Agenda packet — Foster City City Council, May 6, 2024 (part 1 of 2)

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

To Attend the Meeting in Person:

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

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

To Observe the Meeting via Teleconference/Video Conference:

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

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

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

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

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

AGENDA
Monday, May 06, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing May 2024 as “Asian American and Pacific Islander Heritage Month”

4.2. A Proclamation Recognizing May 2024 as “Jewish American Heritage Month”

4.3. A Proclamation Recognizing May 2024 as “Mental Health Month”

4.4. A Proclamation Declaring the Week of May 1218, 2024 as “National Police Week” and May 15, 2024 as “Peace Officers’ Memorial Day”

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

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

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

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

6.1. City/EMID Special Meeting Minutes of March 25, 2024

6.2. City/EMID Regular Meeting Minutes of April 15, 2024

6.3. An Ordinance of the City of Foster City Amending Title 15 Building and Construction and Title 17 Zoning of the Foster City Municipal Code, by Repealing Chapter 15.12 Sign Control and Replacing It With a New Chapter

17.59 Sign Control and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) RZ20240004 (First Reading on April 15, 2024) a) Adopt Ordinance

6.4. An Ordinance of the City of Foster City Amending Various Sections of Chapters 12.08, 12.12, 12.16 and 12.36 Within Title 12, “Public Property” Making Revisions to Authorize Administrative Citations To Be Issued for Violations and Other Administrative Changes to Reservation Process and Use of Parks and Adding a New Chapter 12.44, “Sidewalk Vending Program” to Establish Locations and Regulations Applicable to Sidewalk Vendors (First Reading on April 15, 2024)
a) Adopt Ordinance

6.5. A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Proposals for a Citywide Phone System Replacement
a) Staff Report
b) Adopt Resolution

6.6. A Resolution of the City Council of the City of Foster City Authorizing Contract Change Order No. One to the Agreement with Spencon Construction Inc. In the Not to Exceed Amount of $400,000, and Extending the Contract Duration for an Additional TwoYear Term, from July 1, 2024 to June 30, 2026 for Sidewalk Repair and Replacement and Finding That the Project was Categorically Exempt on May 16, 2022 Pursuant to the California Environmental Quality Act (CEQA)
a) Staff Report
b) Adopt Resolution

6.7. A Resolution of the City Council of the City of Foster City Accepting the Work by Shimmick Construction Company, Inc. for the Levee Protection Planning and Improvements Project (CIP 327657) and Directing the City Clerk to File the Notice of Completion; and CEQA Status: Environmental Impact Report Was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 20106012012)
a) Staff Report
b) Adopt Resolution

6.8. A Resolution of the City Council of the City of Foster City Terminating the Proclamation of Local Emergency Related to Major Damage to the City’s Main Water Pipeline
a) Staff Report
b) Adopt Resolution

7. REPORTS

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

8. RESOLUTIONS FOR ADOPTION

8.1. Consideration of Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures
a) Staff Report
b) Action A Resolution of the City Council of the City of Foster City Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures c) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures

8.2. A Resolution of the City Council of the City of Foster City to Approve a License Agreement With the Island United Church (IUC) for Use of Specific Property at 1130 Balclutha Drive for a Pilot Community Garden Pilot Program, Approve an Appropriation From the Community Benefits Fund in the Amount of $22,900 to Develop the Location, and Approve a Memorandum of Understanding (MOU) with the Foster City Community Garden Association (FCCGA), IUC and the City of Foster City Relating to the Creation and Operation of the Community Garden; and Finding Actions Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA)
a) Staff Report
b) Action Adopt Resolution

8.3. A Resolution of the City Council of the City of Foster City Authorizing the Award of an Agreement for Professional Services with WRT Design, LLC for the Development of a Parks Master Plan (CIP 301682) in an Amount Notto Exceed $419,949, Approve a Project Contingency of $41,995, Authorize a Transfer of $95,303 from General Fund (Fund 001) to City Capital Projects Fund (Fund 301), and Authorize a Budget Appropriation for $95,303 to 301 09106824251
a) Staff Report
b) Action Adopt Resolution

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on April 5, 2024, and April 11, 2024, and ACH were processed on April 5, 2024 a) Information Item Only
b) No Action Required

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

11. CLOSED SESSION

11.1. Conference With Legal Counsel– Anticipated Litigation Initiation of Litigation pursuant to Government Code § 54956.9(d)(4):
(Two potential cases)

11.2. 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)

11.3. Report Out from Closed Session

12. ADJOURNMENT
The public is invited to attend.

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

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

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

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

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, May 06, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing May 2024 as “Asian American and Pacific Islander Heritage Month”

4.2. A Proclamation Recognizing May 2024 as “Jewish American Heritage Month”

4.3. A Proclamation Recognizing May 2024 as “Mental Health Month”

4.4. A Proclamation Declaring the Week of May 1218, 2024 as “National Police Week” and May 15, 2024 as “Peace Officers’ Memorial Day”

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

6.1. City/EMID Special Meeting Minutes of March 25, 2024

6.2. City/EMID Regular Meeting Minutes of April 15, 2024

6.5. A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Proposals for a Citywide Phone System Replacement
a) Staff Report
b) Adopt Resolution

7. REPORTS

8. RESOLUTIONS FOR ADOPTION

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on April 5, 2024, and April 11, 2024, and ACH were processed on April 5, 2024 a) Information Item Only
b) No Action Required

11. CLOSED SESSION

11.1. Conference With Legal Counsel– Anticipated Litigation Initiation of Litigation pursuant to Government Code § 54956.9(d)(4):
(Two potential cases)

11.3. Report Out from Closed Session

12. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, May 06, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing May 2024 as “Asian American and Pacific Islander Heritage Month”

4.2. A Proclamation Recognizing May 2024 as “Jewish American Heritage Month”

4.3. A Proclamation Recognizing May 2024 as “Mental Health Month”

4.4. A Proclamation Declaring the Week of May 1218, 2024 as “National Police Week” and May 15, 2024 as “Peace Officers’ Memorial Day”

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

6.1. City/EMID Special Meeting Minutes of March 25, 2024

6.2. City/EMID Regular Meeting Minutes of April 15, 2024

6.5. A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Proposals for a Citywide Phone System Replacement
a) Staff Report
b) Adopt Resolution

7. REPORTS

8. RESOLUTIONS FOR ADOPTION

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on April 5, 2024, and April 11, 2024, and ACH were processed on April 5, 2024 a) Information Item Only
b) No Action Required

11. CLOSED SESSION

11.1. Conference With Legal Counsel– Anticipated Litigation Initiation of Litigation pursuant to Government Code § 54956.9(d)(4):
(Two potential cases)

11.3. Report Out from Closed Session

12. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, May 06, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing May 2024 as “Asian American and Pacific Islander Heritage Month”

4.2. A Proclamation Recognizing May 2024 as “Jewish American Heritage Month”

4.3. A Proclamation Recognizing May 2024 as “Mental Health Month”

4.4. A Proclamation Declaring the Week of May 1218, 2024 as “National Police Week” and May 15, 2024 as “Peace Officers’ Memorial Day”

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

6.1. City/EMID Special Meeting Minutes of March 25, 2024

6.2. City/EMID Regular Meeting Minutes of April 15, 2024

6.5. A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Proposals for a Citywide Phone System Replacement
a) Staff Report
b) Adopt Resolution

7. REPORTS

8. RESOLUTIONS FOR ADOPTION

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on April 5, 2024, and April 11, 2024, and ACH were processed on April 5, 2024 a) Information Item Only
b) No Action Required

11. CLOSED SESSION

11.1. Conference With Legal Counsel– Anticipated Litigation Initiation of Litigation pursuant to Government Code § 54956.9(d)(4):
(Two potential cases)

11.3. Report Out from Closed Session

12. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, May 06, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing May 2024 as “Asian American and Pacific Islander Heritage Month”

4.2. A Proclamation Recognizing May 2024 as “Jewish American Heritage Month”

4.3. A Proclamation Recognizing May 2024 as “Mental Health Month”

4.4. A Proclamation Declaring the Week of May 1218, 2024 as “National Police Week” and May 15, 2024 as “Peace Officers’ Memorial Day”

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

6.1. City/EMID Special Meeting Minutes of March 25, 2024

6.2. City/EMID Regular Meeting Minutes of April 15, 2024

6.5. A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Proposals for a Citywide Phone System Replacement
a) Staff Report
b) Adopt Resolution

7. REPORTS

8. RESOLUTIONS FOR ADOPTION

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on April 5, 2024, and April 11, 2024, and ACH were processed on April 5, 2024 a) Information Item Only
b) No Action Required

11. CLOSED SESSION

11.1. Conference With Legal Counsel– Anticipated Litigation Initiation of Litigation pursuant to Government Code § 54956.9(d)(4):
(Two potential cases)

11.3. Report Out from Closed Session

12. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, May 06, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing May 2024 as “Asian American and Pacific Islander Heritage Month”

4.2. A Proclamation Recognizing May 2024 as “Jewish American Heritage Month”

4.3. A Proclamation Recognizing May 2024 as “Mental Health Month”

4.4. A Proclamation Declaring the Week of May 1218, 2024 as “National Police Week” and May 15, 2024 as “Peace Officers’ Memorial Day”

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

6.1. City/EMID Special Meeting Minutes of March 25, 2024

6.2. City/EMID Regular Meeting Minutes of April 15, 2024

6.5. A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Proposals for a Citywide Phone System Replacement
a) Staff Report
b) Adopt Resolution

7. REPORTS

8. RESOLUTIONS FOR ADOPTION

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on April 5, 2024, and April 11, 2024, and ACH were processed on April 5, 2024 a) Information Item Only
b) No Action Required

11. CLOSED SESSION

11.1. Conference With Legal Counsel– Anticipated Litigation Initiation of Litigation pursuant to Government Code § 54956.9(d)(4):
(Two potential cases)

11.3. Report Out from Closed Session

12. ADJOURNMENT
The public is invited to attend.

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

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

6 of
Recognizing.May 2024 as
Asian American and Pacific Islander (AAPI) Heritage Month WHEREAS, Asian American and Pacific Islander (AAPI) Heritage Month is an annual celebration that recognizes the historical and cultural contributions of individuals and groups of Asian and Pacific Islander descent to the United States; and
WHEREAS, according to the Federal Asian Pacific American Council (FAPAC), the theme for AAPI Heritage Month this year is "Advancing Leaders through Innovation," paying homage to the visionaries and trailblazers who have shaped our AAPI history and continue to influence our collective future; and WHEREAS, in 1978, the U.S. Congress recognized Asian/Pacific American Heritage Week. In 1990, Congress passed a law expanding the observance to a month for that year. In 1992, Congress passed a law annually designating May as Asian/Pacific American Heritage Month. In 2009, President Barack Obama expanded the Asian/Pacific American commemoration to include Pacific Islanders and issued his proclamation in honor of AAPI Heritage Month; and
WHEREAS, the month of May was selected for AAPI Heritage Month to commemorate the immigration of the first Japanese to the United States on May 7, 1843, and to mark the anniversary of the completion of the transcontinental railroad on May 10, 1869, with substantial contributions from Chinese immigrants; and WHEREAS, according to US Census 2023 estimates, some 33.8 percent of San Mateo County's 726,353 residents are of Asian heritage, compared with 16.3 percent for all of California. Additionally, the 2020 US Census data showed that 50.6% of Foster City's residents are of Asian heritage; and WHEREAS, today, AAPI are the fastest growing racial group in the United States; and WHEREAS, AAPI have contributed significantly to many facets of American culture and society, including science and medicine, literature and art, sports and recreation, government and politics, and activism and law.,

NOW, THEREFORE, I, PATRICK SULLIVAN, MAYOR OF THE CITY OF FOSTER CITY, ON BEHALF OF THE CITY COUNCIL, officially recognize May 2024 as "Asian American and Pacific Islander Month," and encourage everyone to celebrate the cultural traditions, ancestry, native languages, and unique experiences represented by AAPI both across our country and in Foster City.

IN WITNESS WHEREOF, I have hereunto set my hand
and have caused the official seal of the City of Foster City to be affixed this 6th day of May, in the year two thousand and twenty-four, A.O.

PATRICK SULLIVAN, MAYOR

4.1 4.1 Proclamation

7 4.2

4.2 Proclamation

8 4.3

4.3 Proclamation

9 4.4

4.4 Proclamation

10 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF MARCH 25, 2024

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The duly called and noticed special meeting of the City Council of the City of Foster City (City), sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID) of March 25, 2024, was called to order at 6:30 p.m. by Mayor/President Sullivan.

This meeting was held as a hybrid meeting.

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

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

ABSENT: None.

STAFF PRESENT: Marlene Subhashini, Acting City/District Manager; Mary Wagner, Special Legal Counsel; Sofia Mangalam, Community Development Director; Diane Pitman, Administrative Services Director; Tracy Avelar, Police Chief; Derek Schweigart, Parks and Recreation Director; Andrew Brozyna, Public Works Director; Waqas Hassan, Assistant Finance Director; Rob Lasky, IT Manager; Laura Galli, Engineering Manager; Kurt Zander, Building Maintenance Manager; ‘Andra Lorenz, Senior Management Analyst; Yelena Cappello, Management Analyst; Katherine Mendoza, Deputy City Clerk; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk.

PUBLIC
Evan Adams addressed the City Council via email regarding the lagoon plan.

STUDY SESSION
Mayor/President Sullivan recessed the meeting into Study Session for the following:

1. Five Year Capital Improvement Program – FY 20242025 to FY 20282029

6.1 6.1 Minutes

11 2. Fifteen Year General Fund Capital Improvement Projects Program and Funding Plan for the Preparation of the City’s FY 20242025 Budget and FiveYear Financial Plan

3. Fifteen Year Water and Wastewater Funds Capital Improvement Projects Program and Funding Plan for the Preparation of the District’s FY 2024-2025 Budget and Five-Year Financial Plan

4. Review of Projected Water Rates for FY 2024-2025 and Policy Direction for Rate Notification Under Proposition 218

5. Review of Projected Wastewater Rates for FY 20242025

6. Updates to Master Fees and Service Charges Schedule for FY 20242025

7. Internal Service Funds Summary

8. Compensated Absences Internal Service Fund

9. Longevity Recognition Benefits Plan and Public Employees' Medical and Hospital Care Act (PEMHCA) Benefits Plan Internal Service Funds

10.Equipment Replacement Fund Budget and Internal Service Charges for FY 20242025

11.Vehicle Replacement Fund Overview and Internal Service Fund Allocations for FY 20242025

12.Building Maintenance Fund Budget and Internal Service Charges for FY 20242025

13.SelfInsurance Fund Budget for FY 20242025

14.Information Technology Internal Service Fund Budget for FY 20242025 Motion by Councilmember/Director Froomin, seconded by Vice Mayor/Vice President Jimenez, and carried unanimously by roll call vote, 5-0-0, Minute Order No. 1969 was adopted as follows:

1. Proceed with the proposed Five-Year Capital Improvement Program – FY 2024- 2025 to FY 2028-2029 and authorize staff to include the program in the FY 2024- 2025 budget with an amendment to amortize the appropriation of funding for the Sea Cloud Maintenance Shed Project (CIP 310-714) from the City CIP Fund 301 over the fiscal years in which the work of the project will take place;

2. Proceed with the proposed Fifteen Year General Fund CIP and Funding Plan that includes $5.75 million of annual transfers from the General Fund to the City Capital Fund for FY 2024-2025 through FY 2030-2031 followed by $3.5 million of annual transfers for the remaining eight fiscal years for the preparation of the City’s Fiscal Year 2024-2025 budget and Five-Year Financial Plan as presented;

3. Proceed with the Fifteen-Year Water and Wastewater Funds CIP and Funding Plan that includes $1.0 million of annual transfers from the Water Operating Fund to the Water CIP Fund and $7.60 million of annual transfers from the Wastewater CIP Fund for FY 2024-2025 and FY 2025-2026 followed by $3.1 million of annual transfers for the next thirteen fiscal years for the preparation of the Enterprise Funds’ Fiscal Year 2024-2025 budget and Five-Year Financial Plan as presented;

4. Proceed with the water rate adoption based on the Draft Water Rate Study Update Results Memo dated March 15, 2024 prepared by Bartle Wells

6.1 6.1 Minutes

12 Associates. Proceed with the distribution of public noticing to all ratepayers as required by Proposition 218 for a Public Hearing to be held on June 3, 2024, noticing a rate based on the Board of Directors’ direction. Include additional information in the Proposition 218 notice showing a comparison of the District’s water rates to the rates of neighboring communities;

5. Proceed to implement the previously adopted 2% annual wastewater rate increase for FY 2024-2025 based upon the Draft Wastewater Rate Study Update Results Memo dated March 15, 2024, prepared by Bartle Wells Associates.

Proceed with including information about the new Wastewater Rates in the Proposition 218 notice that will be mailed for the Water Rate public hearing;

6. Proceed with adopting the recommended changes and updates to the Master Fees and Service Charges Schedule for FY 2024-2025 with amendments to the Parks and Recreation Fee Schedule to include a line item for the patio area as an available reservation option in the proposed Vibe Rental Structure and delay review of the proposed Community Garden Fees until staff presents the Community Garden Pilot Program at a future Council meeting;

7. Proceed with the reserve levels policy and funding methodologies for all Internal Services Funds;

8. Proceed with decreasing the current rate of 2.74% to 2.11% in FY 2024-2025 for the Compensated Absence Internal Service Fund (CA ISF) to maintain a full reserve balance through FY 2024-25. Proceed with providing an assessment holiday in FY 2024-25;

9. Proceed with preparing the Longevity Recognition Benefits Plan and Public Employees’ Medical and Hospital Care Act (PEMHCA) Benefits Plan based on the recommendations and allocations contained in the staff report and proceed with establishing and funding IRC Section 115 irrevocable trust options;

10.Proceed with preparing the Equipment Replacement Fund budget based on the recommendations and allocations contained in the staff report with an amendment to defer the scheduled replacement of playground equipment for Shad Park and Sunfish Park until the Parks Master Plan is complete;

11.Proceed with preparing the Vehicle Replacement Fund budget based on the recommendations and allocations contained in the staff report with an amendment to maintain General Fund transfers at the FY 2023-2024 level;

12.Proceed with preparing the Building Maintenance Fund budget based on the recommendations and allocations contained in the staff report;

13.Proceed with preparing the Self Insurance Fund budget based on the recommendations and allocations contained in the staff report; and

14.Proceed with preparing the Information Technology Fund budget based on the recommendations and allocations contained in the staff report.

Meeting recessed into study session at 6:32 p.m. and reconvened at 8:54 p.m.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 8:54 p.m.

6.1 6.1 Minutes

13 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF APRIL 15, 2024

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of April 15, 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/District Secretary called the roll:

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City/District Manager; Sofia Mangalam, Community Development Director; Andrew Brozyna, Public Works Director; Derek Schweigart, Parks and Recreation Director; Tracy Avelar, Police Chief; Cory Call, Police Captain; William Sandri, Police Captain; Mark Lee, Police Lieutenant; Waqas Hassan, Assistant Finance Director; Monica Ly, Planning Manager; James Atkins, Senior Planner; Kristina Muratori, Dispatch Supervisor; Adrienne Torre, Lead Dispatcher; Clara Leong, Police Sergeant; Rob Lasky, IT Manager; Katherine Mendoza, Deputy City Clerk; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk.

SPECIAL PRESENTATIONS
PROCLAMATION DECLARING APRIL 2024 AS “ARAB AMERICAN HERITAGE MONTH”
Councilmember Hindi presented the proclamation declaring April 2024 as “Arab American Heritage Month” to Altayeb Abdulrahim, representing the Arab Cultural and Community Center.

6.2 6.2 Minutes

14 PROCLAMATION RECOGNIZING APRIL 2024 AS “PARKINSON’S AWARENESS MONTH”
Councilmember Kiesel presented the proclamation recognizing April 2024 as “Parkinson’s Awareness Month” to Debbie Lucchesi, representing the Parkinson’s Foundation.

PROCLAMATION DECLARING THE WEEK OF APRIL 14-20, 2024 AS “NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK”
Councilmember Froomin presented the proclamation declaring the week of April 14-20, 2024 as “National Public Safety Telecommunicators Week” to Dispatch Supervisor Kristina Muratori and Lead Dispatcher Adrienne Torre.

PROCLAMATION DECLARING THE WEEK OF APRIL 21-27, 2024 AS “VOLUNTEER APPRECIATION WEEK”
Vice Mayor Jimenez presented the proclamation declaring the week of April 21-27, 2024 as “Volunteer Appreciation Week” to Reserve Police Officer Roger Fisher.

PUBLIC
Victoria Jones addressed the City Council via email regarding the National Restaurant Association.

Shankar Kenkre addressed the City Council via email regarding ordinance implementation.

CONSENT CALENDAR
Evan Adams addressed the City Council via email regarding the Proclamation of Existence of a Local Emergency by the City Manager of the City of Foster City Related to Major Damage to the City’s Main Water Pipeline.

Motion by Councilmember/Director Kiesel, seconded by Vice Mayor/Vice President Jimenez, 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 April 1, 2024;

2. City Resolution No. 2024-25, “A Resolution of the City Council of the City of Foster City Renewing Ordinance No. 647 Regarding Police Department Acquisition and Use of Military Equipment Pursuant to Assembly Bill 481 and Government Code Section 7070 Et Seq. and Approving the Military Equipment Use Policy;”

6.2 6.2 Minutes

15 3. City Resolution No. 2024-26, “A Resolution of the City Council of the City of Foster City Approving the Plans and Specifications and Authorizing the Call for Bids for CIP301-716 Street Rehabilitation and Park Pathway Restoration Project (2023- 2024) and Finding That the Project Is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA);”

4. City Resolution No. 2024-27, “A Resolution of the City Council of the City of Foster City Authorizing Staff to Issue a Request for Proposals for an Enterprise Backup System;”

5. City Resolution No. 2024-28, “A Resolution of the City Council of the City of Foster City Authorizing Staff to Issue a Request for Proposals for a Nutanix Hyperconverged Server;”

6. City Resolution No. 2024-29, “A Resolution of the City Council of the City of Foster City Authorizing the City Manager to enter into a Rebate Reservation Agreement with Peninsula Clean Energy Authority for Workforce Housing Electric Vehicle Charging (EV) project; Accept the $11,000 in rebates for the EV Charging project; and Finding the Request exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(b)(3);” and

7. City Resolution No. 2024-30, “A Resolution of the City Council of the City of Foster City Ratifying the Proclamation of Existence of a Local Emergency By the City Manager of the City of Foster City Related to Major Damage to the City’s Main Water Pipeline.”

ITEM REMOVED FROM CONSENT CALENDAR

AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT WITH DAVID TURCH AND ASSOCIATES, IN AN AMOUNT NOT-TO- EXCEED $270,000 FOR AN INITIAL THREE-YEAR TERM, FOR CONSULTING

SERVICES FOR ASSISTANCE WITH ADVICE AND COUNSELING TO FEDERAL GOVERNMENTAL AFFAIRS. CITY RESOLUTION NO. 2024-31.

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

City Manager Chatwin presented the staff report.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Councilmember Kiesel, and carried unanimously 5-0-0, adopting City Resolution No. 2024-31, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a Professional Services Agreement with David Turch and Associates, in an Amount Not-to-Exceed $270,000 for an Initial Three-Year Term, for Consulting Services for Assistance with Advice and Counseling to Federal Governmental Affairs” with a correction to the terms and conditions of the agreement.

6.2 6.2 Minutes

16 PUBLIC HEARINGS

REVISIONS TO THE CITY/DISTRICT MASTER FEES AND SERVICE CHARGES SCHEDULE FOR FISCAL YEAR 2024-2025. CITY RESOLUTION NO. 2024-32. EMID RESOLUTION NO. 3755.

Assistant Finance Director Hassan presented the staff report.

Mayor/President Sullivan opened a public hearing to hear and consider comments regarding revisions to the City/District Master Fees and Service Charges Schedule for Fiscal Year 2024-2025.

No public testimony was received.

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

Discussion ensued.

Motion by Mayor/President Sullivan, seconded by Councilmember/Director Kiesel, and carried unanimously, 5-0-0, adopting City Resolution No. 2024-32 and EMID Resolution No. 3755 “A Resolution of the City Council of the City of Foster City and Board of Directors of the Estero Municipal Improvement District Amending the Master Fees and Service Charges Schedule for FY 2024-25” with the following corrections to the Master Fees and Service Charges Schedule for FY 2024-25:

1. Remove footnotes regarding custodial fees for Community Center and Vibe Teen Center Rental fees; and

2. Amend Non-Profit Organization Fee Structure to state custodial fees are to be for groups over 80, and the FY 24/25 Non-Profit Rate is a $55 flat fee.

AMENDING FOSTER CITY MUNICIPAL CODE TITLE 15, BUILDING AND CONSTRUCTION AND TITLE 17, ZONING OF THE FOSTER CITY MUNICIPAL CODE, BY REPEALING CHAPTER 15.12 SIGN CONTROL AND REPLACING IT WITH A NEW CHAPTER 17.59 SIGN CONTROL AND FINDING THE AMENDMENTS EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDLINE SECTION 15061(B)(3).

Community Development Director Mangalam and Senior Planner Atkins presented the staff report.

Mayor Sullivan opened a public hearing to hear and consider comments and introduce ordinance amending Foster City Municipal Code Title 15, Building and Construction and Title 17, Zoning of the Foster City Municipal Code, by repealing Chapter 15.12 Sign Control and replacing it with a new Chapter 17.59 Sign Control and finding the

6.2 6.2 Minutes

17 amendments exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guideline section 15061(b)(3).

No public testimony was received.

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

Discussion ensued.

Motion by Mayor Sullivan, seconded by Councilmember Hindi, and carried by roll call vote, 4-1-0, Councilmember Froomin voted “no,” to introduce ordinance by title and waive further reading, and pass to second reading, “An Ordinance of the City of Foster City Amending Title 15 Building and Construction and Title 17 Zoning of the Foster City Municipal Code, by Repealing Chapter 15.12 Sign Control and Replacing It With a New Chapter 17.59 Sign Control and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) - RZ2024-0004” with amendments to add “square feet” at the end of Exempt Signs Section

17.59.060(N)(1)(b) and to add Findings under Sign Use Permits Section

17.59.040(B)(2)(b) of the Foster City Municipal Code.

NEW BUSINESS
POLICY FOR REQUESTING TO ADD ITEMS TO A FUTURE AGENDA. MINUTE ORDER NO. 1973.

City Manager Chatwin presented the staff report.

Discussion ensued.

