the Assembly awaiting a Floor vote.

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2 Background + CBRT Ballot Initiative Impacting Local Government Under existing law, any state ballot measure can be approved by a simple majority vote of the electorate, regardless of the changes to state law made by the measure. By contrast, some local ballot measures are subject to higher vote requirements. For instance, a local measure that is placed on the ballot by a local governing body and that proposes a special tax (a tax for which the proceeds will be used for a specifi c purpose) requires a two-thirds vote of the electorate.

If ACA 13 is approved by voters, it would mark the first time that any state ballot measure would require more than a simple majority vote to be approved. Specifically, state ballot measures that (1) are initiative measures (the term “initiative” refers exclusively to a proposed law that qualifies for the ballot through the collection of voters’ signatures on an initiative petition), (2) propose to amend the state constitution, and (3) propose to increase the vote required for voters to approve a state or local ballot measure, would be subject to a voter approval threshold that is greater than a simple majority vote.

On February 1, 2023, the Secretary of State certified that initiative #1935 (the CB RT ballot measure)—a measure that would amend the California Constitution to change the rules for how the state and local governments can impose taxes, fees, and other charges —is eligible to appear on the ballot at the November 5, 2024, statewide general election.

Among other provisions, initiative #1935 requires that any local special tax submitted by citizen initiative be approved by a two -thirds vote of the electorate to take effect, rather than the current majority vote threshold. Recent case law suggests that local special taxes that are proposed by a local initiative measure can be approved by a majority vote of the electorate. By contrast, local special taxes that are placed on the ballot by a local governmental body must be approved by a two -thirds vote of the electorate (this would remain the same under the CBRT proposal).

Additionally, initiative #1935 prohibits an advisory measure from appearing on the same ballot as a local measure that proposes a general tax if the advisory measure would indic ate that the revenue from the general tax will, could, or should be used for a specific purpose.

If ACA 13 were applied to the voter’s consideration of initiative #1935, it appears that initiative #1935 would need to be approved by two -thirds of the vote rs in order to take effect. However, while ACA 13 likely would affect the vote requirement for initiative #1935, its effects are not limited to that initiative.

Rather, the provisions of this measure would apply to any initiative constitutional amendment t hat appears on the ballot in the future and that proposes to increase the vote requirement for a state or local ballot measure.

Below we have provided a list of those registered in support and opposition of the measure as of August 17, 2023, which is the most recent public list available at this time.

Support
Alliance San Diego
American Federation of State, County and Municipal Employees, AFL-CIO Asian Pacific Environmental Network
California Calls
California Environmental Justice Alliance Action, a Project of Tides Advocacy California Federation of Teachers, AFL-CIO

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3 California Green New Deal Coalition
California Labor Federation, AFL-CIO
California Professional Firefighters
California School Employees Association
California Special Districts Association
California State Association of Counties
California State Council of Service Employees International Union California Teachers Association
Catalyst California
Central Coast Alliance United for A Sustainable Economy City of San Diego
Communities for A New California
Community Coalition
Congregations Organized for Prophetic Engagement
Corporation for Supportive Housing
Courage California
Dolores Huerta Foundation
Innercity Struggle
League of California Cities
Million Voters Project
Oakland Rising
San Francisco Rising
Strategic Concepts in Organizing and Policy Education
Working Partnerships USA

Opposition
California Business Roundtable
Howard Jarvis Taxpayers Association

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6.3 Attachment 2 - ACA 13 Memo prepared by RPPG

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4 8
0 DATE: March 4, 2024

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

FROM: Benjamin L. Stock, City Attorney
DEPARTMENT: Communications/City Clerk
SUBJECT: CONSIDERATION OF ORDINANCE ADDING A NEW CHAPTER

2.60 TO THE FOSTER CITY MUNICIPAL CODE TO ESTABLISH

LOCAL CAMPAIGN CONTRIBUTION LIMITS

RECOMMENDATION
It is recommended that the City Council introduce by title only and waive further reading of an Ordinance Adding a New Chapter 2.60, “Campaign Contribution Limits for Elective City Offices” to Title 2, “Administration and Personnel” to the Foster City Municipal Code to Establish Campaign Contribution Limits.

EXECUTIVE SUMMARY
The Political Reform Act governs campaign contributions and expenditures and imposes limits on financial contributions. This law provides transparency to the public on who is contributing to candidate campaigns, how much is being contributed, and how funds are being used.

State law imposes limits on contributors for local and state candidates and defaults the limits for cities that do not have their own established limits. Assembly Bill 571 allows cities to adopt an ordinance that establishes their own contribution limits if they do not wish to default to the state limits.

Foster City currently does not have an ordinance regarding campaign contribution limits and defaults to the state limits.

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4 8
0 On November 20, 2023 the Council discussed the various contribution limits and gave direction to staff to prepare an ordinance that established a campaign contribution limit but the Council did not wish to proceed with establishing a voluntary campaign expenditure limit. Staff has prepared the attached draft ordinance for Council’s consideration.

BACKGROUND/ANALYSIS
Campaign financing is regulated by the Political Reform Act of 1974 (the Act) which is overseen by the California Fair Political Practices Commission (FPPC). An aspect of the Act imposes campaign finance limits on candidates, limits contribution amounts from individuals and organizations, and requires candidates to file campaign statements that disclose all contributions received and expenditures made.

In 2021, through AB 571 - Mandatory Campaign Contribution Limits, state contribution limits automatically applied to cities that do not have a local campaign contribution ordinance and are updated biennially for inflation. This bill also allows cities to impose their own contribution limits if they do not wish to default to the state limits. If cities impose their own limits, the FPPC will not regulate campaign limits or enforce penalties.

When defaulting to the state limits, the FPPC regulates the administration and enforcement of penalties by a complaint basis. According to the FPPC website, the 2023-2024 state limits for local candidates, per election, is $5,500 for individual and organization contributors.

At the July 17, 2023 Regular Council meeting, Mayor Jon Froomin requested to agendize a discussion regarding campaign finance limits. Staff researched which local cities in San Mateo County have enacted campaign contribution limits and which default to the state limits.

As indicated above, at the November 20, 2023 the Council discussed this issue and by a vote of 4-0 (with Councilmember Hindi absent) directed staff as follows:

1. Create a draft ordinance that includes a detailed enforcement policy to be presented at a future Council meeting;

2. Establish the same contribution limit for individuals and organizations/businesses (with exact numbers to be agreed upon once the draft ordinance is presented);

3. Research varying contribution limits for Foster City residents and non-residents and City based businesses and non-City based businesses; and

4. Proceed without establishing voluntary expenditure limits.

It should also be noted that there is no reporting mechanism for individual contributions for candidates who do not have a campaign committee and file reports through the Form 460. Candidates who plan to raise or spend less than $2,000 do not have a campaign committee, and would file a Form 470. Foster City would need to determine a

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0 process regarding campaign contributions without a campaign committee. The City of Burlingame only reviews/enforces contribution limits for campaign committees, and the City of San Mateo noted they followed an “honor system” for candidates who did not maintain campaign committees.

Legal Constraints
The right to participate in democracy through political contributions is protected by the First Amendment and because contribution limitations necessarily infringe on the contributor's ability to engage in free communication and association, they impinge on First Amendment freedoms1. However, the U.S. Supreme Court has determined that a state’s interest in eliminating actual corruption and the appearance of impropriety associated with large contributions may justify the burdens placed on First Amendment rights if the state demonstrates a sufficiently important interest and employs means "closely drawn" to avoid unnecessary abridgement of associational freedoms.2 Courts have recognized that preventing corruption or the appearance of corruption, and circumvention of otherwise valid campaign finance regulations as important governmental interests that would support a restriction on campaign contributions.3 The U.S. Supreme Court has narrowed the scope of what justifies restriction of campaign contributions to "'quid pro quo' corruption or its appearance." (i.e., dollars for political favors)4 Campaign regulations that impose restrictions distinguishing among different speakers, including out-of-state contributors, have been found to not met the “quid pro quo” standard. For example, a recent Ninth Circuit decision found that the State of Alaska’s regulation of nonresident campaign contributions did not target quid pro quo corruption or its appearance or its appearance and that even if it did, the limit was not sufficiently tailored to serve that interest.5
Given the foregoing legal constraints, the draft Ordinance does not distinguish between resident/nonresident campaign contributions nor does it distinguish between City based businesses and non-City based businesses.

Draft Ordinance
Based on Council’s direction, staff has prepared the attached draft Ordinance that would add a new Chapter 2.60, “Campaign Contribution Limits for Elective City Offices” within Title 2 of the City’s Municipal Code.