Motion by Councilmember Kiesel, and the maker amending the motion, seconded by Councilmember Hindi, and carried, 3-2-0, Councilmember Froomin and Vice Mayor Jimenez voted “no,” to adopt Minute Order No. 1973, directing staff to update the policy for requesting to add items to a future agenda as follows:

1. If a Councilmember would like to add an item to a future agenda, they will first discuss it with the City Manager;

2. After a discussion with the City Manager, the Councilmember will state their request during the Council/Board Statements and Requests portion of a regular City Council meeting;

3. If at least one other Councilmembers support agendizing the item, direction will be given to the City Manager to place the item on a future agenda; and

4. If the item fails to gain approval from at least one other Councilmember in addition to the requesting Councilmember, the item may not be brought back to the City Council for at least 6 months unless additional information is provided.

6.2 6.2 Minutes

18 ORDINANCES FOR INTRODUCTION
AMENDING VARIOUS SECTIONS OF CHAPTERS 12.08, 12.12, 12.16, AND 12.36 WITHIN TITLE 12, “PUBLIC PROPERTY” OF THE FOSTER CITY MUNICPAL CODE

MAKING REVISIONS TO AUTHROIZE ADMINISTRATIVE CITATIONS TO BE ISSUED

FOR VIOLATIONS AND OTHER ADMINISTRATIVE CHANGES TO RESERVATION PROCESS AND USE OF PARKS AND ADDING A NEW CHAPTER 12.44, “SIDEWALK VENDING PROGRAM” WITHIN TITLE 12 TO ESTABLISH LOCATIONS AND REGULATIONS APPLICABLE TO SIDEWALK VENDORS.

Parks and Recreation Director Schweigart and Community Development Director Mangalam presented the staff report.

Discussion ensued.

Motion by Mayor Sullivan, seconded by Vice Mayor Jimenez, and carried unanimously by roll call vote, 5-0-0, to introduce ordinance by title and waive further reading, and pass to second reading, “An Ordinance of the City of Foster City Amending Various Sections of Chapters 12.08, 12.12, 12.16 and 12.36 Within Title 12, “Public Property” of the Foster City Municipal Code Making Revisions to Authorize Administrative Citations to Be Issued for Violations and Other Administrative Changes to Reservation Process and Use of Parks and Adding a New Chapter 12.44, “Sidewalk Vending Program” within Title 12 to Establish Locations and Regulations Applicable to Sidewalk Vendors.”

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

City/District Warrants of Demands were Processed and Issued on March 28, 2024.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager Chatwin reported that on April 7, there was a break in the City’s main water line. The break was repaired within 36 hours, and City/District Manager Chatwin expressed appreciation to the following staff that worked tirelessly on the issue:

1. Andrew Brozyna, Public Works Director;

2. Zaheed Danish, Public Works Superintendent;

3. Gonzalo Larios, Lead Maintenance Worker;

4. Jose Rojo, Maintenance Worker I;

5. Victor Sandoval, Maintenance Worker I;

6. Luis Avalos, Maintenance Worker I;

7. Ulises Renteria, Maintenance Worker I;

8. Lou Diaz, Maintenance Worker II;

9. Brett Porter, Maintenance Worker II;

10.Doug Young, Maintenance Worker I;

6.2 6.2 Minutes

19 11.James Mackinlay, Maintenance Worker I;

12.Zack Tschierschky, Maintenance Worker I;

13.Matt Cullen, Maintenance Worker II;

14.Austin Walsh, Communications Manager;

15.Tracy Avelar, Police Chief;

16.Kent Thrasher, San Mateo Consolidated Fire Chief;

17.Jim Yoke, San Mateo Consolidated Fire Emergency Services Manager; and

18.Michael O’Shaughnessy, of MOS Construction.

Councilmember/Director Froomin reported that he attended the Land Use Subcommittee meeting on April 11. On April 10, he attended the San Mateo Consolidated Fire Board meeting, where they discussed the budget for the 2024-2025 Fiscal Year. On April 13, he attended a Community Coffee event hosted by San Mateo County District 2 Supervisor Corzo at Penelope’s Coffee and Tea. He recognized the Communications/City Clerk staff for their work on the City’s main water line break and for creating the How to Run for City Council informational video and webpage.

Councilmember/Director Kiesel commended the dedication of staff that worked to repair the main water line break.

Councilmember/Director Hindi expressed appreciation for the staff that worked on the water line and recognized City/District Manager Chatwin for handling the issue. He reported he attended the Land Use Subcommittee meeting on April 11.

Vice Mayor/Vice President Jimenez stated she attended the City/County Association of Governments (C/CAG) Board meeting on April 11, where she was appointed to the C/CAG Legislative Committee. She also thanked City staff and City/District Manager Chatwin for working through the weekend to repair the main water line.

Mayor/President Sullivan thanked City staff and City/District Chatwin for working on the main water line. On April 7, he attended the Holi Festival event at Leo J. Ryan Park. On April 8, he met and spoke to 2nd grade students from Beach Park Elementary School for the Meet the Mayor visit. On April 18, he plans to attend the Youth Advisory Committee’s Spaghetti Feed and on April 20, he will be attending the 2024 Progress Seminar hosted by Chamber San Mateo County.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 9:26 p.m.

6.2 6.2 Minutes

20 1
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING TITLE 15 BUILDING AND CONSTRUCTION AND TITLE 17 ZONING OF THE FOSTER CITY MUNICIPAL CODE, BY REPEALING CHAPTER 15.12 SIGN CONTROL AND REPLACING IT WITH A NEW CHAPTER 17.59 SIGN CONTROL AND FINDING THE AMENDMENTS

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3) - RZ2024-0004

CITY OF FOSTER CITY
WHEREAS, the City of Foster City’s (“City”) sign regulations are currently codified in Chapter 15.12 of the City Municipal Code (“Sign Ordinance”); and WHEREAS, the City Council initially adopted the Sign Ordinance in 1989 and subsequently adopted several amendments to the Sign Ordinance including in the years 2005, 2006 and the most recent amendment in 2022; and
WHEREAS, the Sign Ordinance is intended to regulate signs located on property within the City over which the City has regulatory authority; and WHEREAS, the Sign Ordinance also minimizes the possible adverse effects of signs placed on nearby public and private property, including streets and public rights-of- way; and
WHEREAS, caselaw supports the use of content-neutral regulations to address aesthetic and safety concerns relating to signs, such as location, quantity, quality and durability of materials, size, illumination, and portability; among other things; and WHEREAS, caselaw allows different levels of protection for noncommercial speech and commercial speech; and
WHEREAS, signs may significantly impact the aesthetic appeal and the visual environment of the City; and
WHEREAS, signs may significantly impact safety, traffic, and circulation issues by creating distractions to motorists or blocking motorists’ line of sight; and WHEREAS, signs may significantly impact pedestrian access and safety by blocking sidewalks and other walkways; and
WHEREAS, the City desires to update the Sign Ordinance to ensure that signs continue to be regulated in an even-handed manner while also furthering the City’s aesthetic and public health, welfare, and safety concerns; and

6.3 Attachment 1 - Ordinance and Exhibit A

21 2
WHEREAS, the City desires to relocate Chapter 15.12 Sign Control from Title 15 Building and Construction to Title 17 Zoning, and create a new Chapter 17.59 Sign Control; and
WHEREAS, on March 7, 2024, the Planning Commission held a study session to update the public and the Planning Commission regarding proposed amendments to the Sign Ordinance; and
WHEREAS, on March 21, 2024, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider a Resolution regarding repealing Chapter 15.12 Sign Control and replacing it with a new Chapter 17.59 Sign Control, and after conducting the public hearing, adopted Resolution No. P-6-24 with the Planning Commission recommending City Council repeal Chapter 15.12 Sign Control and approve new Chapter 17.59 Sign Control; and
WHEREAS, the proposed amendments are exempt pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of having a significant effect on the environment; and
WHEREAS, on April 3, 2024, a public hearing notice was duly published and posted in three public places pursuant to California Code Section 65090 for the City Council public hearing on April 15, 2024.

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

Section 1. The City Council does hereby find and determine based upon the aforementioned Record as follows:

1. The foregoing Recitals are true and correct and are incorporated herein by this reference.

2. The proposed amendments are internally consistent with all other provisions of the General Plan and do not conflict with any of the previously adopted goals, policies, or programs of the General Plan.

3. The proposed amendments are necessary to implement the goals and policies of the General Plan through the implementation of the Housing Element.

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

5. The proposed amendments are exempt from CEQA Guideline Section 15061(b)(3) and consistent with Public Resources Code Section 21080.17.

Section 2. Amendment. Chapter 15.12 “Sign Control” within Title 15 “Building and Construction” of the Foster City Municipal Code is hereby amended by repealing the existing Chapter 15.12 in its entirety and replacing it creating Chapter 17.59 “Sign Control”

6.3 Attachment 1 - Ordinance and Exhibit A

22 3
in Section 17 “Zoning” to read as set forth in the attached Exhibit A, as listed below and attached hereto and incorporated herein by reference:

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

Section 4. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.

Section 5. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.

This Ordinance was introduced and read on the 15th day of April, 2024, and passed and adopted on the 6th day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 1 - Ordinance and Exhibit A

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EXHIBIT A
A new Chapter 17.59 is hereby added as follows:

Chapter 17.59

SIGN CONTROL
SECTIONS: Page

17.59.010 Purpose, Objective and Intent ...............................................................................................4

17.59.020 Applicability..........................................................................................................................5

17.59.030 Definitions .............................................................................................................................5

17.59.040 Sign permits.........................................................................................................................10

17.59.050 Measurement of Signs .........................................................................................................14

17.59.060 Exempt Signs.......................................................................................................................17

17.59.070 Prohibited Signs ..................................................................................................................21

17.59.080 Temporary Signs .................................................................................................................24

17.59.090 Public Convenience Signs ...................................................................................................29

17.59.100 Sign Development Standards ..............................................................................................29

17.59.110 Signs for Specific Use .........................................................................................................39

17.59.120 Master Sign Program...........................................................................................................40

17.59.130 Construction and Maintenance............................................................................................42

17.59.140 Enforcement ........................................................................................................................43

17.59.010 Purpose, Objective and Intent.

The purpose of this chapter is to establish standards for signage which help people find what they need without difficulty or confusion and to help preserve and improve the appearance of the city. Therefore, all signs shall be regulated to assure that they promote both the goals and objectives of the community and public health, safety, and general welfare.

This chapter establishes standards for the erection, display, safety, and maintenance of signs which are intended to meet the following objectives:

6.3 Attachment 1 - Ordinance and Exhibit A

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Public Welfare. The city, as a unique planned community, has greatly avoided the influences of traditional community development where signing proliferated to a point detrimental to the value and quality of the community before being regulated. The opportunity to achieve an environment free from such circumstances exists in the city and therefore shall be pursued wherever possible in order to build a community of the highest value and quality in which all citizens may take pride and enjoyment.

Healthy Economy. An objective of this chapter is to allow businesses to identify themselves so that clients can find them with a minimum of confusion. This is achieved by effective signing which is necessary, concise, well designed, and well executed. It is recognized that signs are an economical and effective means of communicating information and are thus an important asset to most businesses.

Freedom of Speech for Signs. The city recognizes the importance of signs in the exercise of free speech.

The city finds it necessary to regulate the time, place, and manner of the placement of signs for the following reasons:

A.Prohibition of signs on public street medians, bridges, public utility box or any poles used for public utility, traffic control signs, traffic signals, or street signs is necessary to: prevent visual distractions to motorists which create traffic hazards, prevent unsafe road conditions, and to prevent eyesores from proliferating along public streets.

B.Regulation of the size of signs is necessary for safety and aesthetic reasons, specifically, that the strong winds that are common in Foster City would remove the signs, creating hazards and accumulation of debris, and extremely large or illuminated signs would create a distraction to motorists.

17.59.020 Applicability.

The standards in this chapter shall apply to all signs in all zoning districts in the city constructed or physically altered on or after the effective date of this title. Only signs authorized by this chapter shall be allowed unless otherwise expressly provided in this chapter.

17.59.030 Definitions. As used in this chapter, the terms listed below are defined to mean the following:
“Abandoned Sign” means a sign which no longer directs, advertises, or identifies a legal business establishment, product, or activity on the premises where such sign is displayed. “Advertising Structure” means a structure erected or used for the purpose of supporting or displaying a message or sign.
“Affected Wall Surface Area” means the solid wall surface area between the top story row of windows and the roof line running the length of the building elevation (or the subject portion of the building elevation) on which the sign is proposed to be placed or the surface area of any separate element of the building on which the sign is proposed to be placed, provided that the separate element is located at or near the top of the building.
“Aggregate Total Glass Surface Area” means the product of multiplying the length times the width of the storefront glass surface along a single building elevation with the proviso that window panel separations

6.3 Attachment 1 - Ordinance and Exhibit A

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(mullions, grids, etc.) that are less than six inches wide shall be counted within the aggregate total glass surface area available for signage, and window panel separations or building structural elements separating windows that are six inches or greater shall not be included within the aggregate total glass surface area available for signage. In the case of stores with more than one building elevation with window glass, the aggregate total glass surface area available for the placement of signage shall be calculated based on the dimensions of each individual elevation. Unused amounts of aggregate total glass surface area from one elevation shall not be applied to any other elevation.
“Approving Authority” means that person or body (community development director, planning commission or city council) which has authority pursuant to the provisions of this chapter to approve an application for a sign permit.
“Awning” means a shelter supported entirely from the exterior wall of a building and composed of nonrigid materials except for the supporting framework.
“Banner” means a sign composed of flexible material either totally or partially secured to a structure and when partially secured is intended to be moved by the wind. “Billboard” means a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located. “Building Frontage” means the width of the face of a building abutting the public right-of-way or primary pedestrian access.
“Bulletin Board” means a board, either in a freestanding kiosk or on a wall, on which temporary bulletins or notices are posted.
“Business Face; Frontage” means the exterior surface of a building given to an individual business, including exposed foundation, windows, doors, parapet, fascia, and wall area, but not including any overhanging fascia, canopy, marquee, awning, or roof surface. “Business Frontage (primary)” means the width of the face of a business abutting, or if not abutting, exposed to a public right-of-way. In the case of multiple frontages abutting public rights-of-way, the longest frontage shall be considered the primary business frontage. “Business Frontage (secondary)” means the width of the face of a business abutting a secondary street, freeway, parking lot, or pedestrian access.
“Cabinet; Can; Lightbox; Panel Sign” means an internally illuminated sign consisting of a frame with a continuous translucent message panel.
“Canopy” means a permanent structure extending from part or all of a building elevation for the purpose of providing shade or shelter.
“Canopy Sign” means a sign mounted to the face, above, or suspended below the canopy structure. “Changeable Copy Sign” means a sign that is designed so that characters or letters can be changed or rearranged without altering the face or the surface of the sign.

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“Channel Letter” means a sign that includes a three-dimensional letter that may include internal illumination.
“Commercial Office Building” means a building used for administrative, professional, and business office purposes.
“Commercial Center” means a group of five or more contiguous businesses which utilize common off- street parking and access, which exhibit a common architectural design. “Commercial Uses” means a retail or similar use in a commercial center or on a property zoned C-1 (retail business), C-A (commercial automobile repair and service), C-2/PD (town center commercial/planned development), or CM/PD (commercial mix/planned development district). “Construction Sign” means any sign giving the name or names of principal contractors, architects, and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon. See Section 17.59.080K of this chapter. “Directional Sign” means an incidental sign designed to guide or direct pedestrian or vehicular traffic. “Freestanding Sign” means a permanent sign attached to the ground and which exhibits sign graphics on one or two faces. Both shall be the same on both faces where one side of the sign’s copy area shall satisfy any sign area requirements.
“Freeway” means State Highway 92 or State Highway 101.
“Halo Lighting” means illumination of individual letters, numbers, or graphics having an opaque surface, using internal, reverse illumination where the light source is not directly visible. “Identification Sign” means a permanent sign which identifies a building, occupant, or activity conducted on the premises.
“Illegal Sign” See Section 17.59.140B of this chapter.
“Illumination (external)” means the illumination of a sign by a light source that is directed towards and shines on the face of a sign.
“Illumination (internal)” means any light from a source contained within the sign itself and the light source is not directly visible. Such signs shall be required to include a dimming device to reduce the intensity of light when necessary.
“Industrial Center” means a group of industrial buildings which utilize common off-street parking and access, and exhibits a common architectural design.
"Inflatable Sign” means a sign consisting of a flexible envelope of material(s) that gains its shape from blowing air into its volume.
“Logo” means a symbol, picture, or other graphic representation used by an entity to consistently identify itself.

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“Marquee Sign” means a sign with changeable copy that may be a canopy or roof-like projection above the entrance to a theater, hotel, or other building, or a wall sign attached to a building, or a freestanding sign on the premises where the business is located.
"Master Sign Program” means a plan which identifies the placement, construction, size, materials, colors, method of lighting, and other related requirements for those signs that are subject to the plan. "Monument Sign” means a sign that is erected on the ground or on a constructed base that is designed as an architectural element for the site.
“Neon” means tubes illuminated by a light source consisting of neon gas, other gases, LEDs, or other light sources which are bent to form letters, symbols, or other shapes. “Nonconforming Sign”. See Section 17.59.140A of this chapter. “Off Premise Sign” means a sign that is not located on the property of business which it is advertising. “Office Center” means a group of commercial office buildings which utilize common off-street parking and access, and which exhibit a common architectural design. “Office Use” means an administrative, professional, and business office use in an office center or on a property zoned C-O (Commercial Office District), C-1 (Neighborhood business district), C-2 (General Business District), or C-M (Commercial Mix District).
“Painted Wall Sign” means a sign painted directly on a building’s surface and shall comply with the dimensional development standards for wall signs in Section 17.59.080. “Parapet Or Parapet Wall” means that portion of a building wall which rises above the roof. “Pedestrian Access (primary)” means the single doorway located and designed to be the major entry to a building.
“Pedestrian Access (secondary)” means doorways, other than the primary pedestrian access, for gaining entry to a building.
“Portable Sign” means a sign not permanently affixed to the ground or a structure on the premises it is intended to occupy.
“Projecting; Blade Sign” means a building mounted sign that projects perpendicular to the building’s surface.
“Promotional Sales Sign” means a sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, new services, a special sale, or similar purpose. “Property Frontage” means the linear dimension of a parcel of property abutting a public street. “Public Convenience Sign”. See Section 17.59.090 of this chapter. “Pylon Sign” means a freestanding sign with a visible support structure.

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“Real Estate Sign”. See Section 17.59.080K of this chapter. “School” means a public or private elementary school, junior high school, or high school. “Setback” means the distance measured to the property line. “Sign” means a visual communications device used to convey a message to the viewer. A sign shall not include lighting or paint used to highlight the architectural features of a building which were approved pursuant to an architectural review application and does not include any devices placed inside a building which are not defined as window signs pursuant to this Section. “Sign Area”. See Section 17.59.050A of this chapter.
“Sign Base” means the post(s) or supporting structure between the ground and the background or frame (if present) of a freestanding or monument sign.
“Sign Copy” means any words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign, but does not include color.
“Sign Graphics” means all lettering, logos, pictures, symbols, patterns, and depictions, including color, on a sign.
“Sign Height of a Freestanding Sign” means the distance from the average surface grade surrounding the base of the sign to the top of its highest element, including any structural element. Where a sign is placed on a mound, the height of the mound shall be included.
“Sign Use Permit” means an application to increase the normally allowed sign area, number of signs, types of signs, and/or to allow alternative locations of signs. See Section 17.59.040B.2(b) of this chapter. “Temporary Noncommercial Right-Of-Way Signs” means a temporary sign for noncommercial purposes located in the city’s right-of-way. Temporary noncommercial right-of-way signs shall be subject to the provisions of Section 17.59.060M.
“Temporary Sign”. See Section 17.59.080 of this chapter. “Typical Sign Permit” means a sign permit which is not a sign use permit or a variance sign permit. “Variance Sign Permit” means a sign permit that allows an increase in the maximum standards set forth in this chapter such as height, size, and location of any sign, based on practical difficulties, unnecessary hardships, or results inconsistent with the general intent and purpose of this chapter. See Section 17.59.040B.2(c) of this chapter.
“Vehicle Display; Wrap Sign” means a sign attached to, or wrapping the surface of a motor vehicle which is parked on public or private property with the purpose of advertising to the public. “Wall Sign” means a sign attached to and flat against a building wall or structure.

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“Window Sign” means all signs in any nonresidential zoning district, visible from outside the building, and placed in any of the following locations (see Section 17.59.060E of this chapter for window signs exempt from sign permit requirements):

1. Affixed to or placed within three (3) feet of a window;

2. Neon signs placed within ten (10) feet of a window (see Section 17.59.100B (TABLE 3-A) of this chapter regarding prohibition of these neon signs); or

3. Neon signs placed ten (10) feet or more from a window (see Section 17.59.100B (TABLE 3-A) of this chapter regarding sign permits required for these neon signs).

17.59.040 Sign permits.

No sign shall be authorized, constructed, placed, altered, or moved except in conformity with these regulations and without first obtaining a sign permit where required, paying prescribed fees, and otherwise complying with all other applicable provisions of federal, state and local law, except as exempt pursuant to Section 17.59.060. No sign permit is required for exempt signs, or for cleaning or other normal maintenance of a properly approved sign, unless a structural or electrical change is made.

A. Permit application. To obtain a sign permit, the applicant shall first submit a permit application form, plans and/or specifications, and the required fees to the community development director or his, her, or their authorized representative. Depending on the proposal, one of the three following application types and requirements shall apply:

1.Application. Application for a Sign Permit shall be made upon forms furnished by the director and accompanied by the required fee and working drawings adequate to show:
(a) Site plan showing
(i) Location of building(s) and proposed signs (including tenant space location).
(b) Detailed elevation of sign(s) both new and existing, showing (i) Dimensions of sign(s);
(ii) Sign Area;
(iii) Color;
(iv) Size and letter style of sign copy;
(v) Size and style of proposed logo;
(vi) Sign materials; and,
(vii) Method of illumination.

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(c) Schematic building elevation showing
(i) Dimensions of building frontage; and,
(ii) Exact location of existing and proposed signage (Photo simulations may be submitted for sign copy changes).
(d) Installation detail showing cross section through the sign and specifications of hardware and materials.

2.Fees. The applicant shall pay all applicable fees as set in the master fee and service charges schedule as adopted by resolution by the city council.

B. Criteria for Review.

1.Community Development Director Review.
(a)Administrative Sign permit. A typical sign is one that meets the minimum requirements as set forth in this chapter and does not require a use permit or variance.

2.Planning Commission Review.
(a)Sign Use Permit for a master sign program and/or modifications to an existing master sign program. The planning commission shall review and approve all signage requiring a master sign program, including modifications, except minor modifications as determined by the community development director under Section 17.59.120C.
(b)Sign Use Permit.
(i) The planning commission may, upon approval of a use permit, allow additional sign types, amounts and locations over and above those set forth in any Section of this chapter.
(ii) Under such use permit sign request approval, the planning commission may increase normally allowed sign area by up to fifty percent (50%) for any sign and may allow such additional numbers and types of signs as may be deemed appropriate.
(iii) Prior to approving a sign use permit request, the planning commission shall find that the additional signage is in the public interest and that the signs will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use, or injurious or detrimental to property or improvements in the neighborhood or the general welfare of the city.

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(c)Sign permits requiring a variance. The planning commission may, upon approval of a variance for signage, allow for the approval of sign permits when practical difficulties, unnecessary hardships as a result of parcel size and/or shape, topography, location, or surroundings such that the strict application of the standards contained in this chapter deprives the property of privileges enjoyed by other property in the vicinity and under identical use classification. Prior to approving a variance sign permit, the planning commission shall make the following findings:
(i) Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the standards contained in this chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical use classification.
(ii) The variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity with the same use classification as the subject property.

C. Review and Approval.

1. Upon acceptance of a sign application, the Planning Division shall review the request for compliance with the standards and requirements of this chapter, and with any standards established in a Master Sign Program.

2. No permit for construction will be issued until design review, if required, has been granted and the application has been found in conformance with the approved design.

3. The community development director shall have the authority to determine what application(s) are required for all proposed signage; to administer the sign review process; to establish submittal and review requirements; and to determine the completeness of applications for any actions allowed or required under the provisions of this chapter.

4. The community development director shall have the authority to administratively approve minor modifications to approved sign permits with respect to colors, materials, elevations, site plans, landscape plans, lighting, and other physical changes of a similar nature. Modifications to approved permits shall be minor in nature, shall not affect the basic character of the sign; nor deviate from the intent of the planning commission as determined by the community development director, or from the requirements of this chapter.

5. The community development director may refer any sign permit to the planning commission for comment or final action.

6. The applicant shall obtain a building permit after the issuance of a sign permit.

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D. Notice of Decision.

1. Written notice of the decision shall be provided to the applicant within ten (10) calendar days after the decision is rendered.

2. The Notice of Decision and/or Planning Commission Resolution shall clearly state any conditions of approval and applicable appeal provisions.

E. Appeals. In case the applicant or any other person is not satisfied with any decision to approve or deny a sign permit, they may appeal such decision as follows:

1. An appeal letter must be submitted specifying the following:
(a) The person making the appeal;
(b) The specific item of appeal, and all supporting documentation; (c) The basis for such appeal and information substantiating the basis for appeal (e.g. failure to comply with the city’s general plan, state or local laws; or stating reasons why the action of the community development director or planning commission would adversely affect surrounding property, the neighborhood, and/or the city); and,
(d) The relief or action sought.

2. Decisions of the community development director may be appealed to the planning commission, and decisions of the planning commission may be appealed to the city council.
(a) Any appeal must be submitted in writing within ten (10) calendar days of the decision and shall be accompanied by an appeal filing fee, set by resolution of the Council.
(b) Appeals of decisions of the community development director shall be submitted to the planning division. The appellant shall be notified in writing of the meeting date.
(c) Appeals of decisions of the planning commission shall be submitted to the city clerk for a hearing by the city council. The appellant shall be notified in writing of the meeting date.
(d) In any appeal, the burden of proof is upon the appellant.

3. If an appeal is granted and requires a sign to be modified or denied, the sign shall be modified or denied as directed by the body granting the appeal.

F. Sign permit issuance.

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1. For sign permits issued by the community development director or planning commission, such approval shall not be effective until the following occurs:
(a) The appeal period expires and no appeal is filed; or (b) An appeal is filed and a final determination is made by the body denying the appeal.

G. Additional permits and limitations.

In addition to the sign permit, a building permit may be required, such as a mechanical and/or electrical permit. It shall be the responsibility of the applicant to obtain such additional permits, if required, from the building official.

The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or approval of, any violation of the provisions of this chapter. No permit presuming to give authority to violate or cancel the provisions of this chapter shall be valid, except insofar as the work or use which it authorizes is lawful.

H. Expiration of sign permit.

1. Every permit issued under the provisions of this chapter shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one hundred eighty days (180) from the date of such permit, or if the work authorized is suspended or abandoned at any time after the work is commenced, for a period of one hundred eighty (180) days.

2. The community development director may extend the time limit for reasonable cause and if no changes are made to the plans and specifications. Denial of a request for time extension may be appealed as provided in Section 17.59.040E.3.

17.59.050 Measurement of Signs.

A. Measuring Sign Area.

The area of a sign face includes the entire area within a single continuous perimeter composed of squares and rectangles that enclose the extreme limits of all sign elements, including, without limitation, sign structures or borders, written copy, logos, symbols, illustrations, and color.

Supporting structures, such as sign bases and columns, are not included in the sign area, provided that they contain no lettering or graphics except for addresses or required tags.

1.Single-Faced Signs. The sign area of a sign with a single face area is the area of the sign face.
(a) If the sign consists of an integral surface and has a regularly shaped perimeter, the area of the sign shall be calculated as the area within the perimeter.

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Area = (X)(Y); where X is the width and Y is the height (b) If the message surface consists of noncontiguous segments or has an irregularly shaped perimeter, then the area of the sign shall be all of the area encompassed within a single continuous rectilinear perimeter of not more than ten (10) straight lines enclosing the extreme limits of the message surface, and including any color, material, or graphic which is integrated therein which differentiates the message from the background against which it is placed.

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Area = [(X1)(Y1)]+[(X2)( Y2)] +[(X3)(Y3)]

2.Double-Faced Signs. Where two (2) faces of a double-faced sign are located two (2) feet or less from one another at all points, or located at an interior angle of forty- five (45) degrees or less from one another, the sign area of double-faced signs is computed as the area of one (1) face. Where the two (2) faces are not equal in size, the larger sign face will be used. Where two (2) faces of a double-faced sign are located more than two (2) feet or greater than forty-five (45) degrees from one another, both sign faces are counted toward sign area.

3.Multi-Faced Signs. On a multi-faced sign, where at least one interior angle is forty- five (45) degrees or less, the area of two (2) faces (the largest and smallest face) must be summed to determine sign area. In all other situations involving a sign with three (3) or more sides, the sign area will be calculated as the sum of all faces.

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B. Height of Sign. The height of a sign is the vertical distance from the highest element, including any structural element, to the existing grade immediately below the sign. If the sign is a freestanding sign located on a sloping surface, the measurement shall be taken from the highest element, including any structural element, to the average surface grade surrounding the base of the sign.

C. Frontage.

1.Building Frontage. A building’s frontage is considered continuous if projections or recesses in a building wall do not exceed ten (10) feet in any direction. For buildings with two (2) or more frontages, the length of the wall and allowable sign area shall be calculated separately for each building frontage.

2.Street Frontage. The length of street frontage is measured along the property line adjacent to the public right-of-way.

17.59.060 Exempt Signs. Except as otherwise provided in this chapter, the following signs are declared to be exempt from the requirements of sign permit application, review, approval, and fees, but must adhere to all other regulations of federal, state and local laws:

A. Government Signs. Government signs required by law and essential for public service including: traffic signs; pavement markings; fire and police signs; signals; devices and markings erected by Federal, State, or local governments, including, but not limited to the San Mateo County, the City and the Estero Municipal Improvement District.

B. Utility Sign. Signs erected by public utility companies with the permission of the community development director which serve the public safety or welfare.

C. Interior Signs. Signs placed on the interior of a property and inside of buildings not visible from the public right of way, not including window signs.

D. Address Signs. Residential street address signs for mid and high-rise buildings greater than two (2) stories that are used for building identification. Signs may include name of occupant,

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or nonresidential street address signs, not exceeding one (1) square foot in area, which may be internally or externally illuminated.

E. Window signs. Permanent window signs painted on or otherwise adhered directly onto a window and signs that block a window in any way are subject to the following standards.

1.Location. Window signs shall not be mounted or placed on windows higher than the second story.

2.Size. Maximum forty percent (40%) of the window area.

F. Historic plaques and commemorative signs. Historic plaques, memorial signs or tablets, or commemorative signs indicating names of buildings and dates of building erection, either attached to or cut into the surface of buildings.

1.Size. Maximum four (4) square feet in area.

G. Flags. Flags erected and located in accordance with the following standards:

1.Location. Flagpoles shall not be located within any required setback.

2.Height. The maximum flagpole height is thirty (30) feet.

3.Number. No more than two (2) flags per lot in Residential Districts, no more than three (3) flags per lot in all other districts.

4.Size. The maximum individual flag size is thirty-two (32) square feet.

H. Mobile vendor signs. Signs affixed to mobile vending vehicles that identify or advertise the name, product, and/or service provided by the vendor.

I. Commercial Signs Carried by Persons/ Commercial Mascot Signs. Any sign carried and being displayed by a person, as long as it does not obstruct the use of any public right-of- way.

1.Location. Limited to Commercial and Mixed-Use Districts.

2.Number. No more than two (2) commercial mascot signs per business.

3.Size. The area of each sign held or attended by a person shall not exceed six (6) square feet.

4.Timing of Display. Commercial Mascot signs shall not be displayed during hours when the business establishment related to the specific commercial mascot sign is not open to the public.

J. Copy changes on existing legally established signs using the same materials, colors, and typeface size and style.

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K. Signs integrated into certain devices. Any sign integrated into or on a coin-operated machine, vending machine, fueling pump, or permitted sidewalk vendor receptacle.

L. Temporary commercial signs for short-term sales or leases, including, but not limited to, garage/yard sales or signs that advertise residential and commercial properties for sale, rent, or lease, shall be exempt from Section 17.59.080. These signs shall not be illuminated, shall be mounted on a post or “A” frame may be used subject to the following restrictions:

1.Location. Signs shall not be allowed on sidewalks, streets, medians, public rights- of-way, the city’s levee pedway/bikeway, or any other location where they interfere with vehicular sight distance, nor shall they be allowed to be taped, wired, glued, tied or in any way affixed to light poles, street signs, or any public property.

2.Number.
(a) One (1) such sign shall be allowed where the sale is to take place. (b) Up to four (4) additional signs, which may also exhibit directional arrows and instructions.
(c) No more than three (3) such signs shall be located on a single property.

3.No more than six (6) signs shall be located within forty (40) feet of an intersection.

4.Size. The area of each sign shall not exceed four (4) square feet.

5.Height. Temporary commercial signs for short-term sales or leases mounted on a post shall be no taller than forty (40) inches.

6.Duration of display. Temporary commercial signs shall not be displayed for more than ten (10) consecutive days and shall be removed no later than ten (10) days after the completion of the event.

M. Temporary noncommercial right-of-way signs which meet the following criteria:

1.Location. Temporary noncommercial right-of-way signs shall not be placed in any public street median, or on any bridge, public utility box, or any pole used for public utility, traffic control signs, traffic signals, or street signs. Temporary noncommercial right-of-way signs shall not be placed in any public parks or the city’s levee pedway/bikeway. Temporary noncommercial right-of-way signs shall not interfere with pedestrian or bicycle circulation on or along sidewalks, pathways, bicycle paths, or the city’s levee pedway/pedway.

With the exception of public parks and the city’s levee pedway/bikeway, temporary noncommercial right-of-way signs may be placed on public property within the first ten (10) feet back of the sidewalk or ten (10) feet from the curb, when no sidewalk is present. In addition, temporary noncommercial right-of-way signs shall not be

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placed in or along public rights-of-way in a manner that blocks views of walkways, pedestrians, or traffic control device, or creates a sight distance problem for the drivers of vehicles. No temporary noncommercial right-of-way signs shall be located within the twenty-five (25) foot sight triangle.

2.Size. Temporary noncommercial right-of-way signs shall be no larger than four (4) square feet.

3.Height. Temporary noncommercial right-of-way signs shall be no taller than forty (40) inches.

4.Duration of Display. Temporary noncommercial right-of-way signs relating to an upcoming event may be placed ninety (90) days prior to the date of the event and shall be removed no later than ten (10) days after completion of the event.

5.Other Provisions.
(a)Illumination. Temporary noncommercial right-of-way signs shall not be illuminated.
(b)Removal. Any temporary noncommercial right-of-way signs deemed to have damaged public property shall be subject to immediate removal by the city. Signs placed in violation of location requirements or otherwise placed in a manner that creates a hazardous condition shall be subject to immediate removal by the city.

N. Temporary noncommercial signs placed on private property signs which meet the following criteria:

1.Size.

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(a)Residential Districts. Temporary noncommercial signs placed on private property shall be no larger than four (4) square feet.
(b)Other Zoning Districts. Temporary noncommercial signs placed on private property shall be no larger than eight (8) square feet.

2.Height. Temporary noncommercial signs placed on private property shall be no taller than forty (40) inches.

3.Duration of Display. Temporary noncommercial signs relating to an upcoming event may be placed no earlier than ninety days prior to the date of the event and shall be removed no later than ten (10) days after the completion of the event.

4.Other Provisions.
(a)Illumination. Temporary noncommercial signs shall not be illuminated. (b)Setback. Temporary noncommercial signs shall be set back at least two (2) feet from all property lines.
(c)Owner’s Authorization. Temporary noncommercial signs may only be allowed with the owner’s consent.

17.59.070 Prohibited Signs. Except as otherwise provided in this chapter, the following signs and circumstances are prohibited:

A. “A” Frame Sign. Any sandwich board “A” frame sign or other portable sign, except those signs allowed pursuant to Section 17.59.060 or Section 17.59.080 of this chapter.

B. Animated or Moving Signs. Animated, flashing, blinking, reflecting, revolving, or other similar signs with visibly moving or rotating parts or visible mechanical movement of any kind, unless expressly permitted by another Section of this chapter. This provision does not apply to signs using digital display technology, such as LED (light emitting diodes) or functionally equivalent display methods, which are permitted, subject to the regulations of this chapter.

C. Balloons, Inflatable Signs, Streamers, Pennants, and Other Attention-Getting Devices.

Balloons, inflatable signs, streamers, pennants, and other attention-getting devices, made of light-weight fabric or similar material, designed to rotate or move with the wind, that direct, promote, or that are otherwise designed to attract attention are prohibited. Businesses that do not have a business frontage abutting a public right-of-way may apply for an administrative sign permit.

D. Banners and pennants (except as allowed by Section 17.59.070 of this chapter).

E. Billboard. Signs specifically allowed to direct attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the property on which the sign is located.

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F. Changeable Copy Signs. Except those specifically allowed by Section 17.59.060E and Section 17.59.090 of this chapter.

G. Freeway Signs. Signs facing a freeway except secondary frontage commercial business identification signs allowed pursuant to Section 17.59.090 of this chapter to advertise the sale or lease of the property or premises as provided in this chapter, or to designate the name of the owner or tenant of the premises.

H. Home Occupation Signs. Any sign indicating a home occupation.

I. Illuminated signs where:

1. Nonresidential uses are facing directly onto a contiguous residential property;

2. Externally illuminated source of light is directly visible to pedestrians or vehicular traffic;

3. Internally illuminated signs that have a directly exposed neon tube, except as allowed pursuant to Section 17.59.100 of this chapter; and

4. Any sign illumination which, in the opinion of the community development director, exhibits undue glare.

J. temp Billboards. Any sign carried, conveyed, or hauled by a vehicle for the purpose of general advertising for hire. The purpose of this prohibition is to eliminate mobile billboard advertising within the city in order to reduce traffic congestion, promote the safe movement of vehicular traffic, to reduce air pollution, and improve the aesthetic appearance of the city.

This prohibition does not apply to displays on vehicles related to the goods or services provided by the vehicle owner or operator and public transit/public carrier graphics on properly licensed buses, taxicabs, and similar vehicles for hire that legally pass through the city.

K. Roof Signs. Signs erected on roofs or above the first story of multistory buildings, except signs allowed on office buildings six or more stories in height pursuant to Section 17.59.100 of this chapter and, with planning commission approval of a sign use permit, on hotels pursuant to Section 17.59.040.

L. Searchlights, Spotlights, and Klieg Lights. Searchlights, Spotlights, and Klieg lights when used as attention-attracting devices for commercial uses.

M. Sign Affixed to Trees. Any sign nailed, tacked, or otherwise affixed to trees or other vegetation.

N. Signs for Prohibited Uses. A sign displaying a commercial message promoting a business that is a prohibited use and has not been established as a legal nonconforming use.

O. Any signs that:

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1. Emit or reflect light by means of direct fluorescence, phosphorescence or “day- glow” colors;

2. Reflect light by means of a glossy, polished, or mirrored surface;

3. Are animated or include components that flash or blink;

4. Accompanied with loudspeakers used to call attention to a product, service, or property;

5. Obstruct the visual lines of sight at corners or intersections for drivers of motor vehicles, including any signs placed within the twenty-five (25) foot sight triangle.

6. May obstruct the free use of any exit, entrance, window vent, emergency access, fire lane, or standpipe;

7. May interfere with, obstruct, confuse or mislead traffic;

8. Utilizing visible guy wires, angle irons or iron frame structures;

9. Consisting of several sheets of paper connected together by perforations, tape, staples or any other means; or

10. Placed on, affixed to, or erected on or over public property, rights-of-way, or waterways, except signs which are exempt pursuant to Section 17.59.060 of this chapter.

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P.Off premise signs which identify or advertise a product or service not available on the premises, except off-site real estate signs and construction signs allowed pursuant to Sections 17.59.080 of this chapter, and off-site freestanding signs for commercial properties without street frontages, pursuant to Section 17.59.100.

Q.With the exception of signs as provided in subsections A, B and C of Section 17.59.060, the placement of signs in any portion of a city park or the city’s levee pedway/bikeway is prohibited; signs placed in violation of this subsection are subject to immediate removal by a representative of the city authorized to do so by the city manager. If information is provided to the city or included on the sign indicating whom to contact regarding the sign, the city shall provide notice to the contact following removal of the sign.

R.Any other signs not specifically allowed by provisions of this chapter; however, nothing in this chapter shall be construed to prohibit any sign, notice or advertisement required by law.

17.59.080 Temporary Signs.

Temporary signs shall be allowed for a specific duration as stipulated in the provisions of this section or as set by the approving authority in approving the sign permit. Unless specifically exempted from sign permit by Section 17.59.060 of this chapter, all temporary signs not otherwise exempt shall require approval by the community development director and a permit.

A.Temporary window signs which are exempt pursuant to Section 17.59.060 of this chapter.

B.Real estate signs as indicated in Table 1-A and as exempt pursuant to Section 17.59.060 of this chapter.

C.Construction signs and construction trailer signs as indicated in Table 1-A.

D.Temporary noncommercial signs which are exempt pursuant to Section 17.59.060N of this chapter.

E. “A” Frame and Other Portable Sidewalk Signs for Commercial Use. Each business may display one (1) “A” frame or other portable sidewalk sign in compliance with the following standards.

1.Location. A portable sidewalk sign shall be placed only within the boundaries of the applicable business’ frontage where specifically allowed by the sign permit or encroachment permit, and shall be positioned so that it will not:
(a) Obstruct the sidewalk clearance required in compliance with the Americans with Disabilities Act (ADA);
(b) Impede any line of sight for motorists at vehicular public right-of-way intersections, as recommended by the public works director; or (c) Interfere with people exiting and entering parked cars.

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2.Number. No more than one (1) sign shall be permitted per activity or business.

3.Size. Sign width shall not exceed two (2) feet and six (6) inches. Sign height shall not exceed four (4) feet. Sign height shall be measured perpendicular from the sidewalk surface to the highest point of the sign.

4.Other Requirements.
(a) The sign shall be removed from the sidewalk at the close of business each day.
(b) The sign shall be stabilized to withstand wind gusts or shall be removed during windy conditions.
(c) In addition to the sign permit required by this chapter, an encroachment permit shall be obtained from the public works department before any sign is placed in the public right-of-way.

F. Grand Opening Signs. The sign shall be temporary, designed either as a wall sign or a window sign. The sign can be in the form of a banner.

1.Location.
(a) The sign shall be located below the roof eaves, and at no time shall any portion of the sign be higher than twenty (20) feet above ground level. (b) The sign shall not exceed the length of the store/business frontage, nor shall it block ingress/egress to any of the business entrances. (c) Grand opening signs shall be placed on the primary business frontage of the commercial or industrial business which is the subject of the sign.

2.Number. No more than one (1) sign shall be permitted per activity or business.

3.Size. One (1) banner, not illuminated and not to exceed fifty (50) square feet in area for retail commercial uses or twenty-five (25) square feet in area for office or industrial uses, shall be allowed to identify a business, its services or products, and the opening date.

4.Time of Display. Such banner shall not be displayed longer than sixty (60) days total which shall be before, during and after the opening, or for a period to be approved by the community development director.

5.Other Requirements. The community development director may require special design criteria for grand opening signs that he/she/they determines require special treatment beyond what is contained in subsections (E)(1) through (5) of this section. (a) Signs shall be kept clean and in good repair at all times that they are in use.

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G. Promotional Sales Signs. A promotional sales sign which is not otherwise exempt as a window sign pursuant to Section 17.59.060 of this chapter, may be approved for a temporary period of time, as specified under commercial and industrial uses. The sign shall be temporary, designed either as a wall sign or a window sign. The sign can be in the form of a banner.

The use of such signs is subject to the following limitations:

1.Location.
(a) Promotional sales signs shall be placed on the primary business frontage of the commercial or industrial business which is the subject of the sign. (b) The sign shall not exceed the length of the store/business frontage, nor shall it block ingress/egress to any of the business entrances.

2.Number. No more than one (1) sign shall be permitted per activity or business.

3.Size. The sign shall not exceed fifty (50) square feet, shall be located below the roof eaves, and at no time shall any portion of the sign be higher than twenty (20) feet above ground level.

4.Time of Display. Promotional sales signs shall be limited to sixty (60) days maximum per calendar year.

5.Other Requirements.
(a) The community development director may require special design criteria for promotional signs that he/she/they determines require special treatment beyond what is contained in subsections (G)(1) through (5) of this section. (b) Signs shall be kept clean and in good repair at all times that they are in use.

H. Special Events and Sales. Sidewalk or parking lot sales, carnivals, exhibits and parades.

1. Merchants, charitable or community interest organizations may be allowed such signing in any zoning district as deemed appropriate to announce, locate, identify or advertise the event and the products or services offered or exhibited.

2. The necessity for submittal of plans and specifications for any or all of the signs associated with the event shall be as determined by the community development director.

I. Recurring Events. Nothing in this chapter shall prohibit the community development director from approving sign permit applications for the use of any sign to announce, locate, identify or advertise a paper drive, school activity or event, blood drive, holiday event or similar recurring events.

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J. Urgently Needed Signs. Any signs deemed by the community development director to be urgently needed may be allowed temporarily by the community development director with the submittal of an application for sign permit for the sign, until such time as the approving authority approves or denies the sign permit application or the community development director determines that the sign is no longer urgently needed.

K. Real Estate and Construction Signs. Nothing in this section shall prohibit the community development director from approving a prototypical real estate sign to be used by a real estate company in several locations. The prototypical sign approval shall include height, text, square footage, colors, materials, and criteria for location such as setbacks from streets and corners. Notwithstanding approval of a prototypical real estate sign, the specific location of each such sign shall be approved by the community development director prior to installation.

TABLE 1-A

REAL ESTATE AND CONSTRUCTION SIGNS

CLASS & PURPOSE LAND USE
& SIZE
SIGN
AREA
(MAX)

REMARKS
Residential
any size
Four (4)
square feet

1. Removal required within sixty (60) days
of completion of construction, subject to a
permit issued prior to placement of sign.

Nonresidential
up to one (1)
acre
Sixteen (16)
square feet

1. Removal required within sixty (60) days
of completion of construction.

2. Fifteen (15) feet minimum setback.

Construction Sign:

Identify construction
or project underway
Nonresidential
more than one
(1) acre
Thirty-two
(32) square
feet

1. Removal required upon completion of
construction.

2. Fifteen (15) feet minimum setback.

Commercial
and Industrial
up to one (1)
acre
Sixteen (16)
square feet
Commercial
and Industrial
one (1) to five
(5) acres
Thirty-two
(32) square
feet
Real Estate Sign:

Identify vacant land
for sale, lease, or
development
Commercial
and Industrial
more five (5)
acres
Thirty-two
(32) square
feet

1. Removal required within sixty (60) days
of successful sale, lease, or development of
property or erection of signs allowed for
soliciting tenants.

2. Fifteen (15) feet minimum setback.

3. For Commercial and Industrial sites of
more than five (5) acres, one (1) additional
freestanding sign for each additional five
hundred (500) feet of frontage shall be
allowed.

Real Estate Sign:

Soliciting tenants in a
future project for
Commercial
and Industrial
up to one (1)
acre
Sixteen (16)
square feet

1. Removal required within sixty (60) days
of successful sale, lease, or development of
property or erection of signs allowed for
soliciting tenants.

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which plans have been
approved; or,
entire existing
developed properly for
sale or lease
Commercial
and Industrial
more than one
(1) acre
Thirty-two
(32) square
feet

2. Five (5) feet minimum setback.

Real Estate Sign:

Soliciting tenants in an
existing developed
property
Commercial
and Industrial
Sixteen (16)
square feet

1. Removal required within sixty (60) days
of successful sale, lease, or development of
property or erection of signs allowed for
soliciting tenants.

2. Five (5) feet minimum setback.

Real Estate Sign:

Offering an entire
existing developed
property for sale

Other than
commercial
and industrial
up to one (1)
acre
Sixteen (16)
square feet
Other than
commercial
and industrial
more than one
(1) acre
Thirty-two
(32) square
feet

1. Removal required upon sale of property.

Real Estate Sign:

Announce, locate,
identify, or advertise a
development of new
residences
Other than
commercial
and industrial
any size
Four (4)
square feet
Real Estate Sign:

Permanent
All uses 1. A permanent real estate sign requires a
sign permit or shall be included in a sign
program for the site.
* For residential construction signs, one (1) sign per street frontage per construction project.

L. Additional requirements:

1. Conditions of approval may be added by the approving authority.

2. All real estate and construction signs shall be freestanding unless otherwise stated in Table 1-A.

3. The maximum height for all freestanding real estate and construction signs shall be eight (8) feet.

4. No illumination is allowed.

5. All signs described on this table are subject to the approval of the community development director pursuant to Section 17.59.080.

17.59.090 Public Convenience Signs.

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Signs which in the opinion of the community development director serve the public safety or convenience, such as entrance, exit, parking, no parking, no trespassing, office, manager, street address, bulletin boards, directional signs, instructional/direction signs at recycling centers, and civic and cultural promotion signs, may be allowed in any zoning district of the city.

Such signs may be wall signs, freestanding signs or monument signs and may be of any size, number and illumination determined by the community development director to be necessary and adequate to their intended purpose.

Such signs twenty (20) square feet or less in area and not illuminated may be approved by the community development director. Signs larger than twenty (20) square feet or illuminated shall require approval by the planning commission.

17.59.100 Sign Development Standards.

A. Residential Uses.

TABLE 2-A

RESIDENTIAL USES

CLASS SIGN TYPE NUMBER SIGN
AREA
(MAX)
HEIGHT
(MAX)

REMARKS
Freestanding
Sign

1. One (1) freestanding
sign for community
identification located on
the development’s
primary frontage.

2. For developments
with frontage on more
than one public street, a
second freestanding
sign may be allowed on
the second frontage.

Twenty
(20)
square
feet
Four (4)
feet

1. Sign area is only
calculated for one (1)
side of a freestanding
sign.

2. Signs may be
internally or externally
illuminated.

Individual
Residence
Identification
One (1) street address
sign per residence.

Exempt Sign
Subdivision of
single-family
homes,
townhouses
(less than 50
units),
Condominiums
(less than 50
units)
Directional
Signs
Refer to
Section 17.59.090
Townhouses,
Condominiums,
and/or mixed-
use residential
development of
A Master Sign Program
is required and shall be
approved by the
planning commission.

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50 or more
units
Refer to
Section 17.59.120
Freestanding
Sign (Note:

Freestanding
or wall sign)
One (1) freestanding
sign per property
frontage plus one (1)
additional sign for each
additional 500 linear
feet of property
frontage.

Twenty
(20)
square
feet
Four (4)
feet
Wall Sign
(Note:

Freestanding
or wall sign)
One (1) wall sign per
frontage plus one (1)
additional sign for each
additional five hundred
(500) linear feet of
property frontage.

Twenty
(20)
square
feet

1. Sign area is only
calculated for one (1)
side of a freestanding
sign.

2. Signs may be
internally or externally
illuminated.

3. Signs shall be so
designed to temporarily
or permanently
incorporate rental
availability information

4. Rental availability
information shall be
restricted to
identification of the
manager’s or agent’s
location and/or
telephone number.

5. Rental or lease terms,
apartment sizes and
description of amenities
shall not be included.

Directional
Signs
Refer to
Section 17.59.090
Apartments,
Senior Living
Individual
Residence
Identification
One (1) street address
sign per residence.

Exempt Sign
B. Commercial Uses.

TABLE 3-A

COMMERCIAL USES

CLASS SIGN TYPE NUMBER SIGN AREA
(MAX)
HEIGHT
(MAX)

REMARKS
Commercial
Centers less
than 5 acres
Freestanding
identification
Sign -
One (1)
freestanding
sign.

Ten (10) square
feet per acre for
Sixteen
(16) feet

1. Signs shall be
restricted to identification

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Commercial
Center
sign identification
of the center.
of the name and address
of the center.

2. Signs may be
internally or externally
illuminated.

Freestanding
identification
Sign –
Tenant
identification
One (1)
freestanding
identification
sign.

Ten (10) square
feet per acre for
sign identification
of the tenants.

Sixteen
(16) feet

1. Signs shall be
restricted to the
identification of the name
and address of the tenant.

2. Signs may be
internally or externally
illuminated.

One (1) wall
sign on the
primary
business
frontage; and,
Sign area shall be
one-half square
foot per linear foot
of business
frontage or Twenty
(20) square feet,
whichever is
greater. No sign
shall exceed fifty
(50) square feet or
fifteen percent (15
%) of the
building’s face,
whichever is
greater.

Wall Sign –
Tenant
identification
One (1)
additional
sign on the
secondary
business
frontage.

Secondary
business frontage
identification sign
shall not exceed
fifty percent (50%)
of that allowed for
the primary
business frontage
sign.

Signs may be internally
or externally illuminated.

Awning and
canopy Signs
– Tenant
identification
One (1) for
each
establishment
having
entrance
under or
offering
service under
Five (5) square
feet
14 feet with
min.
clearance of
8 feet

1. Awning shall not be
illuminated.

2. Canopy signs may be
internally or externally
illuminated.

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the awning or
canopy.

Projecting
Signs –
Tenant
identification
One (1) for
each building
frontage or
tenant space.

Five (5) square
feet
14 feet with
min.
clearance of
8 feet

1. A projecting sign
cannot extend more than
four (4) feet from the
building to which it is
attached and must be
designed and located so
as to cause no harm to
street trees.