Findings and Definitions
1 Citizens United v Federal Election Comm'n (2010) 558 US 310, 130 S Ct 876; Buckley v Valeo (1976) 424 US 1, 19, 96 S Ct 612, superseded by statute as stated in McConnell v Federal Election Comm'n (2003) 540 US 93, 124 S Ct 619, which was overruled by Citizens United, 558 US 310. 2 Buckley, 424 US at p. 25.
3 Buckley, 424 US at pp. 26-29.
4 McCutcheon v Federal Election Comm'n (2014) 572 US 185, 192, 134 S Ct 1434, 1442. 5 Thompson v. Hebdon (2021) 7 F.4th 811, 824.

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0 The draft Ordinance would include findings that provide the bases for the Ordinance, including among other reasons, the preservation of the political process and preventing corruption or the appearance of corruption in the electoral process is a matter of the highest public interest and is necessary to promote public confidence. The draft Ordinance also includes a number of definitions, including the definition of individual and organization, as follows:
“Individual.” A natural person and shall not include a partnership, corporation, association, firm, business entity, committee, club, or other organization. “Organization.” A partnership, corporation, association, firm, business entity, committee, club, union, or company.

Campaign Contribution Limits
Currently, the City defaults to the State of California’s campaign contribution limit. The 2023-2024 Contribution Limits are $5,500 for a Person (individual, business entity, committee/PAC), $5,500 for a Small Contributor Committee and $5,500 for a Political Party.

The draft Ordinance would provide different campaign contribution limits than the State.

As directed by the Council the draft Ordinance would set the same contribution limit for both individuals and organizations. The Council will need to discuss and set the limit that is appropriate for the City of Foster City before introduction of the draft Ordinance.

The campaign contribution limit would not apply to a candidate’s contribution to his own campaign and would not limit any loans from a candidate to their own candidate committee.

As discussed at the November 20th meeting, 6 cities in San Mateo County have established their own contribution limits, varying by individual and organizational contribution, outlined below.

City Individual Contribution
Limit
Organization Contribution
Limit
San Mateo $500 $1,000
Belmont $500 $500
Redwood City $1,000 $1,000
Burlingame $350 $350
East Palo Alto6 $500 $500
Half Moon Bay $250 $500

Enforcement
6 The City of East Palo Alto elects its Council at large.

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0 If the City of Foster City establishes its own contribution limits, the FPPC will not enforce the requirements. The City will be responsible for the enforcement of limits and any applicable penalties. However, as discussed above, since there is no reporting requirement for individual contributions for candidates who do not have a campaign committee and file reports through the Form 460 there would be no existing way to determine contributions.

The draft Ordinance provides that the City Clerk or their designee will be the “Enforcement Authority,” in consultation with the City Attorney. If the Enforcement Authority identifies a contribution that exceeds the allowable maximum contribution amount, the Enforcement Authority will send notice to the candidate or candidate committee to given them a reasonable opportunity to correct the statements (if an error exists) or otherwise correcting the violation by returning any donation amount that exceeds the allowable maximum donation amount. Any notice may be appealed to the City Council pursuant to section 1.04.110 of the Municipal Code.

The proposed Ordinance provides that violations of Chapter 2.60 are designated as misdemeanors and subject to a fine of $500 for each violation. The draft Ordinance also identifies other penalty options, including issuance of administrative citations or initiation of a suit in a court of competent jurisdiction to seek an injunction or other appropriate relief. Finally, the proposed Ordinance provides that a resident of the City who believes that a violation has occurred may institute an action at law or equity for injunctive relief and to compel compliance with the provisions of Chapter 2.60.

It is important to note that the Enforcement Authority would not be conducting any proactive investigation nor would the Enforcement Authority be investigating any third party complaints that may be made to the Enforcement Authority regarding inaccuracy of the statements.

If passed to a second reading and adopted, the draft Ordinance would go into effect thirty days after adoption.

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

FISCAL IMPACT
If adopted, the new provisions in Chapter 2.60 would require significant staff time from both the City Clerk’s Office and City Attorney at a time when traditionally the Clerk’s Office is focused on other critical election issues. It would be difficult to estimate the

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0 amount of staff time needed to conduct campaign contribution limit enforcement, as much of it depends on the number of campaign committees, number of complaints that are filed, and time it takes to resolve a complaint. The City Clerk estimates that there would likely be an additional 10 hours of staff time that will need to be devoted to reviewing candidate statements and sending notices for potential violations per filing period. This includes the review of forms, candidate notification of enforcement, follow up on complaints, and the additional review of amended forms. The City Clerk would also likely need to consult with the City Attorney’s Office much more frequently to ensure that enforcement is appropriate, which will result in additional costs to the City.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement

ATTACHMENTS
Attachment 1 – Ordinance

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ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY, CALIFORNIA, ADDING A NEW CHAPTER 2.60, “CAMPAIGN CONTRIBUTION LIMITS FOR ELECTIVE CITY OFFICES” TO TITLE 2, “ADMINISTRATION AND PERSONNEL”

OF THE FOSTER CITY MUNICIPAL CODE TO ESTABLISH CAMPAIGN

CONTRIBUTION LIMITS FOR CITY ELECTIVE OFFICES

CITY OF FOSTER CITY
WHEREAS, Assembly Bill (“AB”) 571 was approved by the Governor on October 8, 2019; and
WHEREAS, absent a local resolution or ordinance, AB 571 amends the Political Reform Act so as to impose identical campaign contribution limits for candidates to county or city offices as those limits imposed on certain elective state office candidates effective January 1, 2021; and
WHEREAS, like the vast majority of cities and counties throughout the state, the City of Foster City (“City”) did not have campaign contribution limits prior to the passage of Assembly Bill No. 571 or this ordinance; and
WHEREAS, the City Council finds it necessary to adopt campaign limits for City elective offices so as to provide greater transparency for City elective offices and to allow everyone the right to participate and support the candidates of their choice without any one person or entity having undue influence in a city election; and WHEREAS, the City is adopting its own campaign contribution limit in accordance with Elections Code section 10202 and Government Code section 85702.5 and as such the contribution limits in AB 571 would no longer apply within the jurisdiction of the City to candidates for elective city office for the City of Foster City; and WHEREAS, it is the intent of the City Council that this ordinance limiting campaign contributions complies with the free speech clauses of the United States and California Constitutions and the decisional law by the federal and state courts.

NOW, THEREFORE, the City Council of the City of Foster City ordains as follows:

SECTION 1. FINDINGS.

The City Council hereby incorporates the foregoing Recitals into these findings and finds as follows:

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A. Preserving integrity in the political process and preventing corruption or the appearance of corruption in the electoral process is a matter of the highest public interest and is necessary to promote public confidence in its local government.

B. The City Council further finds that regulation of campaign contributions to City elective offices is required because the costs of running political campaigns have reached levels that lead to potential corruption or the appearance of corruption.

C. It is the policy of the City to promote and encourage broad-based citizen involvement in the financing of election campaigns.

D. The purpose of this chapter is to establish the City’s own campaign contribution limits and enforcement policy to minimize the potentially corrupting influence and appearances of corruption caused by excessive contributions in campaigns by providing mandatory contribution limits for City Council candidates and enforcement mechanisms.

SECTION 2. AMENDMENT - Chapter 2.60, “Campaign Contribution Limits for Elective City Offices” is hereby added to Title 2, “Administration and Personnel” as set forth in Exhibit A, attached hereto and hereinafter incorporated herein, to the Foster City Municipal Code.

SECTION 3. CEQA
This Ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment as it is an administrative change in the limitations on campaign funding contributions.

SECTION 4. SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days from its passage by the City Council.

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SECTION 6. PUBLICATION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code section 36933(c).

This Ordinance was introduced and read on the 4th day of March, 2024, and passed and adopted on the ___ day of _________ 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
________________________________

PRISCILLA SCHAUS, CITY CLERK

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Exhibit “A”
“CHAPTER 2.60 - CAMPAIGN CONTRIBUTION LIMITS FOR ELECTIVE CITY

OFFICES
Sec. 2.60.010 - Authority.

This chapter is adopted pursuant to the provisions of Government Code sections 85301, 85305, 85306, 85307, 85315, 85316, 85317, 85318, and 85702.5, as may be amended.

Sec. 2.60.030 - Definitions.

As used in this chapter, the following terms shall have the following meanings:
"Candidate." As defined in Government Code section 82007 of the Political Reform Act, as amended, provided that that the term shall be limited to candidates for city elective office for the purpose of this chapter.
"Committee." As defined in Government Code section 82013 of the Political Reform Act, as amended. A committee includes but is not limited to "controlled committee" and "independent committee."
"Contribution." As defined in Government Code section 82015 of the Political Reform Act, as amended.
"Controlled committee." As defined in Government Code section 82016 of the Political Reform Act, as amended.
"City elective office." The office of city council of Foster City. "Election." Unless otherwise specified in this chapter, any primary, general, special or recall election held in this state. The primary, general, special or recall elections are all separate elections for the purpose of this chapter.
“Enforcement Authority.” The City Clerk or their designee, in consultation with the City Attorney.
“Individual.” A natural person and shall not include a partnership, corporation, association, firm, business entity, committee, club, or other organization. "Independent committee." All committees other than controlled committees. “Organization.” A partnership, corporation, association, firm, business entity, committee, club, union, or company.