2. Signs projecting into
the public right-of-way
are subject to an
encroachment permit.

3. A Projecting sign
cannot extend further
than the outer edge of the
marquee, covered
walkway, canopy, or
awning from which it is
attached.

4. Projecting signs shall
not be illuminated.

Window
Signs –
Tenant
identification
Window sign
exempt
pursuant to
Section

17.59.060 and
one (1)
illuminated
window sign.

Sign area for
window signs shall
be the aggregate
square footage of
all window signs,
temporary and
permanent,
illuminated and
non-illuminated,
displayed in or
behind a window,
and shall not
exceed forty
percent (40%) of
the surface area of
the window.

1. Illuminated window
signs shall not include
signs with directly
exposed neon tubing.

2. The message on
approved illuminated
changeable copy window
signage may be changed
as frequently as the
owner desires.

3. The total amount of all
illuminated window
signage allowed shall be
limited to ten percent
(10%) of the aggregate
total glass surface area of
the storefront elevation
on which it is placed but
shall not exceed three (3)
square feet and shall be

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limited to one (1)
approved sign per store.

4. Neon signs more than
ten (10) feet from a
window which are visible
from outside the window
shall be subject to a sign
permit approved by the
planning commission.

Directional
Signs
Refer to
Section 17.59.090
Commercial
Centers 5 acre
and larger –
A Master Sign Program
is required and shall be
approved by the planning
commission. Refer to
Section 17.59.120.

Freestanding
Sign (in lieu
of wall sign)
Sign area shall not
exceed twenty-
four (24) square
feet in area.

Six (6) feet *freestanding or wall
sign
One (1) wall
sign on the
primary
business
frontage; and,

1. Sign area shall
be one-half square
foot per linear foot
of business
frontage or Twenty
(20) square feet,
whichever is
greater.

2. No sign shall
exceed fifty (50)
square feet or
fifteen percent
(15%) of the
building’s face,
whichever is
greater.

Sign may be internally or
externally illuminated.

Single
commercial
businesses not
located in a
commercial
center* Wall Sign
One (1)
additional
sign on the
secondary
business
frontage.

Secondary
business frontage
identification sign
shall not exceed
fifty percent (50%)
of that allowed for
the primary
Sign may be internally or
externally illuminated.

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business frontage
sign.

Awning and
canopy Signs
One (1) for
each
establishment
having
entrance
under or
offering
service under
the awning or
canopy.

Five (5) square
feet
Fourteen
(14) feet
with min.
clearance of
eight (8)
feet

1. Awning shall not be
illuminated.

2. Canopy signs may be
internally or externally
illuminated.

Projecting
Signs
One (1) for
each building
frontage or
tenant space.

Five (5) square
feet
Fourteen
(14) feet
with min.
clearance of
eight (8)
feet

1. A projecting sign
cannot extend more than
four (4) feet from the
building to which it is
attached and must be
designed and located so
as to cause no harm to
street trees.

2. Signs projecting into
the public right-of-way
are subject to an
encroachment permit.

3. A Projecting sign
cannot extend further
than the outer edge of the
marquee, covered
walkway, canopy, or
awning from which it is
attached.

4. Projecting signs shall
not be illuminated.

Directional
Signs
Refer to
Section 17.59.090
C. Office Uses.

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TABLE 4-A

OFFICE USES

CLASS SIGN TYPE NUMBER SIGN
AREA
(MAX)
HEIGHT
(MAX)

REMARKS
Freestanding
identification
Sign - Office
Center
One (1)
freestanding
sign.

Ten (10)
square
feet per
acre
Four (4)
feet

1. Signs shall be restricted to
identification of the name and
address of the center.

2. Signs may be internally or
externally illuminated.

One (1) wall
sign on the
primary
business
frontage, and
One-half
square
foot per
linear foot
of
business
frontage
or
Twenty-
five (25)
square
feet,
whichever
is less.

Eight (8)
feet
Sign may be internally or externally
illuminated.

Office
Centers less
than 5 acres
Wall Sign -
Building or
Major Tenant
Identification
One (1)
additional
sign on the
secondary
business
frontage.

Secondary
business
frontage
identificati
on sign
shall not
exceed
fifty
percent
(50%) of
that
allowed
for the
primary
business
frontage
sign.

Sign may be internally or externally
illuminated.

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Office
Center -
Remaining
Tenant
Identification
Freestanding
identification
Sign or wall
sign or
Awning and
canopy Sign
Projecting
Sign
One (1) wall
sign shall be
allowed to
be located
on the
primary
business
frontage of
each
building, to
identify the
remaining
tenants.

1. The remaining tenants shall be
identified in aggregate; their
identities being incorporated onto a
common freestanding or wall sign
except that tenants in an office
center may be allowed individual
identification signs where deemed
appropriate.

2. When individual tenant
identification signs are allowed, the
sign area of each such sign shall not
exceed one-eighth (1/8) square foot
of sign area for each one (1) linear
foot of business frontage or ten (10)
square feet, whichever is less.

3. A sign aggregating the
identifications of the various
tenants may be designed to use
identically designed, replaceable
nameplates for the various tenants,
so that the nameplates may be
easily removed or rearranged. The
removal, rearrangement, or
replacement of the nameplates shall
not require review or approval.

4. Identification signs of remaining
tenants may be externally
illuminated.

Office
buildings
four stories
or more in
height
On office buildings four (4) stories
or more in height, additional wall
identification signs may be allowed,
pursuant to a sign use permit,
subject to the following:

1. Wall identification signs shall be
located on the affected wall surface
as defined in Section 17.59.030.

2. Wall identification signs shall be
limited to federally registered
corporate logos.

3. For office buildings four (4) or
five (5) stories in height, one (1)
additional nonilluminated wall
identification sign may be allowed.

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4. For office buildings of six (6)
stories or more, two (2) additional
wall identification signs may be
allowed. Only one (1) wall
identification sign in addition to
any identification sign(s) approved
pursuant to subsections of this
section shall be allowed per
building elevation. If two (2) wall
identification signs are permitted,
they shall be located on opposite
corners of their respective
elevations or at least fifty (50) feet
apart on their respective elevations
and the two (2) permitted wall
identification signs may display the
same or two (2) different federally
registered corporate logos.

5. Wall identification signage must
be proportionate to the wall size,
shall not be placed or located
within seventy-five (75) feet of a
residential zoning district measured
both horizontally and vertically and
may have halo lighting only.

6. Wall identification signs shall be
in balance in both dimension and
placement within the affected wall
surface area and shall not exceed
twelve percent (12%) of the total
square footage of the affected wall
surface area.

Office
buildings not
a part of an
office center
Freestanding
Sign in lieu
of wall sign
One (1)
freestanding
sign.

Six (6)
feet
Freestanding sign may be
externally illuminated.

Directional
Signs
Refer to Section 17.59.090
Office
Center larger
than 5 acres
A Master Sign Program is required
and shall be approved by the
planning commission. Refer to
Section 17.59.120.

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D. Industrial Uses.

TABLE 5-A

INDUSTRIAL USES

CLASS SIGN TYPE NUMBER SIGN AREA
(MAX)
HEIGHT
(MAX)

REMARKS
Freestanding
identification
Sign –
Industrial
Center
Identification
One (1)
freestanding
identification
sign.

Ten (10) square feet
of sign area per acre,
but no such sign
shall exceed fifty
(50) square feet in
area
Four (4) feet Unless otherwise
approved by a sign
request use permit, such
signs shall be restricted
to identification of the
name and address of the
center and may be
externally illuminated.

Wall Sign –
used to
identify
Building or
Major Tenant
One (1) wall
sign on the
primary
business
frontage of
each building;
and,
One-quarter square
foot of sign area for
each one (1) linear
foot of business
frontage or twenty-
five (25) square feet,
whichever is less.

Industrial
Center less
than 5 acres
One (1)
additional
sign on the
secondary
business
frontage.

Secondary business
frontage
identification sign
shall not exceed fifty
percent (50%) of
that allowed for the
primary business
frontage sign.

Signs may be internally
or externally
illuminated.

Industrial
Building –
Remaining
Tenant
Identification
Freestanding
Identification
or Wall sign
One (1)
freestanding
Identification
or Wall sign.

One-eighth square
foot of sign area for
each one (1) linear
foot of business
frontage or ten (10)
square feet,
whichever is less.

Identification signs of
remaining tenants may
be internally or
externally illuminated if
a wall sign, or externally
illuminated if a
freestanding sign.

Industrial
Buildings not
part of an
Freestanding
Identification
or Wall sign
One (1)
freestanding
One-eighth square
foot of sign area for
each one (1) linear
Four (4) feet
for
freestanding
Identification signs may
be internally or
externally illuminated if

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Industrial
Center
Identification
or Wall sign.
foot of business
frontage or ten (10)
square feet,
whichever is less.
identification
sign
a wall sign, or externally
illuminated if a
freestanding sign.

Directional
Signs
Refer to
Section 17.59.090.

Industrial
Center larger
than 5 acres
A Master Sign Program
is required and shall be
approved by the
planning commission.

Refer to
Section 17.59.120.

E. Quasi-Public Uses.

TABLE 6-A

QUASI-PUBLIC USES

CLASS SIGN
TYPE

NUMBER SIGN AREA
(MAX)
HEIGHT
(MAX)

REMARKS
Religious institutions,
private schools,
hospitals, and other
uses of a quasi-public
nature
A Sign Master Program
is required and shall be
approved by the
planning commission.

Refer to
Section 17.59.120.

F. Monument Sign. A monument sign as defined in Section 17.59.030, shall require a landscape planter around the base of the sign, containing shrubs and/or groundcover and flowering annual and/or perennial flowers. The design of the landscaping shall be such that natural growth will not obscure the sign from the public right-of-way.

G.Sign illumination shall be as defined in Section 17.59.030 Definitions, and shall comply with the provisions of Section 17.59.060.

H.No sign shall be illuminated except where expressly allowed in the provisions of this chapter.

17.59.110 Signs for Specific Use.

A. Gasoline Service Station Signs.

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TABLE 7-A

GASOLINE SERVICE STATIONS

CLASS SIGN TYPE NUMBER SIGN AREA
(MAX)
HEIGHT
(MAX)

REMARKS
Freestanding
Identification
Sign
One (1)
freestanding
sign
Twenty-five
(25) square feet
Eight (8)
feet
Sign may be internally or
externally illuminated.

Wall Signs One (1) wall
sign per
property
frontage
Ten (10) square
feet per sign
Sign may be internally or
externally illuminated.

Price Signs One (1)
freestanding
price sign per
property
frontage
Twenty (20)
square feet
Eight (8)
feet

1. Signs shall be allowed to
indicate the prices and types of
gasoline for sale. This information
shall not be repeated on the same
frontage.

2. Such signs may be designed to
use replaceable, interchangeable
numerals and the replacement or
rearrangement of the numerals
shall not require review or
approval.

3. Signs may be internally or
externally illuminated.

Window signs exempt pursuant to
Section 17.59.060
Gas
Service
Station
Window
Signs
One (1)
illuminated
window sign
per store
Ten percent
(10%) of the
aggregate total
glass surface
area of the store
or three-square
feet, whichever
is less

1. Illuminated window signs shall
not include signs with directly
exposed neon tubing.

2. The message on approved
illuminated changeable copy
window signage may be changed
as frequently as the owner desires.

17.59.120 Master Sign Program.

A. Purpose. The purpose of a Master Sign Program is to encourage creativity and provide incentives to comprehensively integrate signage into a development, as well as with the design of the structures, to achieve a unified architectural statement. Any alternative

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regulation and design standard approved through a Master Sign Program, may supersede the provisions of this chapter.

B. Applicability. A Master Sign Program is available for all properties and uses. For the following uses, a Master Sign Program is required:

1. Townhomes, Condominiums, and/or mixed-use residential developments of fifty (50) or more units.

2. Retail/Shopping Centers with five (5) or more tenants.

3. Commercial Centers of five (5) or more acres in size.

4. Commercial or Industrial Uses with lot size five (5) or more acres.

5. Religious institutions, private schools, hospitals, and other uses of a quasi-public nature.

C. Review Authority. All Master Sign Programs are subject to review and approval of the Review Authority for the project with which the signs are associated. Master Sign Program applications may be submitted separately or as part of the permit application for the project.

1. The Planning Commission shall be the Review Authority for any new Master Sign Program application, application requesting additional sign area, additional height, or an increase in the number of signs otherwise allowed by this chapter.

2. The community development director shall be the Review Authority for any minor modifications to the existing Master Sign program and may, at his or her discretion, refer to the Planning Commission for a decision rather than acting on it himself, herself, or theirself.

D. Application Requirements. An application for Master Sign Permit shall be accompanied by required fee and working drawings adequate to show:

1. Site plan showing:
(a) Location of building(s) and proposed signs (including tenant space location).

2. Detailed elevation of sign(s) both new and existing, showing:
(a) Dimensions of sign;
(b) Sign Area;
(c) Color;
(d) Size and letter style of sign copy;
(e) Size and style of proposed logo;

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(f) Sign materials; and,
(g) Method of illumination.

3. Schematic building elevation showing:
(a) Dimensions of building frontage; and,
(b) Exact location of existing and proposed signage (photographs or other depictions may be submitted for sign copy changes).

4. Installation detail showing cross section through the sign and specifications of hardware and materials.

5. A statement explaining how revisions/modifications/replacement of tenant signs will be carried out to limit the possibility of holes being left in the structure's exterior by mounting brackets, electrical connections, or similar items.

6. A statement of how the use of temporary signs, including banners, flags, pennants, and similar advertising devices will be monitored by the property owner/lessor to ensure compliance with the requirements of this chapter. Failure of the property owner/lessor to adequately monitor and control the use of temporary signs shall be grounds for revocation of the Sign permit.

E. Lessees shall be Informed of a Master Sign Program. Lessees within developments subject to the requirements of an approved Master Sign Program shall be made aware of the program in their lease and their responsibility to follow the approved Master Sign Program.

F. Findings. In approving an application for a Master Sign Program, the Planning Commission shall make the following findings:

1. The Master Sign Program is consistent with the Foster City general plan and Title 17, Zoning, and Chapter 17.06, Administration, Construction and Enforcement, of the Foster City Municipal Code.

2. The Master Sign Program complies with the standards of this Chapter 17.59, except that flexibility is allowed with regard to sign area, number of signs, location, and/or height.

3. Future tenants will be provided with adequate opportunities to construct, erect, or maintain a sign for identification; and

4. Directional signage and building addressing is adequate for pedestrian and vehicular circulation and emergency vehicle access.

17.59.130 Construction and Maintenance.

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A.Construction-installation. All permanent and temporary signs shall be constructed and installed in a manner consistent with industry standards.

B.Maintenance. Every sign, including but not limited to those signs for which permits are required, shall be maintained in a safe, presentable, and good structural condition at all times, including replacement of defective parts, painting, cleaning and other acts required to maintain the sign, advertising structure, canopy or awning in its originally permitted and installed condition in accordance with the following criteria and with the other applicable provisions of city regulations:

1. Paint. To prevent rust, peeling, flaking, fading, or rotting, the permittee of any sign or advertising structure shall, as required, paint all parts and supports thereof unless the same are galvanized or otherwise treated.

2. Repairs. Broken panels, missing letters, defective illumination, torn fabric, flaking or peeling paint and other damage to a sign, advertising structure, awning, canopy, or support structure shall be repaired.

3. Clean and Sanitary. All signs or advertising structures and the area surrounding same shall be maintained by the owner thereof in a clean, sanitary, and inoffensive condition, and free and clear of all debris, rubbish and obnoxious substances, and any related planted area or landscaping shall be kept trimmed and in a healthy condition.

4. Vacancies. Any sign which advertises a business, commodity, service, entertainment, activity, or event which has been discontinued, or is located on property which has been vacant and unoccupied shall be removed; provided, however, that a blank face (containing no sign graphics) may be substituted.

17.59.140 Enforcement.

A. Nonconforming Signs. Every sign in existence on the effective date of this chapter, and for which a sign permit was granted pursuant to prior enactments, or which did not require a sign permit at the time it was erected, and which does not conform to the provisions of this chapter, is a legal nonconforming sign. A legal nonconforming sign must be removed or brought into conformance with the provisions of this chapter if such sign meets any of the following criteria:

1. The sign’s use has ceased, or the structure upon which the sign has been erected or which the sign identifies has been abandoned by its owner, for a period of ninety (90) days or more.

2. The sign has been more than fifty percent (50%) destroyed, and the destruction is other than facial sign copy replacement, and the sign cannot be repaired within thirty (30) days of the date of its destruction.

3. The sign is remodeled or otherwise altered, and such remodeling or alteration is other than solely a change in sign copy.

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4. The sign is affected by expansion, enlargement, or remodeling of the building or land use upon which the sign is located.

5. The sign is relocated.

6. The sign is temporary.

7. The sign is or may become a danger to the public or is unsafe as determined by the community development director.

8. The sign constitutes a traffic hazard not created by relocation of streets or highways or by acts of the city, state or federal government.

B. Illegal Signs.

1. The following signs shall be considered illegal:
(a) Signs in existence on the effective date of this chapter and which are considered nonconforming, and whose abatement period pursuant to such ordinance has expired.
(b) Signs which were not in conformance with the sign regulations in effect at the time they were erected.
(c) Signs which are unsafe or insecure, or are a menace to the public, or are being maintained in violation of the provisions of this chapter.

2. Illegal signs shall be removed or altered to conform to the provisions of this chapter by the owner, agent or person having beneficial use of the same or of the building, structure, or land upon which such sign may be found, as directed by the community development director or his/her/their designated representative. Illegal signs may be removed by the property owner, or in the case of illegal signs on public property, may be removed by the community development director or his/her/their designated representative.

C. Violations. Any person who violates any provision, or fails to comply with any of the requirements of this chapter, is guilty of an infraction, punishable by:

1. A fine not exceeding one hundred dollars ($100) for a first violation;

2. A fine not exceeding two hundred dollars ($200) for a second violation of the same provision within one (1) year; and,

3. A fine not exceeding five hundred dollars ($500) for a third or subsequent violation of the same provision within one (1) year.

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4. For purposes of this section each day in which an illegal condition continues is a single violation and each subsequent day such illegal condition continues is a new and separate offense.

D. Violations Constitute Public Nuisance. In addition to the penalties otherwise provided in this chapter, any violation of this chapter is a public nuisance. The city attorney, upon order of the city council, shall commence the necessary action or proceedings for the abatement, removal, and enjoinment thereof in the manner prescribed by law in the courts which may have jurisdiction to grant such relief as will accomplish such abatement and restraint. The remedies provided for in this section shall be in addition to any other remedy or remedies or penalties provided in this title or other law or ordinance.

E. Duties. It shall be the duty of the community development director or his/her/their designated representative to enforce this chapter. A sign erected upon public property in violation of the provisions of this chapter may be removed by the community development director or his/her/their designated representative. It is unlawful for any person not authorized by the community development director to remove signs from public property.

The cost of the removal or alteration of any sign and any expense incident thereto, which by the terms of this section shall be paid by a permittee, sign owner, property owner or any other persons, shall become a debt owning the city for the collection of which the city may maintain civil action in its name. The community development director or his/her/their designated representative may summarily and without notice cause the removal of any sign which is an immediate peril to person or property.

6.3 Attachment 1 - Ordinance and Exhibit A

65 ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING VARIOUS SECTIONS OF CHAPTERS 12.08, 12.12, 12.16 AND 12.36 WITHIN TITLE 12, “PUBLIC PROPERTY” MAKING REVISIONS TO AUTHORIZE ADMINISTRATIVE CITATIONS TO

BE ISSUED FOR VIOLATIONS AND OTHER ADMINISTRATIVE CHANGES TO

RESERVATION PROCESS AND USE OF PARKS AND ADDING A NEW CHAPTER

12.44, “SIDEWALK VENDING PROGRAM” TO ESTABLISH LOCATIONS AND

REGULATIONS APPLICABLE TO SIDEWALK VENDORS

CITY OF FOSTER CITY
The City Council of the City of Foster City does ORDAIN as follows:

SECTION 1. Sections 12.08.010, 12.08.040, 12.08.060, 12.08.070 and 12.08.080 of Chapter 12.08, “Definitions” within Title 12, “Public Property” of the Foster City Municipal Code is hereby repealed and replaced to read in its entirety and section 12.08.090 is added to read as follows:
“12.08.010 Definitions generally.

The words and phrases set forth in Sections 12.08.020 through 12.08.090 whenever used in Chapters 12.04 through 12.36 shall be construed as defined in this chapter.

12.08.040 Director of parks and recreation.
“Director of parks and recreation” refers to the managing director of the department of parks and recreation or their designee.”

12.08.060 Motorized Food Truck.
“Motorized Food Truck” means any motorized vehicle from which food or food products are sold, offered for sale, displayed, bartered, exchanged, or otherwise given.

12.08.070 Parks.
“Parks” includes all grounds, roadways, avenues, parks, waterways, beaches and dikes under the supervision of the department of parks and recreation.

12.08.080 Permit.
“Permit” means a permit for exclusive use of parks or buildings as provided for and defined in Chapters 12.04 through 12.36.

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12.08.090 Persons.
“Persons” includes persons, associations, partnerships, firms or corporations.” All other sections within Chapter 12.08 not specifically amended herein shall remain unchanged.

SECTION 2. Sections 12.12.050 and 12.12.060 of Chapter 12.12, “Administration and Enforcement” within Title 12, “Public Property” of the Foster City Municipal Code are hereby repealed and replaced to read in their entirety as follows:
“12.12.050 Enforcement.

The director and chief of police, or their authorized representative, including any designated city code enforcement officer or safety officer, shall diligently enforce the provisions of Chapters 12.04 through 12.36, and shall have the authority to eject from any park or community building any person acting in violation of these rules and regulations in this Title; further, the Chief of Police, or their authorized representative, or any designated city code enforcement officer or safety officer shall have the authority to issue administrative citations pursuant to section

1.08.060, deny use of parks or community buildings, eject persons, and close parks and recreation buildings to individuals or groups who refuse to comply with these rules and regulations.

12.12.060 Violation—Penalty.

All persons entering parks or community buildings shall abide by the rules and regulations of the City, as provided in Chapters 12.04 through 12.36, and the instructions and directions of duly authorized employees of the City.

Any person violating, or any person, firm or corporation causing or permitting to be violated, any provision of Chapters 12.04 through 12.36 is guilty of a misdemeanor and upon conviction thereof is punishable by a fine not to exceed one hundred dollars or by imprisonment in the county jail for not to exceed one month, or both.

Violations of Chapters 12.04 and 12.36 may also be subject to an administrative citation pursuant to section 1.08.060 and additionally shall be subject to any applicable federal, state, county or municipal statutes and the penalties imposed therein.”
All other sections within Chapter 12.12 not specifically amended herein shall remain unchanged.

SECTION 3. Sections 12.16.170 and 12.16.180 of Chapter 12.16, “Park Use” within Title 12, “Public Property” of the Foster City Municipal Code are hereby repealed and replaced to read in their entirety as follows:

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“12.16.170 Permit—Decision appeal.

A request for use permit may be rejected without cause by the Director. Any applicant who does not agree with the determination of the Director or an applicant who does not agree with the classification given or service charge assessed shall have the right of appeal to the City Council pursuant to Section 12.12.010. The decision of the City Council shall be final.

12.16.180 Reservations.

A. Reservations for community parks use pursuant to Classifications C, D, E and F in Section 12.16.090 may be superseded at any time by uses pursuant to Classifications A and B in Section 12.16.090, unless otherwise determined by the Director.

B. Reservations for community parks use pursuant to Classifications D, E and F may be superseded by uses pursuant to Classification C provided that the C-use permit is issued at least thirty days prior to the reserved use, unless otherwise determined by the Director.

C. The Director may exercise their discretion to utilize a different priority for the Classifications identified in Section 12.16.090 when necessary to ensure that community park use is available to all Classifications in an equitable manner.” All other sections within Chapter 12.16 not specifically amended herein shall remain unchanged.

SECTION 4. Sections 12.36.010, 12.36.020 and 12.36.030 of Chapter 12.36, “General Park and Building Rules and Regulations” within Title 12, “Public Property” of the Foster City Municipal Code are hereby repealed and replaced to read in their entirety as follows; and a new Section 12.36.190, “Enforcement” and Section 12.36.200, “Other Rules” is hereby added to Chapter 12.36, “General Park and Building Rules and Regulations” within Title 12, “Public Property” of the Foster City Municipal Code to read as follows:
“12.36.010 Transaction of Business.

Any person carrying on or transacting any business in the park shall comply with the business license and tax requirements of Article I of Title 5 of this Code.

12.36.020 Sidewalk Vending and Motorized Food Truck.

A. A sidewalk vendor, as that term is defined in Chapter 12.44, may operate in parks in accordance with the provisions of Chapter 12.44 of this Code.

B. Any Motorized Food Truck may operate on park grounds in a specified location or in a designated parking area for special events as authorized by the Director.

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12.36.030 Posting of Handbills, Circulars, Pamphlets, Papers and Advertisements.

It is unlawful for any person to post or affix handbills, circulars, pamphlets, papers, advertisements to any tree, fence or structure in any park or community building without the expressed written consent of the Director.
[…]

12.36.190. Enforcement.

Enforcement of this Chapter shall be in accordance with Chapter 12.12.

12.36.200. Other Rules.

The Director may from time to time adopt other rules as necessary for the safe and efficient use of parks and buildings. These rules shall be made available to the public through the City’s Parks and Recreation website and/or posted in a public place.”
All other sections within Chapter 12.36 not specifically amended herein shall remain unchanged.

SECTION 5. A new Chapter 12.44, “Sidewalk Vending Program” shall be added to Title 12, “Public Property” to read as follows:
“Chapter 12.44. - Sidewalk Vending Program

12.44.010. Definitions. For the purposes of this chapter, the following definitions shall apply:
“Administrator” means the Community Development Director or designee, or any other City officer charged with administration of the provisions of this Chapter. “Business license” means the business license issued by the City pursuant to Chapter 5.12 of this Code, which is required to conduct business in the City. “Cart” means any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, and includes a stationary cart or a roaming cart.
“California Retail Food Code” means Part 7 of Division 104 of the California Health and Safety Code (commencing at Section 113700).

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“County health permit” means any and all licenses, permits, certifications, and courses required and issued by San Mateo County Environmental Health Services Division to vend food within the City in accordance with this chapter. “Food” means any type of edible substance or beverage.
“Goods” or “merchandise” means any item that is not food. “Health Department” means the San Mateo County Environmental Health Services Division.
“Person” or “persons” means one or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs or organizations composed of two (2) or more individuals (or the manager, lessee, agent, servant, officer or employee of any of them), whether engaged in business, nonprofit or any other activity.
“Roaming vending cart” means a pushcart, pedal-driven cart, wagon, or other non- motorized conveyance used by a roaming sidewalk vendor, to be moved from place to place, and with stops only to complete a transaction. “Roaming sidewalk vendor” has the same meaning as set forth in Government Code section 51036(b), and includes a sidewalk vendor who moves from place to place and stops only to complete a transaction.
“Rules and regulations” means the rules and regulations established by the Administrator and adopted by City Council resolution, concerning the sidewalk vending program that are intended to clarify and aid in the administration and enforcement of this chapter.

Sidewalk means any paved surface in the public right-of-way provided for the use of pedestrians and includes pedestrian paths.

Sidewalk vending means the sale of food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.

Sidewalk vending program means the program established by this Chapter that is applicable to sidewalk vending-related activities.

Sidewalk vendor has the same meaning as set forth in Government Code section 51036(a), and includes a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.

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“State seller's permit” means a permit issued by the California Department of Tax and Fee Administration.
“Stationary vending cart” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, that is intended to be operated from a fixed location by a stationary sidewalk vendor. “Stationary sidewalk vendor” has the same meaning as set forth in Government Code section 51036(c), and includes a sidewalk vendor who vends from a fixed location.
“Vending permit” means a permit issued by the Administrator to undertake sidewalk vending within the City in accordance with this Chapter.

12.44.020. Purpose.

The purpose of this Chapter is to establish a sidewalk vending program within the city while maintaining objective regulations that are directly related to public health, safety, and welfare. This Chapter does not regulate commercial activity on private property.

12.44.030. Vending Permit Required.

No sidewalk vendor may undertake sidewalk vending within the City without first obtaining a vending permit issued by the Administrator. Sidewalk vendors must comply with the terms and conditions set forth in the vending permit.

12.44.040. Application Requirements.

A. To obtain or to renew a vending permit, a sidewalk vendor must provide the following as part of the application:

1. Valid identification, such as a State of California driver's license or identification number, an individual taxpayer identification number, or any other government-issued identification card.

2. The name, address and telephone number of the sidewalk vendor.

3. Proposed hours and days of operation.

4. Whether the sidewalk vendor intends to operate a stationary vending cart or a roaming vending cart.

5. Proposed location of operation.

6. The type of merchandise or food offered for sale or exchange.

7. Proof of a valid business license issued pursuant to Article I, Title 5.

8. The application or renewal fee, in an amount established by resolution of the City Council.

9. A valid state seller's permit and any additional licenses from state or local agencies to the extent required by law.

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10. A county health permit for food-related vending, if applicable.

11. A certificate of completion of a food handler course, if applicable.

12. If a cart will be used, a description of the cart including dimensions.

13. A declaration that the information provided to the city is true and correct.

14. Any other information as may be required by the Administrator.

12.44.050. Issuance and Renewal of Vending Permits.

A. A vending permit shall be valid for a period of one (1) year from the date of issuance and shall be renewed annually.

B. Vending permits are not transferable.

C. A person whose vending permit is revoked may not renew their vending permit for one year.

D. In accordance with Government Code section 51038(c)(4), identification numbers, including social security numbers, will be confidential and will not be disclosed.

E. The Administrator may impose conditions of permit issuance as may be necessary to ensure the public health and safety, including but not limited to, requiring an inspection of the cart by the Health Department as a condition of permit issuance.

F. If there is any prior history of violations under this chapter, the Administrator may review any such violations in its review of renewal requests and consider those violations when imposing conditions on a renewal permit.

12.44.060 General Operational Requirements.

A. Every cart used to vend food must be approved by the Health Department. A cart may only vend the types of food that are listed and approved by the Health Department under the County health permit.

B. A cart used for sidewalk vending must obtain, possess, and prominently display a valid vending permit and all other required permits that are issued by other public agencies, such as a county health permit.

C. A cart used for sidewalk vending must be placed and used at all times in compliance with the terms and conditions of the vending permit and all other applicable laws and regulations, including the California Retail Food Code if food is sold.

D. No cart that is used for sidewalk vending may exceed a length of seventy-two (72") inches, a width of fifty-four (54") inches, or a height, including roof or awning, of seventy-eight (78") inches, exclusive of a separate condiment table no larger

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than forty-eight (48") inches long and twenty-four (24") inches wide and a trash receptacle no larger than twenty (20) gallons in capacity.

E. A sidewalk vendor must operate according to the approved hours of operation included in the vending permit. The Administrator may impose reasonable hours of operation for sidewalk vendors. For sidewalk vending in nonresidential areas, the Administrator may limit the hours of operation in a manner consistent with other businesses or uses on the same street(s) in those nonresidential areas.

F. No vending cart, condiment table or trash receptacle may be left on the sidewalk after the sidewalk vendor's stated closing time.

G. A sidewalk vendor must maintain a clean and trash-free 20-foot radius from the sidewalk vendor's stationary cart during hours of operation and must leave the area clean by the approved closing time.

H. Sidewalk vendors that vend food items must provide a trash receptacle for customers and must ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash without resorting to existing trash receptacles located on any block for use by the general public.

I. A stationary vending cart that vends food must be operated within two hundred (200') feet of an approved and readily available toilet and handwashing facility. If the toilet and handwashing facility is located on private property, the sidewalk vendor must possess a copy of an enforceable contract between the private property owner and the sidewalk vendor allowing the vendor to utilize such facilities, including the days and hours of operation.

J. Sidewalk vendors must comply with all applicable federal, state, and local laws, regulations, and ordinances.

K. No signs that are not attached to the vending cart may be used or displayed.

L. Sidewalk vendors may not set up tables, chairs, or other structures, unless otherwise approved by the City.

M. Sidewalk vendors may not access a city power source without authorization from the city, nor a private power source without authorization from such private property owner or agent.

N. No sidewalk vendor or vending cart may use any device that produces a loud noise, nor may the vendor use or operate any loud speaker, public address system, radio, sound amplifier, or other similar device.

O. Vending of services is prohibited.

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P. Sidewalk vendors shall not vend, set up a vending cart, or otherwise operate, within any marked parking space or stall in any public parking lot, as may be designated with paint or other markings to indicate where parking is permitted.

Q. The City may request a sidewalk vendor remove any cart that is in violation of this chapter. If the sidewalk vendor refuses to remove the cart, or if a cart has been abandoned, the City may cause the cart to be removed and may, after adequate notice, subsequently dispose of the cart (including any associated merchandise and food) if not claimed by the vendor in accordance with the rules and regulations.

If the City removes a cart, the City shall not be responsible for maintaining any perishable food products,

12.44.070 Vending in Residential Areas.

A. No stationary vending cart may be used to vend within a residential zoned area.

B. A roaming sidewalk vendor may use a roaming vending cart within a residential zone, and must move continuously except when necessary to complete a sale.

12.44.080 Prohibitions on Placement of Stationary or Roaming Carts.

A. No sidewalk vendor may place or leave any vending cart:

1. Within ten (10') feet of a marked crosswalk or ADA access ramp.

2. Within ten (10') feet of the curb return of an unmarked crosswalk.

3. Within five (5') feet of any fire hydrant.

4. Within five (5') feet ahead and forty-five (45') feet to the rear of a sign designating a bus stop.

5. Within ten (10') feet of a bench or shelter used for public transit.

6. Within five (5') feet of a driveway or driveway apron.

7. Within eighteen (18") inches from the edge of the curb.

8. Within five (5') feet of a public bench.

9. Where placement impedes the flow of vehicular traffic such as on public streets or public highways.

B. No vending cart may be chained or fastened to any utility pole, sign, tree, or other object in the public right-of-way or left unattended at any time.

C. No vending cart may impede the flow of pedestrian traffic by reducing the path of travel to less than four (4') feet, or impede access to or restrict the use of abutting property, including, but not limited to, residences and places of business, in accordance with the Americans with Disabilities Act (ADA).

D. No person shall vend from a human-powered or non-motorized conveyance, such as a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or from one's person, on any roadway (as defined by Vehicle Code section 530) in the City.

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E. Notwithstanding any specific regulations in this chapter, no sidewalk vendor may install, use or maintain a vending cart where placement endangers the safety of persons or property.

12.44.080 Sidewalk Vending Prohibited Near Special Events and Other Vendors or Authorized Concessionaires.

A. No sidewalk vending is allowed within three hundred (300') feet of all borders of a city-sponsored or city-permitted temporary or special event, within the time period commencing one hour before until one hour after the event. Such events include any event that requires an encroachment permit or special event permit, or any other permit or authorization issued by the city, including filming events, parades, outdoor concerts, and public gatherings sponsored by the city.

B. No sidewalk vending is allowed within three hundred (300') feet of all borders of a certified farmers' market (operating pursuant to Chapter 10.5 of Division 17 of the Food and Agricultural Code, commencing with Section 47000) or a swap meet (operating pursuant to Article 6 of Chapter 9 of Division 8 of the Business and Professions Code, commencing with Section 21660) during the hours of operation.

C. For the purpose of determining the geographical restrictions set forth in this section, the applicable borders of any temporary or special event, certified farmers' market, or swap meet shall be based on the area of use set forth or otherwise described in the permit or other authorization issued by the City. The Administrator or designee shall maintain a copy of such permits or other authorizations on file, unless expired or revoked, and shall make available such permits or authorizations to sidewalk vendors for inspection upon request. The Administrator or designee shall also provide sidewalk vendors with notice regarding the issuance of temporary or special event permits if such notice is required to be provided to affected business owners or property owners.

D. No sidewalk vendor may vend within twenty-five (25') feet of another sidewalk vendor at any city park.

E. Vendors are prohibited from sidewalk vending in parks and other city facilities that have exclusive, signed concession agreements. The Administrator shall maintain a list of parks and facilities with an exclusive concession agreement and provide a copy of such list with the issuance of any vending permit.

12.44.090 Administration.

The Administrator is authorized to develop, and enforce, the rules and regulations regarding the licensing, permitting, and operation of sidewalk vending, in accordance with this Chapter.

6.4 Attachment 1 - Ordinance

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12.44.100 Enforcement.

A. Sidewalk vending in violation of this Chapter will not be punishable as a criminal infraction or misdemeanor, but will be subject to the following enforcement procedures:

1. For the first incident, a written warning will be issued specifying the provision of this Chapter 12.44 that has been violated as well as materials outlining the regulations of this Chapter 12.44 and any other adopted rules and regulations pertaining to sidewalk vending.

2. For the second incident, persons found in violation of this Chapter shall be subject to an Administrative Citation. Administrative citations shall be in the format set forth in Section 1.08.060 of this Code. In conjunction with the issuance of an administrative citation, the city will provide the person subject to administrative citation notice of their right to request an ability-to-pay determination and will make available instructions or other materials for requesting an ability-to-pay determination.

3. For vending without a valid vending permit the following fines shall be applicable:
(i) An administrative fine of two hundred fifty and no/100ths ($250.00) dollars for a first violation.
(ii) An administrative fine of five hundred and no/100ths ($500.00) dollars for a second violation within one year of the first violation. (iii) An administrative fine of one thousand and no/100ths ($1,000.00) dollars for a third violation and each subsequent violation, within one year of the first violation.

Upon proof of a valid permit issued by the City before such fines are due, the city will reduce the amount of the fines to one hundred and no/100ths ($100.00) dollars for the first violation, two hundred and no/100ths ($200.00) dollars for the second violation, and five hundred and no/100ths ($500.00) dollars for each violation thereafter.

4. For all violations of this chapter other than vending without a valid vending permit as outlined in subsection A above:
(i) An administrative fine of one hundred and no/100ths ($100.00) dollars for a first violation.
(ii) An administrative fine of two hundred and no/100ths ($200.00) dollars for a second violation within one year of the first violation.

6.4 Attachment 1 - Ordinance

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(iii) An administrative fine of five hundred and no/100ths ($500.00) dollars for a third violation within one year of the first violation. (iv) An administrative fine of five hundred and no/100ths ($500.00) dollars for a fourth and each subsequent violation, and revocation of the vending permit. Revocation proceedings will be conducted in accordance with the rules and regulations established by the city.

C. All administrative citations issued for violations of this chapter and the rules and regulations are subject to the administrative hearing and appeal process set forth under Section 1.08.060(F)-(I) of this Code, except that fines and late charges shall not be imposed under Section 1.08.060(E). Citations shall be served using a method set forth in Section 1.04.100.

D. Fines assessed pursuant to this section shall be reduced to twenty (20%) percent of the original fine amount upon submission of proof of inability to pay at the administrative hearing if requested by the person pursuant to Government Code section 51039(f). Additionally, the hearing officer may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

E. All administrative fines imposed shall be subject to the city's authority to use any civil remedy available to collect any unpaid administrative fine, including, but not limited to, a collections program. No interest charges, late charges, or other fees shall be imposed for an administrative citation issued as a result of a violation of this Chapter.”
SECTION 6. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or word of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, clause, phrase, or word of this Ordinance.

SECTION 7. CEQA
The 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 this Ordinance only makes administrative changes.

6.4 Attachment 1 - Ordinance

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SECTION 8. EFFECTIVE DATE
This ordinance shall become effective thirty days after adoption.

SECTION 9. PUBLICATION
The City Clerk is hereby ordered and directed to certify the passage of this Ordinance by the City Council of the City of Foster City and cause the same to be published in accordance with State law.

This Ordinance was introduced and read on the 15th of April, 2024 and passed and adopted the 6th day of May, 2024, by the following vote:

AYES:

NOES:

ABESENT:

ABSTAIN:
____________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
______________________________

PRISCILLA SCHAUS, CITY CLERK

6.4 Attachment 1 - Ordinance

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DATE: May 6, 2024

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

FROM: Diane Pitman, Administrative Services Director
Rob Lasky, IT Manager
DEPARTMENT: Administrative Services
SUBJECT: AUTHORIZING THE ISSUANCE OF A REQUEST FOR

PROPOSALS FOR A CITYWIDE PHONE SYSTEM

REPLACEMENT

RECOMMENDATION
It is recommended that the City Council of the City of Foster City approve the issuance of the attached Request for Proposals (RFP) for a Citywide Phone System Replacement.

EXECUTIVE SUMMARY
The City’s current Shoretel phone system was purchased in 2013 and is due for replacement. A replacement system will provide a reliable communications platform to support the City’s operations. The necessary funding is available within the Information Technology (IT) Internal Services Fund budget for Fiscal Year 2023-2024.

BACKGROUND/ANALYSIS
Foster City purchased the current Shoretel phone system in 2013. Shoretel was acquired by Mitel in 2017. In 2022, Mitel announced the planned end-of-life for all Shoretel hardware and software by 2029.

A replacement phone system will provide the City with the stability of long-term support, enhanced communications and will offer better integration with other devices, like

6.5 6.5 Staff Report

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smartphones. It is anticipated that the new system will be cloud-based, which will make the system more resilient than the premise-based hardware we are currently using.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
There are no costs associated with the issuance of the RFP. Once the proposals have been reviewed and a recommended reseller is chosen, the purchase will come back to City Council for approval. The estimated cost for the citywide replacement phone system is $275,000 and is included in the Information Technology (IT) Internal Services Fund budget for Fiscal Year 2023-2024.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Innovation and Sustainability
ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Request for Proposals – Citywide Phone System Replacement

6.5 6.5 Staff Report

80 RESOLUTION NO.____________

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

AUTHORIZING STAFF TO ISSUE A REQUEST FOR PROPOSALS FOR A CITYWIDE

PHONE SYSTEM REPLACEMENT

CITY OF FOSTER CITY
WHEREAS, the City’s current Shoretel phone system was purchased in 2013 and is due for replacement; and
WHEREAS, Mitel has announced the planned end-of-life for all Shoretel premise- based PBXs by 2029; and
WHEREAS, a replacement system will provide a reliable communications platform to support the City’s operations; and
WHEREAS, the Request for Proposals has been prepared and is ready to be issued; and
WHEREAS, sufficient funds are available in the Information Technology Internal Services Fund (#504).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the issuance a Request for Proposals for a Citywide Phone System Replacement.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.5 Attachment 1 - Resolution

81 City of Foster City
5/7/2024

REQUEST FOR PROPOSALS
VOIP Phone System Replacement

6.5 Attachment 2 - Request for Proposals - Citywide Phone System Replacement

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9 The City of Foster City is requesting pricing for a VOIP Phone System Replacement, including professional services for deployment. The vendor selected will be responsible for the implementation and maintenance of all selected components, project management, training, and providing a complete installation that meets the City’s performance requirements.

The City invites you to submit a proposal to furnish materials in accordance with the terms, conditions, and specifications contained in this document. Please complete the proposal form as instructed below and return it to the specified e-mail address by the due date. No extensions to the deadline will be allowed. All responses must be in an email to:

TO: Rob Lasky
[email protected]
Due Date: 6/4/2024
The undersigned proposes to provide solution and installation services to the City for the stated prices in accordance with the terms and conditions set forth in this document.

VENDOR:

Company Name Street Address of Company
Signature of Officer City, State, Zip
Printed Name of Officer Telephone No.

Title of Officer Federal I.D. Tax Number

6.5 Attachment 2 - Request for Proposals - Citywide Phone System Replacement

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9 This Request for Proposal includes the following Sections:

Section 1 Introduction / Background
Section 2 System Requirements
Section 3 RFP Submittal Requirements
Section 4 Project Services
Section 5 Vendor Evaluation Process

TERMS AND CONDITIONS

1.DATE DUE: 6/4/2024

2.QUESTIONS: Call Rob Lasky at 650-286-3216 or e-mail questions to [email protected]. All communication/questions are to be submitted by any vendor to Rob Lasky via e-mail. All responses to questions/clarifications will be posted on the City’s website as addendums and any vendor who has provided an e-mail will be notified via -email of the posting. Vendors are required to provide an e-mail address to which we may send responses.

3.REPLY FORMAT: The Vendor’s proposal, signed acknowledgment terms and conditions, including all attachments, must be returned by the due date with submittal. Vendors are required to clearly identify any limitations or exceptions to the requirements defined in this RFP. Alternative approaches will be given consideration if the approach clearly offers increased benefit to the City. The City is not responsible for non-receipt or misdelivery and that it is bidder's responsibility to ensure we have received their communication. The City’s e-mail system does not allow attachments larger than 25MB.

4.DEADLINES TIME ZONE: Where referred to in document, all times are in the Pacific Time Zone.

5.VENDOR QUALIFICATIONS: The vendor has been in business doing this type of work for at least the last three years.

6.RESPONSIVENESS AND SELECTION PROCESS: The decision for selection will be made on a combination of criteria, including: total cost (including ongoing operating costs); responsiveness to RFP, reputation of Vendor and products in similar installations; quality and completeness of proposal; Vendor's ability to perform in a timely fashion; and the City’s perception of Vendor’s stability within the industry.

The City reserves the right to reject any and all proposals or to waive any minor errors, discrepancies or irregularities. The selection will be at the discretion of the City and may be made in any manner that best meets the needs of the City.

7.FIRM PRICES: All quotes shall be held firm for a minimum of ninety (90) days after the proposal due date to allow adequate time for the City to consider each proposal and make an award. All blanks for unit price and total price shall be completed. All prices shall include sales tax where applicable. Any charges for boxing, packing, crating, cartage, handling, insurance, unloading, inside delivery, and any other related charges shall be included in the bid price provided on the Bid Form. Any discrepancy between the unit price and the extended or total price shall be determined by taking the lower price.

Upon receipt of this proposal by the City, the Vendor shall be presumed to be thoroughly familiar with all aspects of this work. The failure or omission to examine any location, equipment, form, instrument or document shall in no way relieve Vendor from any obligation with respect to this proposal.

6.5 Attachment 2 - Request for Proposals - Citywide Phone System Replacement

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9 8.WARRANTY: The delivered and installed goods, equipment or services shall be warranted to be free from defects in materials and workmanship. The warranty period shall begin upon final acceptance by the City. As a minimum, all goods, equipment and services shall be warranted to operate satisfactorily in accordance with the requirements of these specifications, the representations of the Vendor and the published specifications of the manufacturer(s) for a period of at least one (1) year from the date of acceptance by the City.

9.CANCELLATION CLAUSE: The City may terminate and cancel any purchase order or contract that result from this RFP without obligation at any time prior to receipt of the goods or services.

6.5 Attachment 2 - Request for Proposals - Citywide Phone System Replacement

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9 Section 1

1. Introduction / Background

1.1. The Project
The City of Foster City is requesting pricing for a VOIP Phone System Replacement. The vendor selected will be responsible for the implementation of all selected components, project management, training, and providing a complete installation that will meet the performance requirements as stated in final contract.

The vendor shall submit a proposed time-line schedule for implementation. The vendor will need to identify staff from their company who will be working on their team and confirm their availability for the duration of the project.

Tentative schedule and dates:

Release RFP 5/7/2024
Vendor Written Inquiries (on or before) 5/24/2024
City response to Written Inquiry (on or before) 5/27/2024 Proposals due from potential bidders 6/4/2024
Scripted Demos 6/17/2024 – 6/20/2024
Vendor Notified of accepted bids TBD
Award of Contract TBD
System Implementation TBD

1.2. Current Systems Environment

1.2.1. The City currently has 6 buildings within one city block connected by 1Gbps City-owned

62.5nm multimode fiber:
•City Hall
•Council Chambers
•Police Department
•Community Center
•Recreation Center
•Teen Center

1.2.2. 2 Other sites are connected via Comcast circuits and L2TP tunnels:
•Corporation Yard with 5 buildings (50Mbps)
•Sea Cloud Park Maintenance Shed (20Mbps)

1.2.3. Today, the City locations utilize Mitel (formerly Shoretel) on-prem equipment for VOIP and voicemail. The system is currently installed with a non-centralized design, with ShoreGear appliances at City Hall, Police Department, Recreation Center, and Corporation Yard.

1.2.4. Phone sets are a combination of Shoretel 115, 230, 230G, 265, and 655 models.

Network connection to each station is over Cat5e or Cat6 cabling at 1Gbps. The City uses Ubiquiti wired network switches and wireless access points.

1.2.5. The City utilizes 2 ISPs for redundancy. Both ISPs are terminated at City Hall, and all locations share these circuits for internet access. We currently use 35 SIP trunks to connect the Mitel system to the world. The SIP trunks are provided by our primary ISP (Utility Telecom), and are carried over our primary internet circuit.

1.2.6. The City’s application servers are currently virtualized using VMWare and Nutanix. If any on-prem servers are needed, the City prefers using virtualized servers.

1.2.7. The City uses Microsoft Windows for desktops and servers, and leverages the Microsoft Office 365 productivity suite and Microsoft Teams. All email boxes are housed in Exchange Online.

6.5 Attachment 2 - Request for Proposals - Citywide Phone System Replacement

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9 Section 2

2. System Components
The following are the minimum requirements we expect from the vendor’s solution. Some requirements are specific to the City. We expect your response to address every requirement.

GENERAL

1. The City expects that the system will support standard telephone feature sets. These include but are not limited to:
(1) Call Forward-Busy
(2) Call Forward-No Answer
(3) Call Forward-All Calls
(4) Call Hold
(5) Call Logging (full Call Accounting is not necessary) (6) Reporting for Call Blocking/Dropped Calls
(7) Call Park
(8) Call Transfer
(9) Call Waiting Indication
(10)Dial-by-name Directory
(11)Redial
(12)Account Code for International Access
(13)Outbound Caller ID
(14)Incoming Caller ID
(15)Music on Hold
(16)Internal 4 digit dialing
(17)Auto Attendants (voicemail trees)

2. E911 configurability that allows defining address and location inside building for each phone.

Describe how this would work when using softphone or Teams.

3. Vendor will be expected to coordinate the seamless porting of current DID numbers to new system.

PHONE SETS

4. Built-in network switch that allows daisy-chaining PC from phone at 1Gbps.

5. Compatibility with QOS.

6. Phones should be POE. Please provide the POE standard (POE, POE+, etc.) and wattage used by phone sets.

7. Provide costs for wall-mount kits for each phone type proposed.

APPLICATION

8. Softphone capability with Windows, iOS, and Android app.

9. Single-Sign-On for app login that supports SAML/Azure AD.

10. Microsoft Teams integration. The City prefers a system that can use Microsoft Teams to answer and make calls. It is acceptable if your solution has its own client app, but solutions that offer a Teams integration will be given preference.

6.5 Attachment 2 - Request for Proposals - Citywide Phone System Replacement

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9 11. Twinning – Allow users to set up simultaneous ring for incoming calls to both their desk phone/softphone and cell phone. The operation should allow end users on an active desk phone call to select an option to move the call to their cell phone.

12. Ability to receive and send SMS via DID number (OPTIONAL)

13. Click to dial from Outlook contacts or phone numbers on websites (OPTIONAL)

14. Ad hoc Call Recording – the system should allow calls to be recorded On-Demand and allows easy access to retrieving these recordings. Does the ad hoc recording solution record calls from the beginning of the call or at the time a button is pressed?

15. Voicemail delivery to user via email. Can deleting from Outlook also delete the message from the voicemail system?

16. Application should provide context-sensitive user help, as well as a searchable full-system help function.

SPECIFIC SCENARIOS

17. Call Coverage – The Police Department has a unique operation for answering calls. During workhours, Police Records answers the main department line via a hunt group. When Police Records staff leave, they forward the hunt group to Police Dispatch so calls to the department number never go unanswered nor to voicemail. Please describe any limitations of the system to provide this feature.

18. Call Park – The Police Department answers calls to the Police Department’s department lines via 4 analog lines from our Shoretel system connected to the 911 PBX. They use call transfer via hook flash as well as call park via hook flash to park a call while they alert officers via radio to pick up the parked call slot. Describe how they could use this feature and know what park slot the call is in. Describe what happens if the parked call is not picked up.

19. Outbound Caller ID – Ability to assign outgoing caller ID individually by station. Most of our lines send out the DID number for caller ID. For example, the Police Department may need to send out the department number only, while the accounting and finance groups may choose to send out their own DID number on outgoing calls. We may also need to send no Caller ID info for certain users (Detectives, for example).

20. Overhead Paging – The City has Valcom or Bogen units at each of our buildings, and the phone system must be able to interface with them. The Valcom unit at City Hall is multi-zone (one zone for each of our 3 floors, and one for all floors)

21. Faxing – Provide your solution for migrating fax capabilities and the costs associated.

Explain if this is included in the IP Telephony solution or is an additional service. Can the City keep physical fax machines with your solution? Will we be able to port over the fax numbers from AT&T 1MB lines?

22. Analog – Provide your solution for providing analog lines for devices such as fire alarms, or elevator call boxes.

6.5 Attachment 2 - Request for Proposals - Citywide Phone System Replacement

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9 PRELIMINARY INVENTORY
These counts are preliminary and will be finalized during agreement negotiations.