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"Political Reform Act." The California Political Reform Act of 1974 (Government Code sections 81000 et seq., as amended).
“Statements” shall mean any statements, reports, forms or other documents required by Government Code Chapter 4 – Political Reform Act (section 81000 et seq.), as may be amended from time to time.

Sec. 2.60.030 – Candidate Campaigns Only.

The provisions of this Chapter apply to election campaigns for candidates only. The provisions of this Chapter do not apply to any referendum or initiative election.

2.60.040 - Campaign contribution limits.

A. Contribution Limit Established: For any particular election, no individual or organization shall make, and no candidate or candidate committee or any person acting on behalf of a candidate or candidate committee shall solicit or accept from any individual or organization, any contribution that will cause the total amount contributed by such individual or organization to exceed [ADD AMOUNT].

B. Return of Contributions: Any contribution or portion thereof that exceeds the limits in this section shall be returned to the contributor within seventy-two (72) hours of receipt.

C. The limitations of this section do not apply to a candidate's contributions of the candidate's personal funds to the candidate's own campaign.

D. The limitations of this section shall not be deemed to prohibit contributions or loans from a candidate to their own candidate committee in accordance with State law, or to limit the amount a candidate may contribute or loan to their own candidate committee.

E. Beginning in January 2025, the campaign contribution limits in this section shall be automatically increased by three percent on January 1 of every odd-numbered year. The City Clerk shall maintain a record of any increased contribution limits pursuant to this subsection and shall make such record available to the public and all candidates for city elective office.

2.60.050 - Contribution limits to other candidates.

A candidate or a controlled committee of that candidate shall not make a campaign contribution to any other candidate in excess of the limits set forth in section

2.60.040 of this chapter.

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2.60.060 - Contributions after election.

A contribution for an election may be accepted by a candidate after the date of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does not otherwise exceed the applicable contribution limits as set forth in section 2.60.040 of this chapter.

2.60.070 - Enforcement.

A. If the Enforcement Authority identifies a contribution that exceeds the allowable maximum amount established by section 2.60.040, the Enforcement Authority shall send notice to the candidate notifying them of the identified violation of section

2.60.040 and providing a reasonable opportunity to correct the statements (if an error exists) or otherwise correcting the violation by returning any amount of the donation that exceeds the maximum amount. For purposes of this subsection a “reasonable opportunity” shall be at least a minimum of five (5) calendar days.

B. The notice shall advise the candidate of their right to contest the notice from the Enforcement Authority by filing an appeal to the City Council pursuant to section

1.04.110 of this code within thirty days of the date of the notice.

C. The notice shall identify any penalties that may be imposed by the Enforcement Authority pursuant to section 2.60.080.

2.60.080 - Violations and penalties.

A. Any person who violates any provision of this chapter is guilty of a misdemeanor. Prosecution for violations of this chapter must be commenced within four (4) years of the date on which the violation occurred.

B. Violations of this chapter are subject to those penalties identified in Chapter

1.08 of this code, including but not limited to, administrative citations in accordance with section 1.08.060 of this code.

C. A fine of not more than five hundred dollars ($500.00) for each violation of this Chapter may be imposed.

D. The City Attorney may bring suit in a court of competent jurisdiction to seek an injunction or other appropriate relief, whether temporary or permanent, to halt any violation of this chapter.

E. Any resident of the City who believes that a violation of this chapter has occurred may institute such action at law or equity for injunctive relief and to compel compliance with the provisions of this chapter.

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F. The penalties in this section are cumulative and in no way shall limit the City’s discretion to utilize any other remedy, civil or criminal, to address a violation of this chapter

2.60.090 - Electronic campaign finance disclosure.

Nothing in this chapter alters the requirements for electronic filing of campaign statements and the required online reporting of contributions and independent expenditures, which shall continue to be complied with by all candidates for city elective office as set forth in section 2.56.030 of this code.” ***

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Prepared Date 2/14/2024 City of Foster City, CA
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Foster City City CouncilMarch 4, 2024

Foster City City Council
March 4, 2024