Phone set + full feature set 45
Phone set + no feature set (for conf rooms,
lunch rooms, etc.)
48 Softphone + full feature set 96
Fax 15
Other Analog 9

6.5 Attachment 2 - Request for Proposals - Citywide Phone System Replacement

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9 Section 3

3. Proposal Submittal Requirements - below are all the items that must be submitted by the Vendor. Any Vendor who fails to include responses to the following requirements shall be deemed non-responsive.

3.1. Requirement A - General

3.1.1. Proposed Timeline for Implementation

3.1.2. Copy of proposed Maintenance Contract which includes support options

3.2. Requirement B - Pricing Sheet

3.2.1. Upfront Hardware Cost (including freight and tax)

3.2.2. Upfront Software Licensing/Subscription Cost

3.2.3. Ongoing Annual Maintenance/Subscription Cost

3.2.4. All Professional Services Costs (See Section 4)

3.2.5. Additional Modules/Components Price(s) (Optional)

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9 Section 4

4. Project Services

4.1. Installation and Integration
Vendor shall be responsible to install and integrate all software/components to complete the system to ‘final acceptance’ by the City. The City shall determine the final decision on the installation work to be done by whom and when.

4.2. Training

4.2.1. Vendor shall do knowledge transfer to City Project Team during the course of the implementation.

4.2.2. Vendor shall provide pricing for an administrator training session for all designated system admins. Vendor shall propose suggested length of administrator training sessions for each purchased module,

4.2.3. Vendor shall provide pricing for in-person and/or virtual training for end users of the proposed system. Please include: the length (in hours) of the training sessions for each purchased module, the suggested maximum number of participants for each class, and whether users will be expected to have a PC available to be hands-on during training.

4.3. Maintenance and Support
Vendor shall submit a three year maintenance pricing structure so the City can prepare the necessary budget. Vendor shall detail what the maintenance/support contract covers – vendor responsibility and city responsibility.

6.5 Attachment 2 - Request for Proposals - Citywide Phone System Replacement

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9 Section 5

5. Vendor Evaluation Process
A multi-phase evaluation process will be used to evaluate and choose the final vendor. At the end of each phase only those vendors that have passed the current phase will move forward to the next.

5.1. Selection/Evaluation Criteria for RFP Proposals
Proposals will be reviewed by a cross-functional group of staff members from Foster City’s operating departments. An evaluation matrix will be used to rate proposals based on the items submitted (see Section 4 for submittal requirements).

A subset of vendors will be requested to perform 1 to 2 hour scripted demos during the week of 6/17/2024-6/20/2024. Selected vendors will be contacted during the week of 6/10/2024 to set up a timeslot for their demo.

5.1.1. Project Specific Evaluation
RFP Format Response Section
The vendor shall respond to all the areas listed in Section 3. The vendor shall describe how their proposal will meet the objectives, tasks, requirements, and other services identified in this document.

6.5 Attachment 2 - Request for Proposals - Citywide Phone System Replacement

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DATE: May 6, 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
Zaheed Danish, Public Works Maintenance Manager
Greg Baeza, Public Works Superintendent
DEPARTMENT: Public Works
SUBJECT: CONTRACT CHANGE ORDER NO.ONE TO THE AGREEMENT
WITH SPENCON CONSTRUCTION INC. FOR SIDEWALK

REPAIR AND REPLACEMENT

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute Contract Change Order No. One to the agreement with SpenCon Construction Inc. in the not-to-exceed amount of $400,000 for Sidewalk Repair and Replacement, and to extend the contract duration for an additional two year term, from July 1, 2024 to June 30, 2026.

EXECUTIVE SUMMARY
The City utilizes an on-call concrete contractor for the repair and replacement of sidewalks, curbs and gutters, installation of curb ramps, and other concrete work throughout the City. On May 16, 2022, City Council adopted Resolution No. 2022-48 authorizing an agreement with SpenCon Construction Inc. for the Sidewalk Repair and Replacement Program in an amount not to exceed $100,000 per year from July 1, 2022, through June 30, 2024, for a total not to exceed amount of $200,000.

Contract Change Order No. One (CCO No. 1) to the agreement with SpenCon Construction Inc. is to address work required to remediate hazardous sidewalk conditions, and address anticipated work resulting from the Americans with Disabilities

6.6 6.6 Staff Report

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Act (ADA) Transition Plan, in order to complete the work expeditiously and utilize the agreed upon rates in the existing contract. CCO No. 1 will provide for an additional two- year duration from July 1, 2024 to June 30, 2026 in an amount not to exceed $400,000.

BACKGROUND/ANALYSIS
The City’s Comprehensive Sidewalk Maintenance Program, which has been in effect since May 3, 2010, establishes guidelines for addressing all aspects of sidewalk repair in compliance with the provisions of the following governing documents:
•California Streets and Highways Code Sections 5600-5630 (the Code), which states that it is property owners’ responsibility to maintain the sidewalks located adjacent to their properties; and
•Foster City Municipal Code Chapter 11.08, which details property owners’ liabilities for injuries or damages suffered by members of the public using sidewalks that are not maintained.

The program consists of the following two City policies:

1. Public Sidewalk Maintenance Policy (City Resolution No. 2010-3, approved on January 4, 2010): Outlines the manner in which the City will repair and maintain sidewalks that are located adjacent to publicly owned properties, such as City buildings and parks. It addresses sidewalk repair elements such as inspection frequency, criteria for mitigation action, and determination of responsibility for repairs.

2. Private Sidewalk Maintenance Policy (City Resolution No. 2017-58, approved on July 17, 2017): Outlines the methods by which the City notifies private property owners of their responsibilities for maintaining sidewalks located adjacent to their properties, including notification and inspection, enforcement, and determination of whether the responsibilities for the repairs are public or private. If property owners do not complete the repairs within a specified timeframe, the City may perform the repairs and assess the costs of the repairs to the owners.

In addition to sidewalk maintenance, the City utilizes an on-call concrete contractor for the repair and replacement of curbs and gutters, installation of curb ramps, and other miscellaneous concrete work throughout the City on an on-going basis. The City has contracted for sidewalk maintenance and installation services for over 10 years. By bundling many locations together, contractors can effectively mobilize, the cost per square foot is more competitive, work can be completed with a speed and accuracy that minimizes the impact on residents, and City staff can be better utilized to focus on other maintenance issues.

On May 16, 2022, the City Council adopted Resolution No. 2022-48 authorizing an agreement with SpenCon Construction Inc. for the Sidewalk Repair and Replacement Program in an amount not to exceed $100,000 per year from July 1, 2022, through June 30, 2024, for a total not-to-exceed amount of $200,000.

6.6 6.6 Staff Report

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On June 6, 2022, the City Council awarded a contract to Disability Access Consultants (DAC) for services to update the policies relating the ADA transition plan. As the ADA review and transition process nears completion, staff anticipates additional sidewalk and curb ramp mitigation work will be identified.

Staff recommends the approval of CCO No. 1 to extend the contract for an additional two-year duration from July 1, 2024 to June 30, 2026 in an amount not-to-exceed $400,000 in order to complete work required to remediate hazardous sidewalk conditions expeditiously and utilize the agreed upon unit prices in the existing contract.

The City owns and maintains curb ramps and sidewalks to specifications prescribed by the ADA, helping to ensure safety and accessibility and mitigating trip and fall risks.

Two locations with ramps that were out of compliance posed a potential hazard that required immediate improvement – Pitcairn Drive at Santa Catalina Lane and Shell Boulevard. Staff requested the contractor to complete this additional work associated with sidewalk repair and replacement in the amount of $42,790 over the previous contract amount.

Other necessary work has been identified, and staff recommends completing the work expeditiously to mitigate fall risk and maintain safe sidewalk conditions. The additional locations for repair are expected to cost approximately $40,000, and staff is working with SpenCon to schedule the work as soon as possible, pending City Council approval of CCO No. 1. Further, as the ADA transition planning nears completion, staff anticipates additional sidewalk and curb repair work to be identified to improve ADA accessibility, in addition to routine maintenance work.

Given the aging condition of the sidewalks in Foster City, the original not-to-exceed contract amount of $200,000 for two years, or $100,000 per year, has resulted in a strict prioritization of repair work. Increasing the not-to-exceed amount will allow repairs to be more expeditiously addressed. CCO No. 1 includes the $42,790 used to urgently repair hazardous curb ramps in FY 2023-2024, an anticipated additional $40,000 of work that has already been identified, and $317,210 in funds to address work that is expected to be identified as part of the ADA transition plan process, as well as repairs identified as part of the typical maintenance process. Extending the contract duration and adding additional funds to the contract will allow the work to be completed expeditiously and at the previously agreed upon unit prices.

CEQA
Exempt Per California Environmental Quality Act (CEQA) Guideline, Section 15061(b)(3)

FISCAL IMPACT

6.6 6.6 Staff Report

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Funding is available in Account No. 001-0930-431-4251 Public Works Street Expenses – Professional Services for FY 2023-2024 to cover $42,790 for the urgently completed curb repair as well as approximately $40,000 in additional identified repairs. Funds have been budgeted for subsequent fiscal years, subject to City Council approval.

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

Attachment 1 – Resolution
Attachment 2 – Contract Change Order No. 1
Attachment 3 – Agreement with SpenCon Construction Inc.

6.6 6.6 Staff Report

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3 RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING CONTRACT CHANGE ORDER NO. ONE TO THE AGREEMENT WITH SPENCON CONSTRUCTION INC. IN THE NOT TO EXCEED AMOUNT OF $400,000,

AND EXTENDING THE CONTRACT DURATION FOR AN ADDITIONAL TWO YEAR TERM, FROM JULY 1, 2024 TO JUNE 30, 2026 FOR SIDEWALK REPAIR AND

REPLACEMENT AND FINDING THAT THE PROJECT WAS CATEGORICALLY EXEMPT ON MAY 16, 2022 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)

CITY OF FOSTER CITY
WHEREAS, the City’s Public and Private Sidewalk Maintenance Policies constitute its Comprehensive Sidewalk Maintenance Program, which has been in existence since May 3, 2010; and
WHEREAS, the program fulfills an important role, by enabling the City to perform the necessary repairs and replacements of sidewalk, curb and gutter, and curb ramps in an expeditious and cost-effective manner; and
WHEREAS, the City relies upon on-call contractors to provide concrete work for the Sidewalk Repair and Replacement Program and for the repair and replacement of curbs and gutters, installation of curb ramps, and other miscellaneous concrete work throughout the City; and
WHEREAS, On May 12, 2022, the City Council authorized an agreement with SpenCon Construction, Inc. for Sidewalk Repair and Replacement in an amount not to exceed $100,000 per year, for a term of July 1, 2022, through June 30, 2024; and WHEREAS, Contract Changer Order No. One with SpenCon Construction Inc. for Sidewalk Repair and Replacement extends the contract duration for an additional two year term, from July 1, 2024 to June 30, 2026; and
WHEREAS, with the execution of Contract Change Order No. One in the amount of $400,000 the total not to exceed contract amount will be $600,000; and WHEREAS, Contract Change Order No. One includes $42,790 utilized to urgently repair hazardous curb ramps, an anticipated additional $40,000 of work that has already been identified, and $317,210 in funds to address work that is expected to be identified as part of the Americans with Disabilities (ADA) Plan transition plan process, as well as repairs identified as part of the typical maintenance process; and WHEREAS, the project is categorically exempt under CEQA Sections 15301 – Existing Facilities and 15061(b)(3) pursuant to the California Environmental Quality Act.

6.6 Attachment 1 - Resolution

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3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve Change Order No. One in the amount of $400,000, and extending the contract duration for an additional two year term, from July 1, 2024 to June 30, 2026 with SpenCon Construction Inc., and authorizes the Mayor to execute the Change Order.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.6 Attachment 1 - Resolution

98 CITY OF FOSTER CITY
CONTRACT CHANGE ORDER NO. 1 (One)
DATE: MAY 6, 2024 ACCOUNT NO. 001-0930-431-4251 PROJECT NAME: SIDEWALK REPAIR AND REPLACEMENT
TO: SPENCON CONSTRUCTION INC.

CHANGE REQUESTED BY: SpenCon Construction Inc. and City of Foster City Based on mutual agreement, SpenCon Construction Inc. and City of Foster City agree to amend the original Agreement dated May 16, 2022(“Agreement”) pursuant to Section

1.02 of the Agreement:

ORIGINAL CONTRACT AMOUNT – YEAR 1 $ 100,000
ORIGINAL CONTRACT AMOUNT – YEAR 2 $ 100,000
AMOUNT OF CHANGE ORDER NO. 1 $ 400,000
REVISED CONTRACT TOTAL AMOUNT $ 600,000
Section 2 of the Agreement shall be revised to add additional on call work to mitigate hazardous sidewalk conditions at Pitcairn Drive and Santa Catalina Lane, and on Shell Boulevard, other curb and sidewalk repair work identified that was not included in the original scope of work identified in Appendix A of the Agreement, and work that is expected to be identified by City staff as part of the ADA transition plan process, as well as repairs identified as part of typical maintenance activities.

Section 1.04 Duration of Contract, of Appendix A of the Agreement, shall hereinafter read in its entirety as follows:
“1.04 DURATION OF CONTRACT
The Sidewalk Repair & Replacement will be for a contract period of four (4) years from July 1, 2022-June 30, 2026. The contract start date will be finalized after approval of the agreement by the Foster City Council.”
Appendix D, Construction Performance Bond, and Appendix E, Construction Labor and Materials Bond, will be updated based on the revised contract amount.

6.6 Attachment 2 - Contract Change Order No. 1

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0 Except as specifically modified herein, all other terms and provisions in the Agreement shall remain unchanged.

SpenCon Construction Inc. have given careful consideration to the work proposed and hereby agree, if this Contract Change Order No. 1 is approved, to provide all equipment, furnish all materials except as may otherwise be noted above, and to perform all services necessary for the work above specified, and to accept as full payment therefore the prices shown above.

SUBMITTED BY:

GREG BAEZA DATE

PROJECT MANAGER
ACCEPTED BY:

SPENCER STAHL, PRESIDENT DATE
SPENCON CONSTRUCTION INC.

APPROVAL RECOMMENDED:

ANDREW BROZYNA DATE

PUBLIC WORKS DIRECTOR
APPROVED FOR CITY:

PATRICK SULLIVAN DATE
MAYOR
ATTEST:

BY:

PRISCILLA SCHAUS, CITY CLERK
APPROVED AS TO FORM:

BY: ___________________________________
BENJAMIN L. STOCK, CITY ATTORNEY

6.6 Attachment 2 - Contract Change Order No. 1

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DOCUMENT 00 5205

CITY OF FOSTER CITY
610 Foster City Boulevard, Foster City, CA 94404

CONSTRUCTION SERVICES AGREEMENT
SIDEWALK REPAIR & REPLACEMENT ( 2022- 2024)
DATE:

1. IDENTIFICATION OF CONTRACTOR:

CONTRACTOR: SpenCon Construction
LICENSE NO: 820205

2. SCOPE OF THE WORK
See Scope of Work attached as Appendix A.

3. COMPENSATION FOR WORK. Contractor’ s total compensation for the Work performed under this Agreement ( Contract Sum) shall not exceed $ 100, 000 per year, to be paid as check one): ( 1) lump sum; ( 2) lump sum with progress payments; ( 3) per attached schedule of rates and charges, up to a guaranteed not- to-exceed amount of $ 100, 000 per year during the two ( 2) year contract period. All payments ( check one): shall shall not be subject to a five percent ( 5%) retention on each work order issued under this contract.

4. SCHEDULE OF PERFORMANCE FOR THE WORK. Contractor shall commence and complete the Work by the following dates:

Work is issued to the Contractor as a Work Order on an as- needed basis during the two year contract period. Each Work Order will identify the location and type of work to be performed, the effective date for commencement of work, specific work item quantities and the Work Order amount based on the unit prices listed in the Contractor’ s Proposal Schedule. The Contractor shall complete any given work order within thirty ( 30) calendar days of the commencement of work. Work shall commence within fourteen ( 14) calendars days of notification by the City.

The City does not guarantee a minimum number of Work Orders issued or the dollar amount of work to be performed.

4.01 Liquidated Damage Amounts.

A. Once work is started on any given work order, work must be completed within thirty ( 30) calendar days. For each calendar day in excess of the time specified for completion of the work, the Contractor shall pay to the City, or have withheld from monies due, the sum of 100. 00 ( One Hundred and 00/ 100 Dollars) per calendar day until the work is complete.

May 16, 2022
DocuSign Envelope ID: 3164AC0F- 7CEE- 4188- B342- 80CC0CC198DA

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B.$ 100 per calendar day in liquidated damages will also be assessed for each calendar day exceeding seven ( 7) calendar days between removal and replacement of concrete in any location.

C. For all work, once the City notifies the contractor, work must commence within fourteen 14) calendar days. For each calendar day in excess of the time specified for commencement of work, the Contractor shall pay to the City, or have withheld from monies due, the sum of $ 50. 00 ( Fifty and 00/100 Dollars) per calendar day until the work is commenced.

4.02 Scope of Liquidated Damages
A. Contractor and Owner agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of such actual damages incurred by Owner because of a delay in completion of all or any part of the Work. Contractor and Owner agree that specified measures of liquidated damages shall be presumed to be the amount of such damages actually sustained by Owner, and that because of the nature of the Project, it would be impracticable or extremely difficult to fix the actual damages.

B. Liquidated damages for delay shall cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by Owner as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from Defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from Owner ( for example, delay claims of other contractors, subcontractors, tenants, or other third- parties), and defense costs thereof. Owner may deduct from any money due or to become due to Contractor subsequent to time for completion of entire Work and extensions of time allowed pursuant to provisions hereof, a sum representing then- accrued liquidated damages.

C. Should the Contractor fail to complete all or any portion of the work within the specified time or within such extra time as may be allowed for delays by formal extensions granted by the City, deductions as set forth above will be made from the Contractor' s earnings for the time that the work remains incomplete after the time set for its completion.

D. After the specified or formally extended completion of time, no time extension will be granted for delays caused by climatic conditions.

5. TERMS AND CONDITIONS.

5.01 Contractor shall perform the Work in accordance with the terms and conditions of this Agreement and the following attachments ( together, Contract Documents):

Appendix A – Scope of Work
Appendix B – General Conditions
Appendix C – Insurance
Appendix D – Construction Performance Bond
Appendix E – Construction Labor and Materials Payment Bond Appendix F – Supplemental Conditions
Division 1 General and Technical Requirements

5.02 The Contract Documents are the sole and exclusive provisions that govern the Work described herein. Any provision contained in any purchase order issued in connection with DocuSign Envelope ID: 3164AC0F- 7CEE- 4188- B342- 80CC0CC198DA

6.6 Attachment 3 - Agreement with SpenCon Construction Inc

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this Agreement or the Work described herein shall be null and void and shall have no force or effect.

5.03 Agreement number must appear on all invoices and correspondence. Send invoices in duplicate immediately upon performance of Work ordered hereon to:

City of Foster City,
Greg Baeza
100 Lincoln Centre Drive
Foster City, CA 94404
OWNER: City of Foster City
Signature
Richa Awasthi, Mayor
CONTRACTOR:

Signature
Spencer Stahl, Vice President
Date Date
Approved as to Form
Benjamin Stock, City Attorney
Attest
Yelena Cappello, Acting City Clerk
DocuSign Envelope ID: 3164AC0F- 7CEE- 4188- B342- 80CC0CC198DA 11/ 8/ 2022 | 6: 52 AM PST 11/ 10/ 2022 | 5: 37 AM PST

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Appendix A to Construction Services Agreement

SCOPE OF WORK
PART 1 - GENERAL
This section includes specifications related to the scope of work.

1.01 WORK DESCRIPTION
The work to be performed, in general, consists of removing and replacing damaged sections of existing concrete sidewalk, curb, gutter, curb ramp, and driveway; asphalt concrete pavement tie-in; curb inlet replacements and minor concrete repair surrounding curb inlet replacements. The work shall include traffic control, saw cutting, excavation, backfilling, compaction, installation of root barriers, asphalt patching, asphalt conforms adjacent to new gutters, and clearing and grubbing.

1.02 LOCATION OF WORK
Locations of work will be throughout the City of Foster City.

1.03 ORDER OF WORK
The Contractor is not authorized to perform any work until written direction is provided by the City.

The notification to commence work will not be issued until the contract has been properly executed, bonds are furnished and approved, and insurance certificates have been submitted and approved.

Work shall be continued at all times with such force and equipment as will be sufficient to complete it within the specified time. The Contractor expressly agrees that the Contractor has taken into consideration and made allowance for all ordinary delays and hindrances to the work to be performed and that the Contractor will complete the work within the specified time.

Work to be issued to the Contractor as a Work Order on an as-needed basis during the two 2) year contract period. Each Work Order will identity the location and type of work to be performed, the effective date for commencement of work, specific work item quantities and the Work Order amount based on the unit prices listed in the Proposal Schedule. The Contractor shall complete any given work order within thirty ( 30) calendar days of the commencement of work. Work shall commence within fourteen ( 14) calendar days of notification by the City.

The City does not guarantee a minimum number of Work Orders issued or the dollar amount of work to be performed.

The City will issue work orders to the Contractor to perform repair/ replacement of sections of sidewalk or lengths of curb or gutter, or perform other concrete repairs as listed in Proposal Schedule at one or more locations during the term of the contract. While there will be no minimum quantities for work, the City will use its best efforts to ensure that the work order contains no less than one thousand ( 1,000) square feet of sidewalk, two DocuSign Envelope ID: 3164AC0F- 7CEE- 4188- B342- 80CC0CC198DA

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hundred ( 200) linear feet of curb and gutter and four ( 4) curb ramps. The City will also use its best efforts to group work so that a minimum length of curb and gutter to be replaced would be five ( 5) lineal feet and sidewalk would be twenty five ( 25) square feet. The quantities may not be continuous sections. Instead, they may be the sum total of small sections of various streets.

All work performed shall be measured and paid for based on the contract unit prices listed in Proposal Schedule.

1.04 DURATION OF CONTRACT
The Sidewalk Repair & Replacement ( 2022- 2024) will be for a contract period of two ( 2) years. The contract start date will be determined after approval of the agreement by the Foster City City Council. The target date for Council approval is May 16, 2022.

1.05 CHANGES IN WORK
The City shall have the right to make changes to the plans and/or specifications and the Contractor shall perform the work as changed.

No adjustment to the unit price for any item in the Proposal Schedule shall be made in the event more repair locations are added or deleted from the scheduled maintenance program.

Increase or decrease in quantities due to differences between the proposal quantities for any item and the actual constructed quantities as measured in the field shall not be considered as change in the scope of work.

1.06 USA MARKER REMOVAL
It shall be the Contractor’s responsibility to remove all underground utility markings after construction is complete. The cost for removal of utility markings shall be included in various items of work and no additional compensation shall be allowed.

1.07 NOTIFICATIONS
The Contractor shall notify the occupants of properties affected by the work. Notification shall be by delivery of handbills to be prepared and furnished by the Contractor. Handbills shall be distributed 7 calendar days prior to the commencement of work. The handbills shall contain information regarding the work, dates and hours of the work to be clearly identified.

A copy of the handbill shall be submitted to the City for review and approval 7 calendar days prior to distribution.

DocuSign Envelope ID: 3164AC0F- 7CEE- 4188- B342- 80CC0CC198DA

6.6 Attachment 3 - Agreement with SpenCon Construction Inc

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Appendix B to Construction Services Agreement

GENERAL CONDITIONS
ARTICLE 1 TERMS OF PERFORMANCE

1.01 Construction Services Agreement ( Agreement) Force and Effect. The provisions of the Agreement and other Contract Documents constitute the entire agreement between the Contractor and Owner regarding the Work described herein. No representation, term or covenant not expressly specified in the Contract Documents shall, whether oral or written, be a part of this agreement. The Agreement and other Contract Documents shall govern the Work described herein ( whenever performed), and shall supersede all other purchase orders and agreements between Contractor and Owner, and any proposal, with respect to the Work described herein.

1.02 No Modification or Waiver. The Contract Documents may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of Owner and Contractor. Contract Documents headings are for convenience only and do not affect the construction of the Contract Documents.

1.03 Performance of Work/ No Assignment. Time is of the essence in the performance of the Work. Contractor will perform the Work in a skillful and workmanlike manner; comply fully with criteria established by Owner, and with applicable laws, codes, and all applicable industry standards. Contractor shall maintain its work area in a clean and sanitary condition, clear debris and trash at the end of each work day, and shall not damage or disrupt any property unless specifically part of the scope of the Agreement. Contractor shall not contract any portion of the Work or otherwise assign the Agreement without prior written approval of Owner. ( Contractor shall remain responsible for compliance with all terms of the Contract Documents, regardless of the terms of any such assignment.) The Contractor shall permit Owner ( or its designees) access to the work area, Contractor’ s shop, or any other facility, to permit inspection of the Work at all times during construction and/ or manufacture and fabrication. The granting of any progress payment, and any inspections, reviews, approvals or oral statements by any Owner representative, or certification by any governmental entity, shall in no way limit Contractor’ s obligations under the Contract Documents. Either party’s waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of the Contract Documents, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party’s right thereafter to enforce or compel strict compliance with every provision hereof.

Owner shall have, at all times, set- off rights with respect to any payment and Contractor’ s failure to perform the terms of the Contract Documents.

ARTICLE 2 LEGAL AND MISCELLANEOUS

2.01 Records and Payment Requests. Contractor shall submit all billings with all necessary invoices or other appropriate evidence of proper performance, after which Owner shall make payment within thirty ( 30) days. Upon Owner’s written request, Contractor shall make available to Owner, its authorized agents, officers, or employees, any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the Work or the expenditures and disbursement charged to Owner, and all correspondence, internal memoranda, calculations, books and accounts, records documenting its Work under the Agreement, and invoices, payrolls, timecards, records and all other data related to matters covered by the Agreement.

Contractor shall furnish to Owner, its authorized agents, officers, or employees, such other DocuSign Envelope ID: 3164AC0F- 7CEE- 4188- B342- 80CC0CC198DA

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evidence or information as Owner may require with regard to the Work or any such expenditure or disbursement charged by Contractor. Contractor shall maintain all such documents and records prepared by or furnished to Contractor during the course of performing the Work for at least five years following completion of the Work, except that all such items pertaining to hazardous materials shall be maintained for at least thirty ( 30) years. Contractor shall permit Owner to audit, examine and make copies, excerpts and transcripts from such records. The State of California or any federal agency having an interest in the subject of the Agreement shall have the same rights conferred to Owner by this section. Such rights shall be specifically enforceable.

2.02 Independent Contractor. Contractor is an independent Contractor and does not act as Owner’s agent in any capacity, whatsoever. Contractor is not entitled to any benefits that Owner provides to Owner employees including, without limitation, insurance, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within the Contract Documents regarding directives apply to and concern the result of the Contractor’ s provision of Work not the means, methods, or scheduling of the Contractor’ s Work. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Work under the Contract Documents. Contractor shall pay all payroll taxes imposed by any governmental entity and will pay all other taxes not specifically identified in the Contract Documents as Owner’s responsibility.

2.03 Indemnity/ Liability. Contractor shall defend, indemnify, and save harmless, to the fullest extent permitted by law, the Owner and each of its officers, directors, representatives, agents and employees, against all claims, suits, actions, loss, cost, damage, expense, and liability arising from or related to bodily injury to or death of any person or damage to any property, or resulting from any breach and/ or Contractor’ s negligence in performing the Work pursuant to the Contract Documents. Notwithstanding any provision of the Contract Documents, Owner shall not be liable to Contractor or anyone claiming under it, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with the Contract Documents or the Work. Owner’s rights and remedies, whether under the Agreement or other applicable law, shall be cumulative and not subject to limitation. Contractor’ s obligations to defend, indemnify, and save harmless the Owner are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement. Contractor’ 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.

2.04 Defective Work; Warranties. Contractor warrants that all construction services shall be performed in accordance with generally accepted professional standards of good and sound construction practices, all Contract Documents requirements, and all laws, codes, standards, licenses, and permits. Contractor warrants that all materials and equipment shall be new, of suitable grade of their respective kinds for their intended uses, and free from defects. Contractor hereby grants to Owner for a period of one year following the date of completion its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers. If either prior to completion of the Work, or within one year after completion, any Work ( completed or incomplete) is found to violate any of the foregoing warranties ( Defective Work), Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions, correct, remove and replace the Defective Work with conforming Work, and correct, remove and replace any damage to other Work or other property resulting therefrom. If Contractor fails to do so, Contractor shall pay all of the Owner’s resulting claims, costs, losses and damages. Where DocuSign Envelope ID: 3164AC0F- 7CEE- 4188- B342- 80CC0CC198DA

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Contractor fails to correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.

2.05 Compliance with Laws; Conflict of Interests. Contractor agrees to comply with all applicable federal and state laws, regulations and policies, as amended, including those regarding discrimination, unfair labor practices, anti- kick- back, collusion, and the provisions of the Americans with Disability Act. Contractor, its officer, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by the Contract Documents to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under applicable state, federal and local conflict of interest regulations. Contractor warrants that no person or agency has been employed or retained to solicit or obtain the Agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency.

2.06 Termination; Suspension; Disputes. Owner may direct Contractor to terminate, suspend, delay, interrupt or accelerate Work, in whole or in part, for such periods of time as Owner may determine in its sole discretion. Owner will issue such directives in writing, and may do so, in whole or in part, for its convenience or due to Contractor’ s fault. Owner will compensate Contractor for extra costs resulting from such directives only to the extent that Owner issues such directives for its convenience and not due to Contractor’ s fault but Owner shall not compensate Contractor for costs, profit or overhead anticipated to be earned or incurred on Work terminated for Owner’s convenience.) Contractor shall continue its Work throughout the course of any dispute, and Contractor’ s failure to continue Work during a dispute shall be a material breach of the Contract Documents. All claims by Contractor against Owner shall be submitted in writing to Owner, and shall be governed by Public Contract Code Sections 20104 – 20104. 6, after which time the one year time period in Government Code Section 911. 2 shall be, pursuant to Government Code Section 930. 2, reduced to 90 days. Should Contractor be terminated for default, and such termination is subsequently determined to be wrongful, such termination will be converted to a termination for convenience as provided herein.

2.07 Execution; Venue; Limitations. The Agreement shall be deemed to have been executed in San Mateo County, California. Enforcement of the Contract Documents shall be governed by the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in the Contract Documents, nothing in the Contract Documents shall operate to confer rights or benefits on persons or entities not party to the Agreement. As between the parties to the Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of Owner’s issuance of the final Certificate for Payment, or termination of the Contract Documents, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause.

2.08 Employee Wages; Records; Apprentices. Contractor shall pay prevailing wages to its employees on any contract in excess of $ 1,000. 00 ( one thousand dollars). Copies of the prevailing rate of per diem wages are on file at Owner’s principal office. Contractor shall comply with the 8-hours per day/ 40 hours per week/ overtime/ working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Section 1771. 4 (if applicable) and 1776, including ( if the Agreement is awarded on or after April 1, 2015 or continues on or after January 1, 2016) to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777. 5 in the hiring of apprentices for work relating to the Agreement. If the DocuSign Envelope ID: 3164AC0F- 7CEE- 4188- B342- 80CC0CC198DA

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Agreement exceeds $ 2,000 and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements.

2.09 Mandatory Contractor and Subcontractor Registration. Pursuant to Labor Code Section 1771( a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725. 5.

Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.

2.10 Worker’ s Compensation. Pursuant to Labor Code Sections 1860 and 1861, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that 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 Contractor shall comply with such provisions before commencing the performance of the Work.

2.11 Construction Performance Bond; Construction Labor and Materials Payment Bond; Securities in Lieu of Retention Escrow Account.

A. If Contract Sum under the Agreement exceeds ( or is expected to exceed) $ 25,000, Contractor shall provide a construction performance bond in form attached hereto as Appendix D – Construction Performance Bond, and a construction labor and material payment bond, in accordance with Civil Code Section 9550 and in form attached hereto Appendix E – Construction Labor and Materials Payment Bond. Contractor may not substitute cash in lieu of the required bond( s).

B. If the Agreement specifies performance retention, Contractor may elect to substitute securities or direct payment to an escrow account, pursuant to Public Contract Code Section 22300 ( incorporated herein by this reference).

2.12 Earthwork and Underground Facilities. If the Work involves digging trenches or other excavations that extend deeper than four feet below the surface, Contractor shall notify Owner in writing of any material that Contractor believes may be hazardous waste that is required to be removed in accordance law, subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to proposers prior to the deadline for submitting proposals, or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, pursuant to Section 7104 of the Public Contract Code. For any Work involving trench shoring that costs in excess of $ 25, 000, Contractor shall submit and Owner ( or a registered civil or structural engineer employed by Owner) must accept, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches, pursuant to Labor Code Section 6705. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Consistent with Government Code Section 4215, as between Owner and Contractor, Owner will be responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Site only if such utilities are not identified in the Contract Documents or information made available for proposing.

2.13 Protection Of Work, Persons, And Property
A. Contractor shall be responsible for initiating, maintaining and supervising all safety and site security precautions and programs in connection with Work, and shall develop and DocuSign Envelope ID: 3164AC0F- 7CEE- 4188- B342- 80CC0CC198DA

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implement a site security and safety plan throughout construction. Contractor shall comply with all safety requirements specified in any safety program established by Owner, or required by state, federal or local laws and ordinances. Contractor shall be responsible for all theft or damage to Work, property or structures, and all injuries to persons, either on the Site or constituting the Work ( e.g., materials in transit), arising from the performance of Work of the Contract Documents from a cause.

B. Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection.

Contractor shall notify Owners of adjacent property and of Underground Facilities and utility Owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property.

C. Contractor shall remedy all damage, injury or loss to any property referred to above in this Article, caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, supplier, or any other person or organization directly or indirectly employed by any of them to perform or furnish any Work or anyone for whose acts any of them may be liable.

Contractor’ s duties and responsibility for safety and for protection of Work shall continue until such time as all the Work is completed and Final Acceptance of the Work. Owner and its agents do not assume any responsibility for collecting any indemnity from any person or persons causing damage to Contractor’ s Work.

D. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.

E. Owner may, at its option, retain such moneys due under the Contract Documents as Owner deems necessary until any and all suits or claims against Contractor for injury to persons or property shall be settled and Owner receives satisfactory evidence to that effect.

F. Work within the right- of-way lines of the city and/ or Owner and/ or State shall be done in accordance with the standards and specifications of the controlling agency. Permit for such work shall be obtained and paid for by the Contractor before executing the work within such right- of-ways.

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Appendix C to Construction Services Agreement

INSURANCE

1. Commercial General Liability Insurance, written on an “occurrence” basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, liability for slander, false arrest and invasion of privacy, blanket contractual liability, broad form endorsement, and completed operations, personal and advertising liability, with limits of not less than $ 1,000, 000 general aggregate and $ 1,000, 000 each occurrence, subject to a deductible of not more than $ 1,000 payable by Contractor.

2. Business Automobile Liability Insurance with limits not less than $ 1,000, 000 each occurrence including coverage for owned, non- owned and hired vehicles, subject to a deductible of not more than $ 1,000 payable by Contractor.

3. Workers’ Compensation Employers’ Liability limits not less than $ 1,000, 000 each accident, 1,000, 000 per disease and $ 1,000, 000 aggregate. Contractor’ s Workers’ Compensation Insurance policy shall contain a Waiver of Subrogation against the City of Foster City, its officers, directors, officials, agents, employees and volunteers. In the event Contractor is self- insured, it shall furnish Certificate of Permission to Self- Insure signed by Department of Industrial Relations Administration of Self- Insurance, State of California.

4. Builder’s Risk Insurance including, without limitation, coverage against loss or damage to the Work by fire, lightening, wind, hail, aircraft, riot, vehicle damage, explosion, smoke, falling objects, vandalism, malicious mischief, collapse, and other such hazards as are normally covered by such coverage. Such insurance shall be in amount equal to the replacement cost without deduction for depreciation and subject to stipulated value in lieu of average clause) of all construction constituting any part of the Work, excluding the cost of excavations, of grading and filling of the land, and except that such insurance may be subject to deductible clauses not to exceed $ 10, 000 for any one loss. Such insurance will not cover loss or damage to Contractor’ s equipment, scaffolding or other materials not to be consumed in the construction of the Work. The insurer shall waive all rights of subrogation against Owner.

5. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/ or limits shall be available to the Owner as an additional insured. The requirements for coverage and limits shall be the greater of either the minimum coverage and limits specified in this Agreement or the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

6. In addition to any provisions required in clauses 1-5 above, insurance policies in Appendix C shall contain an endorsement containing the following terms ( excluding Workers Compensation insurance with respect to paragraph 6.01 below):

6.01 City of Foster City, its officers, directors, officials, agents, employees, and volunteers, shall be named as additional insureds, but only with respect to liability arising out of the activities of the named insured, and there shall be a waiver of subrogation as to each named and additional insured.

6.02 The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.

6.03 Written notice of cancellation, non- renewal or of any material change in the policies shall be mailed to Owner thirty ( 30) days in advance of the effective date thereof.

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6.04 Insurance shall be primary insurance and no other insurance or self- insured retention carried or held by any named or additional insureds other than Contractor shall be called upon to contribute to a loss covered by insurance for the named insured.

7. Certificates of Insurance and Endorsements shall have clearly typed thereon the Project Name, shall clearly describe the coverage and shall contain a provision requiring the mailing of written notices of cancellation described in clause 6.03 above.

8. All policies of insurance shall be placed with insurers acceptable to Owner. The insurance underwriter( s) must be duly licensed to do business in the State of California and ( other than for workers’ compensation) must have an A. M. Best Company rating of A-, VII or better.

Required minimum amounts of insurance may be increased should conditions of Work, in the opinion of Owner, warrant such increase. Contractor shall increase required insurance amounts upon direction by Owner.

9. The insurance coverage limits may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of Owner, to the extent required by this Agreement, before the Owner’s insurance or self- insurance may be called upon to protect Owner as a named insured.

10. All self- insured retentions ( SIR) must be disclosed to Owner for approval and shall not reduce the limits of liability coverage. Policies containing and SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Contractor/ named insured or Owner.

11. Contractor agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this Agreement that is required of Contractor including, without limitation, the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’ s work. Subcontractors hired by Contractor shall agree to be bound to Contractor and Owner in the same manner and to the same extent as Contractor is bound to Owner under this Contract and its accompanying documents. Subcontractors shall further agree to include these same provisions with any lower tier subcontractors. A copy of the indemnity and insurance provisions of this Agreement will be furnished to the Subcontractor upon request. Contractor shall require all subcontractors to provide a valid Certificate of Insurance and the required endorsements included in the subcontract agreement, and will provide proof of compliance to the Owner prior to commencement of any work by the subcontractor.

12. Contractor 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 Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, Owner at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.

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Appendix D to Construction Services Agreement

CONSTRUCTION PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

1. THAT WHEREAS, City of Foster City/ Estero Municipal Improvement District, a general law City and municipal corporation of the State of California ( Owner) has awarded to ( Name of Contractor)____________________________ as Principal a Construction Services Agreement dated the ___________ day of ___________, 20___ ( Agreement), titled SIDEWALK REPAIR & REPLACEMENT ( 2022- 2024) in the amount of $______________, which Agreement is by this reference made a part hereof, for the work described as follows:

Providing all labor, material, and equipment necessary to perform all work detailed in all work orders issued under this contract.

2. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement, guaranteeing the faithful performance thereof;

3. NOW, THEREFORE, we, the undersigned Principal and _________________________ as Surety are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM to be paid to Owner or its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

4. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, shall promptly and faithfully perform the covenants, conditions, and agreements of the Agreement during the original term and any extensions thereof as may be granted by Owner, with or without notice to Surety, and during the period of any guarantees or warranties required under the Agreement, and shall also promptly and faithfully perform all the covenants, conditions, and agreements of any alteration of the Agreement made as therein provided, notice of which alterations to Surety being hereby waived, on Principal’s part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify, defend, protect, and hold harmless Owner as stipulated in the Agreement, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect.

5. No extension of time, change, alteration, modification, or addition to the Agreement, or of the work required thereunder, shall release or exonerate Surety on this bond or in any way affect the obligation of this bond; and Surety does hereby waive notice of any such extension of time, change, alteration, modification, or addition.

6. Whenever Principal shall be and declared by Owner in default under the Agreement, Surety shall promptly remedy the default, or shall promptly:

6.01 Undertake through its agents or independent contractors, reasonably acceptable to Owner, to complete the Agreement in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, indemnities, and the payment of liquidated damages; or

6.02 Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and, upon determination by Owner of the lowest responsible bidder, reasonably acceptable to Owner, arrange for a contract between such bidder and Owner and make available as work progresses ( even though there should be a default or a succession of defaults under the contract or contracts of completion arranged DocuSign Envelope ID: 3164AC0F- 7CEE- 4188- B342- 80CC0CC198DA

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under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; but, in any event, Surety’s total obligations hereunder shall not exceed the amount set forth in the third paragraph hereof. The term “balance of the Contract Sum,” as used in this paragraph, shall mean the total amount payable by Owner to the Principal under the Agreement and any amendments thereto, less the amount Owner paid to Principal.

7. Surety’s obligations hereunder are independent of the obligations of any other surety for the performance of the Agreement, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the others. Surety may not use Contractor to complete the Agreement absent Owner’s written consent.

8. No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner or its successors or assigns.

9. Surety may join in any proceedings brought under the Agreement and shall be bound by any judgment.

10. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this _________ day of 20___.

CONTRACTOR AS PRINCIPAL SURETY
Company: ( Corp. Seal) Company: ( Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
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Appendix E to Construction Services Agreement

CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:

1. THAT WHEREAS, the City of Foster City/ Estero Municipal Improvement District, a general law City and municipal corporation of the State of California ( Owner) has awarded to Name of Contractor) _________________ as Principal a Construction Services Agreement, dated the ___________ day of ______________, 20 ____ ( Agreement), titled SIDEWALK REPAIR & REPLACEMENT ( 2022- 2024) located at Foster City, CA in the amount of which Agreement is by this reference made a part
hereof, for the work described as follows:

Providing all labor, material, and equipment necessary to perform all work detailed in all work orders issued under this contract.

2. AND WHEREAS, Principal is required to furnish a bond in connection with the Agreement to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;

3. NOW, THEREFORE, we, the undersigned Principal and
as Surety, are held and firmly bound unto Owner in the
sum of 100% OF THE CONTRACT SUM ($_________________), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

4. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Agreement, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to California Unemployment Insurance Code Section 13020 with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.

5. This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.

6. Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder.

7. Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with the Agreement; and suit may be brought against Surety and such other sureties, jointly DocuSign Envelope ID: 3164AC0F- 7CEE- 4188- B342- 80CC0CC198DA

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and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.

8. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this __________ day of 20___.

CONTRACTOR AS PRINCIPAL SURETY
Company: ( Corp. Seal) Company: ( Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code

END OF DOCUMENT
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Appendix F to Construction Services Agreement

SUPPLEMENTAL CONDITIONS
PART 1 - GENERAL

1.1 DEFINITIONS
Wherever in the specifications and other contract documents the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows:

A. City/ District or Owner: The City of Foster City/ Estero Municipal Improvement District.

B. Council: The City Council of the City of Foster City.

C. Board of Directors: The Board of Directors of the Estero Municipal Improvement District.

D. Proposer: Any individual, partnership, joint venture, or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

E. Contractor: The individual, partnership, joint venture, or corporation with whom the contract is made by the City/ District.

F. Engineer: The City/ District Engineer acting directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. See Paragraph 1.8 regarding the authority of the Engineer.

G. Manager: The City Manager or District Manager of the City of Foster City/ Estero Municipal Improvement District.

H. Days: Unless otherwise designated, days as used in the specifications will be understood to mean calendar days.

1.2 TRANSFER OF INTEREST
No interest in the contract shall be transferred to any other party without permission of the City/ District.

1.3 WORKING HOURS
A. Work or activity of any kind shall be limited to the hours from 8:00 AM to 4:00 PM, Monday through Friday, except as otherwise stipulated in the contract documents.

Work hours shall be limited to 9:00 AM to 3:30 PM on all Boulevards.

B. Work in excess of eight hours per day, on Saturdays, on Sundays, or on City/ District holidays requires prior consent of the Engineer and is subject to Cost of Overtime Construction Inspection.

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C. City/ District holidays are:

New Year’s Day
Martin Luther King' s Birthday
Presidents’ Day ( 3rd Monday in February)
Memorial Day ( last Monday in May)
Independence Day
Labor Day
Veteran' s Day
Thanksgiving Day and following Friday
Christmas Eve
Christmas Day
New Year' s Eve

1.4 SUBCONTRACTORS
A. When requested, the Contractor shall furnish the name and address of each subcontractor contracting directly with the Contractor, together with a statement showing the character and location of the work, time limit, if any, and if requested, the amount of money involved in each subcontract. Each subcontract shall contain a reference to the contract between the City/ District and the principal Contractor, and the terms of the contract and all parts thereof shall be made part of each subcontract insofar as applicable to the work covered thereby. Each subcontract shall provide for its annulment at the order of the Engineer, if, in the Engineer' s opinion, the subcontractor fails to comply with the requirements of the principal contractor insofar as the same may be applicable to the Contractor' s work.

B. Nothing contained in this Specification shall be construed as creating any contractual relationship between any subcontractor and the City/ District. The sections of this Specification are not intended to control the Contractor in dividing the work among subcontractors or to limit the work performed by any trade.

C. The Contractor shall be considered the employer of and as fully responsible to the City/ District for the acts and omissions of subcontractors and of persons employed by them as the Contractor is for the acts and omissions of persons directly employed by the Contractor.

D. The Contractor shall be responsible for the coordination of the trades, subcontractors, and material personnel engaged upon the Contractor' s work. It shall be the Contractor' s duty to see that all of the subcontractors commence their work at the proper time and carry it on with due diligence so that they do not delay or injure either the work or materials; and that all damage caused by them or their workers is made good by them or by the Contractor at the Contractor' s expense.

E. The City/ District will not undertake to settle differences between the Contractor and their subcontractors or between subcontractors.

F. The Contractor shall utilize the services of specialty subcontractors, without additional expense to the City/ District, on those parts of the work which are specified to be performed by specialty contractors.

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CHANGES
A. General:

The City/ District reserves the right to make such alterations, deviations, additions to or deletions from the drawings and specifications, including the right to increase or decrease the quantity of any item or portion of work or to omit any item or portion of the work, and to require such changes in the work as are determined by the Engineer to be necessary or advisable for proper completion or construction of the whole work contemplated.

Work will be issued to the Contractor as a Work Order on an as- needed basis during the two year contract period. Each Work Order will identify the location and type of work to be performed, the effective date for commencement of work, specific work item quantities and the Work Order amount based on the unit prices listed in the Contractor’ s Proposal Schedule. The Contractor shall complete any given work order within thirty ( 30) calendar days of commencement of work.

B. Increases or Decreases in Unit Price Quantities:

1. Increased or Decreased Quantities:

Increases or decreases in the quantity of a contract item of work will be determined by comparing the quantity of work as listed in the proposal schedule with the actual quantity of work performed by the Contractor, as measured by the Engineer. The City shall have the right to make changes in the plans and/ or specifications and the Contractor shall perform the work as changed.

No adjustment to the unit price for any item in the Proposal Schedule shall be made in the event the number of repair locations are increased or decreased from the scheduled maintenance program. All work performed shall be measured and paid based on the contract unit price included in the proposal schedule.

2. Eliminated Items:
a. The City of Foster City reserves the right to eliminate any of the scheduled work. The unit price shall not be subject to change based on the deletion of work.

Should any contract item of the work be eliminated in its entirety, unless otherwise provided for in the contract, payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination.
a. If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the City/ District and DocuSign Envelope ID: 3164AC0F- 7CEE- 4188- B342- 80CC0CC198DA

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the actual cost of any further handling will be paid for. If the material is returnable to the vendor and if the Engineer so directs, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for. Written documentation of costs of cancellation or return must be submitted.
b. The actual costs or charges to be paid by the City/ District to the Contractor as provided in this section will be computed based on the unit prices listed in the Proposal Schedule.

C. Protest Procedure ( Change Orders):

1. Should the Contractor disagree with any terms or conditions set forth in an approved change order which the Contractor has not executed, the Contractor shall submit a written protest to the Engineer within 15 calendar days after the receipt of such approved contract change order. The protest shall state the points of disagreement, contract references, quantities, and costs involved. The Engineer shall consider and investigate such protest within a reasonable time. If a written protest is not submitted, adjustment of the contract time and payment will be made as set forth in the approved contract change order and shall constitute full compensation for all work included therein or required thereby. An unprotested change order will be considered as an executed contract change order.

2. When the protest concerning an approved change order relates to compensation, the Contractor shall keep full and complete records of the costs of such work and shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work.

3. When the protest concerning an approved work order relates to the adjustment of contract time for the completion of the work, the time to be allowed will be determined as provided in Paragraph 1.15 of this section.

D. Extra Work:

Extra work will not be paid for unless ordered in writing by the Engineer. When authorized, extra work will be paid for in accordance with the Proposal Schedule or by a negotiated adjustment.

E. REPORTING, INVOICING, AND PAYMENT

1. All work shall be reported monthly upon Total Work Order Sheets furnished by the Engineer to the Contractor and signed by both parties, which monthly reports shall thereafter be considered the true record of work done.

2. Contractor shall submit a record of work completed with each payment request.

Record of work shall include detailed invoices. Those not so detailed will not be processed for payment until details are furnished.

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3. Completed work shall be paid for on a monthly basis by Contract Change Order.

1.5 COST OF OVERTIME CONSTRUCTION INSPECTION
Overtime construction work performed at the option of, or for the convenience of, the Contractor will be inspected by the City/ District at the expense of the Contractor. For any such overtime beyond the regular 8-hour day and for any time worked on Saturday, Sunday, or holidays, the charges for City/ District personnel will be as shown in the currently adopted rate schedule, available at the Public Works office.

There will be no charges for the inspection of overtime work ordered by the Engineer.

1.6 CHANGES AT THE CONTRACTOR' S REQUEST
If the Contractor, on account of conditions developing during the progress of the work, finds it impracticable to comply strictly with this Specification and applies in writing for a modification of the requirements or of methods of work, such change may be authorized by the Engineer, if not detrimental to the work and if without additional cost to the City/ District. The Contractor' s written request for deviation shall be submitted prior to the start of affected work with enough time allowed to give the Engineer a reasonable review period. Only written authorization from the Engineer will permit deviations from the specifications.

1.7 AUTHORITY OF THE ENGINEER
A. On all questions concerning the acceptability of material or machinery, the classification of material, the execution of the work, and conflicting interests of contractors performing related work, the decision of the Engineer shall be final and binding upon both parties, except in the case of gross error.

B. The Engineer will make periodic observations of materials and completed work to observe their compliance with plans, specifications, and design and planning concepts, but the Contractor shall be responsible for the superintendence of construction processes, coordination of subcontractors or materials, site conditions, operations, equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of the work.

C. Authority and Duties of Engineer' s Field Representatives:

1. Field representatives of the Engineer may be stationed on the project site to report to the Engineer as to the progress of the work, the manner in which it is being performed, and to report whenever it appears that material furnished and work performed by the Contractor fail to fulfill the requirements of the contract documents. The representative may direct the attention of the Contractor to such failure or infringement but such construction review shall not relieve the Contractor from any obligation to furnish acceptable materials or to provide completed construction in a safe and satisfactory manner in every particular.

2. In case any dispute arises between the Engineer' s field representative and the Contractor as to materials furnished or the satisfactory performance of DocuSign Envelope ID: 3164AC0F- 7CEE- 4188- B342- 80CC0CC198DA

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the work, the representative shall have the authority to reject materials or recommend suspension of the work by the Engineer until the question and issue can be referred to and decided by the Engineer. Such authority, however, shall not give rise to any duty on the part of Engineer' s field representative to exercise this right for the benefit of Contractor or any other party. Field representatives are not authorized to revoke, alter, enlarge, relax or release any requirements of the contract documents nor to issue instructions contrary to the contract documents. Field representatives shall in no case act as foremen, superintendents, or perform other duties for the Contractor or interfere with the management of the work by the Contractor.

1.8 INSPECTION BY CITY/ DISTRICT, QUALITY ASSURANCE BY CONTRACTOR,

TESTING
A. All materials furnished and work done under this contract will be subject to inspection. The Contractor shall furnish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining them, as requested by the Engineer. Work or material that does not conform to the specifications may be rejected at any stage of the work notwithstanding previous inspections by the Engineer.

B. Quality control of the work to ensure compliance with the contract documents is the responsibility of the Contractor. Testing and inspection of the work, or the lack thereof, by the City/ District does not relieve the Contractor of the responsibility to provide a quality assurance program to ensure compliance with the contract documents.

C. The Engineer may perform or have the Contractor perform tests of material and equipment to demonstrate compliance with the contract documents. If such tests were not required to be performed by the Contractor by the contract documents, the cost of testing will be paid for by the City/ District when tests show that materials or equipment comply with the contract documents, and shall be paid for by the Contractor when tests show that materials or equipment fail to comply with the contract documents.

1.9 DATA TO BE FURNISHED BY THE CONTRACTOR
The Contractor shall furnish the Engineer reasonable facilities for obtaining such information as the Engineer may desire respecting the character of the materials and the progress and manner of work, including information necessary to determine its costs, such as the number of personnel employed, their pay, the time during which they worked on the various classes of construction, and other pertinent data.

1.10 SUPERINTENDENCE
A. The Contractor shall designate in writing before starting work one authorized representative who shall have the authority to represent and act for the Contractor.

B. Said authorized representative shall be present at the site of the work at all times while work is actually in progress on the contract. When work is not in progress DocuSign Envelope ID: 3164AC0F- 7CEE- 4188- B342- 80CC0CC198DA

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and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required. The superintendent or foreman in charge shall be deemed to be the authorized representative of the Contractor and accepts such orders on behalf of the Contractor.

1.11 SPECIFICATIONS AND DRAWINGS
The Contractor shall keep on the work a copy of all specifications, drawings, and change orders pertaining to the work and shall at all times give the Engineer access thereto.

Anything mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications shall be of like effect as though shown or mentioned in both.

1.12 LINES, GRADES, AND MEASUREMENTS
All lines and grades shall be established by the Contractor. The cost of surveying to establish lines and grades shall be included in the various items of work and no separate payments will be made.

1.13 RIGHT OF WAY
A. The site for the installation of equipment or the right of way for the works to be constructed under this contract will be provided by the City/ District.

B. The City/ District will provide the appropriate rights of way and property for pipelines and structures. The Contractor will be held responsible for any damage to structures, streets, and roads, and for any damage that may result from the Contractor' s use of City/ District property.

C. In case areas in addition to those available on the City/ District' s right of way or property are required by the Contractor for the Contractor' s operations, the Contractor shall make arrangements with the property owners for the use of such additional areas at the Contractor' s own expense.

1.14 DELAYS AND EXTENSION OF TIME
A. If any delay having a direct effect on the work is caused by factors within the Contractor' s control, it is non- excusable and the Contractor will not be entitled to compensation for damages resulting directly or indirectly therefrom, or for any extension of time.

B. If any delay having a direct effect on the work is caused by unusually severe weather conditions, including periods exceeding the " Normal Rainfall Days", or by strikes, or act of God, such delay may be excusable and may entitle the Contractor to an equivalent extension of time, provided that the Contractor has taken reasonable precautions to foresee and prevent delays due to such causes and provided that the Contractor has notified the Engineer in writing of the causes of the delay within 7 calendar days from the beginning of any such delay. In such event the Contractor shall be entitled to time only. Additional costs incurred DocuSign Envelope ID: 3164AC0F- 7CEE- 4188- B342- 80CC0CC198DA

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because of the delay will be paid for by the Contractor at no additional cost to the City/ District.

1. No extension of time will be granted for normal rainfall. However, during the specified contract time, a day- for-day extension of time will be given for each day the rainfall is in excess of 0.1 inch of rain when the total number of rainy days ( 0.1 inch or greater) exceed the normal based on monthly precipitation records for the previous 10-year period from the weather recording station at the San Francisco International Airport.

Normal number of rain days for which rainfall has exceeded 0.1 inches for the 10- year period from 2010 to 2019 is as follows:

Jan Feb Mar Apr May Jun July Aug Sept. Oct. Nov. Dec.
5 7 7 3 1 1 0 0 0 2 5 6
C. If any delay having a direct effect on the work is caused by the specific orders of the Engineer to stop work, or by the performance of extra work ordered by the Engineer, or by failure of the City/ District to provide material, or necessary instructions for carrying on the work, or to provide the necessary right of way or site for installation, or failure of a utility to remove or relocate an existing facility, such delay may be compensable and may entitle the Contractor to an equivalent extension of time, and may entitle the Contractor to damages resulting directly from any of the causes of delay hereinabove specified or from delays or hindrances to the work, provided that the Contractor has taken reasonable precautions to prevent delays due to such causes and provided that the Contractor has notified the Engineer in writing of the causes of the delay within 10 calendar days from the beginning of any such delay.

C. When a Contractor experiences two concurrent delays, one compensable and the other non- compensable, no compensation other than time extensions will be allowed.

E. An extension of time must be approved by the Engineer to be effective, but an extension of time whether with or without consent of the sureties, shall not release the sureties from their obligations, which shall remain in full force until the discharge of the contract.

1.15 CLIMATIC CONDITIONS
The Engineer may order the Contractor to suspend any work that may be subject to damage by climatic conditions. In such event the Contractor shall be entitled to time only.

Additional costs incurred because of the delay will be paid for by the Contractor at no additional cost to the City/ District. When delay is caused by an order to suspend work given on account of climatic conditions that could have been reasonably foreseen, the Contractor will not be entitled to any extension of time on account of such order.

1.16 ROADS AND FENCES
Roads subject to interference from the work covered by this contract shall be kept open, and the fences subject to interference shall be kept up by the Contractor until the work is finished.

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1.17 INFRINGEMENT OF PATENTS
The Contractor shall hold and save the City/ District, its officers, agents, servants, and employees harmless from and against all and every demand or demands, of any nature or kind, for or on account of the use of any patented invention, process, equipment, article, or appliance employed in the execution of the work or included in the material or supplies agreed to be furnished under the contract, and should the Contractor, the Contractor' s agents, servants, or employees, or any of them, be enjoined from furnishing or using any inventions, processes, equipment, articles, materials, supplies, or appliances supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the Engineer. Or in the event that the Engineer elects, in lieu of such substitution, to have supplied, and to retain and use, any such inventions, processes, equipment, articles, materials, supplies, or appliances, as may by this contract be required to be supplied and used, the Contractor shall at the Contractor' s expense pay such royalties and secure such valid licenses as may be requisite and necessary to enable the City/ District, its officers, agents, servants, and employees, or any of them, to use such inventions, processes, equipment, articles, materials, supplies, or appliances without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse promptly to make the substitution hereinbefore required, or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid, then in that event the Engineer shall have the right to make such substitution, or the City/ District may pay such royalties and secure such licenses and charge the cost thereof against any money due the Contractor from the City/ District, or recover any amount thereof from the Contractor and the Contractor' s surety, notwithstanding final payment under this contract may have been made.

1.18 PROTECTION OF PERSONS AND PROPERTY
A. Contractor' s Responsibility:

Notwithstanding any other provision of these specifications, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property, during performance of the work. This requirement will apply continuously and will not be limited to normal working hours. Safety and sanitary provisions shall conform to applicable Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of these are in conflict, the more stringent requirement shall be followed.

B. Public Safety:

During the performance of the work, the Contractor shall erect and maintain all necessary temporary fences, bridges, railings, lights, signals, barriers, or other safeguards as shall be appropriate under the circumstances in his judgment for the prevention of accidents; and the Contractor shall take other precautions as necessary for public safety including, but not limited to, traffic control.

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C. Engineer' s Responsibility:

1. The Engineer' s review of the Contractor' s construction performance is not intended to include review of the adequacy of the Contractor' s safety or sanitary measures in, on, or near the construction site. The City/ District assumes no responsibility for the inspection of safety precautions or for the enforcement of safety precautions required by law.

2. The Engineer may suspend operations if the Contractor determines that an imminent safety hazard exists.

1.19 CONTRACTOR' S FINANCIAL OBLIGATION
The Contractor shall promptly make payments to all persons supplying labor and materials in the execution of the contract.

1.20 PROTESTS - CONTRACT REQUIREMENTS
A. If work demanded of the Contractor is considered by the Contractor to be outside the requirements of the contract, or if the Contractor considers any record or ruling of the Engineer or any inspector to be unfair, the Contractor shall immediately upon such work being demanded or such record or ruling being made, ask for written instructions or decision, whereupon the Contractor shall proceed without delay to perform the work or conform to the record or ruling. If the Contractor still wishes to protest, the Contractor shall, within 15 calendar days after receipt of same, file a written protest with the Engineer, stating clearly and in detail the Contractor' s objections and reasons therefor. Except for such grounds or protest or objections as are made of record in the manner specified and within the time stated herein, the Contractor hereby waives all grounds for protest or objections to the records, rulings, instructions, or decisions of the Engineer, and hereby agrees that as to all matters not included in such protests, the records, instructions, and decisions of the Engineer shall be final and conclusive.

B. No later than thirty ( 30) calendar days following the submission of a protest in accordance with subsection A, the Contractor shall submit to the Engineer his claim concerning the matter so noticed. The claim shall set forth clearly and in detail, for each item of additional compensation or time adjustment claimed, the reasons for the claim, references to applicable provisions of the specifications, the nature and amount of cost or time involved, or both, the computations used in determining such cost or time, or both, and all other pertinent factual data. The Contractor shall furnish such clarification and further available information and data as may be requested in writing by the Engineer within the time specified in such request. In addition, the Contractor shall maintain complete and accurate daily records of the cost of any portion of the work for which additional compensation is claimed, and shall give the Engineer access thereto or certified copies thereof as requested.

C. Any decision, order, instructions, notice, or act or omission of the Engineer for which the Contractor has submitted a protest shall be final and conclusive on the Contractor if the Contractor fails to submit or document a claim with respect thereto in the manner and within the times above stated, and such failure shall constitute a waiver of all claims in connection therewith, whether direct or consequential in DocuSign Envelope ID: 3164AC0F- 7CEE- 4188- B342- 80CC0CC198DA

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nature, provided that the Engineer may, if the Contractor shows good cause, and if the interests of the City/ District will not be prejudiced, consider and decide a properly documented claim on its merits notwithstanding the Contractor' s failure to submit it within the time above stated. The foregoing provision shall create no right to the Contractor, and failure or refusal of the Engineer to exercise the Engineer' s authority thereunder shall not be subject to claim by the Contractor.

1.21 CONTRACTOR' S RESPONSIBILITIES FOR LOSSES OR LIABILITIES A. Risk of Loss:

Except as otherwise provided in the contract documents and except as to the cost of repair or restoration of damage to the work caused by an act of God as that term is defined in Section 7105 of the Public Contract Code of the State of California, the Contractor shall bear all losses resulting to the Contractor on account of the amount or character of the work, or from any unforeseen obstructions or difficulties which may be encountered, or from any encumbrances on the line of the work, or because the nature of the ground in or on which the work is done is different from what is assumed, or on account of the weather, or floods, or other causes.

B. Materials and Facilities:

1. The Contractor shall be responsible for materials and facilities as hereinafter provided and in the event of the Contractor' s failure to carry out said responsibilities, the same may be carried out by the City/ District at the expense of the Contractor.
a. The Contractor shall be responsible for any material furnished the Contractor and for the care of all work until its completion and final acceptance, and the Contractor shall at the Contractor' s own expense replace damaged or lost material and repair damaged parts of the work.
b. The Contractor shall protect the City/ District facilities from damage resulting from the Contractor' s work. City/ District facilities damaged by or as a result of the Contractor' s work under this contract shall be repaired or replaced, as directed by the Engineer, at the Contractor' s expense.
c. The Contractor shall remove from the vicinity of the completed work all buildings, rubbish, unused material, concrete forms, and other materials belonging to the Contractor or used under the Contractor' s direction during construction.

1.22 CONTRACTOR USE OF PREMISES
A. Confine operations at site to areas permitted by the contract documents.

B. Do not encumber site with excessive material or equipment.

C. Do not impose any load on any structure that will damage or endanger structure.

D. Take precautions necessary to prevent annoyance to occupants adjacent to or in the vicinity of the work.

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1.23 COOPERATION WITH OTHER WORK FORCES
A. Other Contractors, other utilities and public agencies or their Contractors, other City/ District Contractors, and City/ District personnel may be working in the vicinity during the project construction period.

B. There may be some interference between these activities and the work under this Specification. The Contractor shall cooperate and coordinate their work with that of other work forces to assure timely contract completion.

C. Coordinate all activities in and around repair locations.

D. Any costs for providing cooperation with other work forces shall be considered as included in the proposal price for the various contract items of work and no separate payment will be made therefor.

1.24 PRECONSTRUCTION CONFERENCE
A. A preconstruction conference will be held at the time and place designated by the Engineer.

B. The Contractor shall be present or be represented by an agent with authority to act for the Contractor and in responsible charge of the work to be accomplished.

1.25 MATERIAL AND WORKMANSHIP
A. Omissions from the Plans and Specifications:

Where the plans or specifications describe portions of the work in general terms, but not in complete detail, it is understood that the Contractor shall provide and install such materials as necessary for a complete and functional facility at no additional cost to the City/ District. All work shall be done and workmanship completed consistent with the quality of work standard for the industry for commercial work, notwithstanding any omission from the specifications or the drawings. It shall be the duty of the Contractor to call attention to apparent errors and omissions and request instructions before proceeding with the work. The Engineer may, by appropriate instructions, correct errors and omissions, which instructions shall be as binding upon the Contractor as though contained in the original specifications or drawings.

B. Compliance with Jurisdictional Agency Requirements:

All work performed under this Specification may be inspected as provided in Paragraph 1.9. All work performed within city or county streets or State of California freeway rights of way shall meet the requirements of the agency having jurisdiction.

All materials furnished and all work done must be satisfactory to the Engineer.

Work, material, or equipment not in accordance with the contract documents shall be made to conform thereto. Unsatisfactory material and equipment will be rejected, and if so ordered by the Engineer, shall, at the Contractor' s expense, be immediately removed from the vicinity of the work.

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1.26 SATURDAY, SUNDAY, AND HOLIDAY WORK
Without the written consent of the Engineer, no installation or construction work shall be done on Saturdays, Sundays, or holidays. Holidays are defined as City/ District holidays which are listed in Section 1.3 of Appendix F in the Contract Services Agreement.

1.27 COOPERATION
The City/ District reserves the right to perform other work at or near the site at any time by the use of its own forces or other contractors. The Contractor shall coordinate their work and cooperate with City/ District forces and other contractors to the end that any delay or hindrance to their work will be avoided.

1.28 AGREEMENTS WITH ADJACENT PROPERTY OWNERS
Agreements with property owners for spoiling excavated material, storing materials, or other purpose related to the work shall be made in writing and a copy submitted to the Engineer for their information.

1.29 EMERGENCY WORK
A. During Working Hours:

In case of an emergency which threatens loss or injury of property, and/ or safety of life during working hours, the Contractor shall act, without previous instructions from the City/ District, as the situation may warrant. The Contractor shall notify the Engineer of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantial documents in regard to expense, shall be submitted to the Engineer within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as extra work.

B. Outside Working Hours:

Whenever in the opinion of the City/ District there shall arise outside of the regular working hours on the contract work, an emergency involving utility services to the public or danger to public safety, the City/ District' s forces may choose to handle such emergency work. If such emergency arises out of or is the result of operations by the Contractor, the cost of the corrective measures will be billed to the Contractor and deducted from their payment as provided in the contract documents. The performance of emergency work by City/ District forces will not relieve the Contractor of any of his responsibilities, obligations, or liabilities under the contract.

1.30 CONFLICT AMONG DRAWINGS, SPECIFICATIONS, AND/ OR STANDARDS In case of conflict among contract documents, the document of highest precedence shall prevail. The descending order of precedence shall be:

1. Permits and Agreements with Other Agencies

2. City/ District Codes

3. Technical Specifications

4. Contract Requirements
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5. Project Drawings

6. City/ District Standards
a. Specifications
b. Drawings

7. Referenced Specifications and Standards

8. Referenced Drawings

1.31 FIRE PROTECTION
A. The Contractor shall provide access to all fire hydrants located along the line of their work. Such access shall meet the approval of the City/ District Public Safety Department, and should it be necessary to close a portion of a street for a limited time, such street shall not be closed until the Contractor has the approval of said Department.

B. The City/ District Public Safety Department shall be notified when a street is opened after it has been closed.

C. Approval shall be obtained from that Department for the use of any fire hydrant.

1.32 ORDER OF WORK
A. When required by specifications or plans, the Contractor shall follow the sequence of operations as set forth therein.

B. Full compensation for conforming to such requirements will be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.

1.33 DIFFERING SITE CONDITIONS
A. The Contractor shall promptly, and before the following conditions are disturbed, notify the City/ District, in writing, of any:

1. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

B. The City/ District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor' s cost of, or the time required for, performance of any part of the work, the City/ District shall issue a change order under the procedures described in the contract.

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C. In the event that a dispute arises between the City/ District and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor' s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

1.34 PROCEDURES FOR FILING AND RESOLVING CLAIMS
A. The following procedures are established for all civil actions filed to resolve claims subject to this article in accordance with the State of California, Public Contract Code, Section 20104. 4.

1. Within 60 days, but no earlier than 30 days, following the filing of responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

1. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1142. 10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141. 11 of that code. The Civil Discovery Act of 1986 ( Article 3 commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules and pertaining to judicial arbitration.

2. In addition to Chapter 2.5 (commencing with Section 1141. 10) of Title 3 of Part 3 of the Code of Civil Procedure, ( a) arbitrators shall, when possible, be experienced in construction law, and ( b) any party appealing an arbitration award who does not obtain a more favorable judgment shall in addition to payment of costs and fees under that chapter, also pay the attorney' s fees on appeal of the other party.

1.35 PROCEDURES FOR CIVIL ACTIONS FILED TO RESOLVE CLAIMS A. The following procedures are established for all civil actions filed to resolve claims subject to this article in accordance with the State of California, Public Contract Code, Section 20104. 4.

1. Within 60 days, but no earlier than 30 days, following the filing of responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from DocuSign Envelope ID: 3164AC0F- 7CEE- 4188- B342- 80CC0CC198DA

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the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1142. 10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141. 11 of that code. The Civil Discovery Act of 1986 ( Article 3 commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules and pertaining to judicial arbitration.

3. In addition to Chapter 2.5 (commencing with Section 1141. 10) of Title 3 of Part 3 of the Code of Civil Procedure, ( a) arbitrators shall, when possible, be experienced in construction law, and ( b) any party appealing an arbitration award who does not obtain a more favorable judgment shall in addition to payment of costs and fees under that chapter, also pay the attorney' s fees on appeal of the other party.

1.36 PERMITS AND LICENSES
A. The Contractor shall secure and pay for, as necessary for proper execution and completion of work:

1. All permits, including CAL/ OSHA excavation permit, not specifically furnished by the City/ District.

4. Government fees.

5. Licenses.

6. Certifications.

7. Business License from the City of Foster City.

8. Building, Plumbing, and Electrical Permits from the City of Foster City.

B. Give required notices as required by the permits prior to work.

C. Comply with codes, ordinances, rules, regulations, orders, and other legal requirements of public authorities which bear on performance of work.

D. Provide copies of all permits to the Engineer prior to work.

1.37 EQUAL EMPLOYMENT OPPORTUNITY POLICY
It is the policy of the City/ District that all qualified persons shall be afforded equal opportunities of employment on any public works contract entered into with the City/ district. To prohibit discrimination because of race, color, religion, sex or national origin, all proposers shall be prepared to demonstrate that they and their subcontractors have undertaken a continuing program to promote the full realization of equal employment opportunities.

1.38 OWNER' S RIGHT TO CORRECT DEFICIENCIES
If the Contractor should neglect to prosecute the work properly in accordance with the contract documents, the owner, after 10 consecutive calendar days following written notice to the contractor and their surety may, without prejudice to any other remedy the DocuSign Envelope ID: 3164AC0F- 7CEE- 4188- B342- 80CC0CC198DA

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owner may have, and without declaring the contract in default or terminating the contract, correct such deficiencies in work intended to become a permanent part of the project, and may deduct the cost thereof from the payment then or thereafter due the Contractor or the entire cost thereof shall be paid by the Contractor or the Contractor' s surety. The owner reserves the right to take over work in the event of an emergency.

END OF DOCUMENT *
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SIDEWALK REPAIR AND REPLACEMENT ( 2020- 2022)

PAYROLL CERTIFICATION FORM
I, ____________________, the undersigned, am ______________________________, Name – Please Print)
with the authority to act for ________________________________________________ Position in Business)
for and on behalf of ______________________________________________________ Name of Business and/ or Contractor)
do hereby certify under penalty of perjury that the payroll records or copies thereof hereby submitted, consisting of __________________________ ( Description, # of ___________ , are the originals, or true, full, and Pages) correct copies of the originals, which correctly depict the craft or type of work performed, hours and days worked, prevailing wage rates, and disbursements, by cash, check or other form, to the individual or individuals named.

DATE: ___________________ SIGNATURE ________________________________ DocuSign Envelope ID: 3164AC0F- 7CEE- 4188- B342- 80CC0CC198DA

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DIVISION 1

GENERAL AND TECHNICAL

REQUIREMENTS
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DOCUMENT 01010

SUMMARY OF WORK
PART 1 - GENERAL
The work covered under this contract will be performed at various locations throughout the City of Foster City, California.

1.01 DESCRIPTION OF PROJECT
Sidewalk Repair and Replacement ( 2020- 2022)

1.02 WORK OF THIS CONTRACT
The work to be performed, in general, consists of removing and replacing damaged sections of existing concrete sidewalk, curb, gutter, curb ramp, and driveway; asphalt concrete pavement tie-in; curb inlet replacements and minor concrete repair surrounding curb inlet lid replacements. The work shall include traffic control, saw cutting, excavation, backfilling, compaction, installation of root barriers, asphalt patching, asphalt conforms adjacent to new gutters, and clearing and grubbing. Locations of work will be throughout the City of Foster City.

Project Areas
The City will call out the Contractor to repair/ replace a section of sidewalk or length of curb or gutter, or perform other concrete repairs as listed in Part 3— Proposal Schedule at one or more locations. There will be no minimum quantities for work. The quantities may not be continuous sections. Instead, they may be the sum total of small sections on various streets.

The City of Foster City reserves the right to add or delete any work. All work performed shall be measured and paid based on the contract unit prices identified in Part 3--Proposal Schedule.

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DOCUMENT 01025

MEASUREMENT AND PAYMENT
PART 1--GENERAL

1.01 DESCRIPTION
Payment will be made on a lump sum basis or unit price basis or combination thereof, as set forth below:

1.02 SCHEDULE OF COSTS FOR LUMP- SUM PAYMENT

NOT USED

1.03 MEASUREMENT OF QUANTITIES FOR UNIT PRICE PAYMENT
A. All work to be paid for at a contract price per unit of measurement will be measured by the ENGINEER in accordance with United States Standard Measures. Material paid for by weight shall be weighed on scales furnished by and at the expense of the Contractor. All scales shall be regularly inspected and sealed by the Division of Measurement Standards or its designated representative.

B. When required by the ENGINEER, the operator of each vehicle weighed shall obtain a weight or load slip from the weigher and deliver said slip to the ENGINEER at the point of delivery of the material.

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1.04 ( NOT USED)

1.05 PARTIAL PAYMENT FOR STORED MATERIALS
A. The Contractor shall receive no additional compensation for materials stored on site.

1.06 MEASUREMENT AND PAYMENT OF PROPOSAL ITEMS
A. SIDEWALK REPLACEMENT
SIDEWALK REPLACEMENT shall be measured by the square foot of actual concrete installed.

The contract price paid for concrete sidewalk shall be measured and paid for on a square foot basis. The unit price paid per square foot of sidewalk shall include full compensation for mobilization, site preparation and site clean- up, installation of concrete sidewalk, removal and disposal of existing sidewalk, excavation and grading, root pruning, backfilling, compaction, addition of lamp black paint, pedestrian and traffic control, and restoration of any damages including furnishing all labor, materials, tools, equipment and incidentals necessary to do all the work involved thereof and as directed by the Engineer, complete, in place, and accepted, and no additional compensation will be allowed therefore.

B. STANDARD CURB AND GUTTER WITH 2 FOOT WIDE ASPHALT CONCRETE

CONFORM
STANDARD CURB AND GUTTER WITH 2 FOOT WIDE ASPHALT CONCRETE CONFORM shall be measured by the linear foot of actual concrete installed.

The contract price for STANDARD CURB AND GUTTER WITH 2 FOOT WIDE ASPHALT CONCRETE CONFORM shall be measured and paid for on a linear foot basis. The unit price paid per linear foot of concrete curb and gutter shall include full compensation for mobilization, site preparation and site clean- up, installation of concrete curb and gutter, removal and disposal of existing curb and gutter, excavation and grading, root pruning, backfilling, compaction, addition of lamp black paint, two ( 2) foot wide asphalt concrete conform, pedestrian and traffic control, and restoration of any damages including furnishing all labor, materials, tools, equipment and incidentals necessary to do all the work involved thereof and as directed by the Engineer, complete, in place, and accepted, and no additional compensation will be allowed therefore.

C. ROOT BARRIER
ROOT BARRIER shall be measured by the linear foot of actual root barrier installed.

The contract price paid for ROOT BARRIER shall be measured and paid for on a linear foot basis. The unit price paid per linear foot of root barrier shall include full compensation for site preparation and site clean- up, trench excavation, root pruning, backfilling, and restoration of any damages including furnishing all labor, materials, tools, equipment and incidentals necessary to do all the work involved thereof and as DocuSign Envelope ID: 3164AC0F- 7CEE- 4188- B342- 80CC0CC198DA

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directed by the Engineer, complete, in place, and accepted, and no additional compensation will be allowed therefore.

D. MINOR CONCRETE REPAIR ( REINFORCED STORM DRAIN CURB INLET LID)

MINOR CONCRETE REPAIR ( REINFORCED STORM DRAIN CURB INLET LID) shall be measured per each as described in the specifications.

The contract price paid for MINOR CONCRETE REPAIR ( REINFORCED STORM DRAIN CURB INLET LID) shall be measured and paid for on a per each basis. The unit price paid per each curb inlet lid, shall include the cost of pre- cast concrete lid sections, replacement of adjacent flags of sidewalk, and doing all work required and furnishing all labor, materials, equipment and incidentals necessary to complete the work and as directed by the Engineer and no additional compensation will be allowed therefore.

E. RESIDENTIAL DRIVEWAY
RESIDENTIAL DRIVEWAY shall be measured by the square foot of actual concrete installed.

The contract price paid for RESIDENTIAL DRIVEWAY shall be measured and paid for on a square foot basis. The unit price paid per square foot of concrete driveway shall include full compensation for mobilization, site preparation and site clean- up, installation of concrete driveway, removal and disposal of existing driveway, excavation and grading, root pruning, backfilling, compaction, addition of lamp black paint, two ( 2) foot wide asphalt concrete conform, pedestrian and traffic control, and restoration of any damages including furnishing all labor, materials, tools, equipment and incidentals necessary to do all the work involved thereof and as directed by the Engineer, complete, in place, and accepted, and no additional compensation will be allowed therefore.

F. COMMERCIAL DRIVEWAY
COMMERCIAL DRIVEWAY shall be measured by the square foot of actual concrete installed.

The contract price for COMMERCIAL DRIVEWAY shall be measured and paid for on a square foot basis. The unit price paid per square foot of concrete driveway shall include full compensation for mobilization, site preparation and site clean- up, installation of concrete driveway with welded wire mesh, removal and disposal of existing driveway, excavation and grading, root pruning, backfilling, compaction, addition of lamp black paint, two ( 2) foot wide asphalt concrete conform, pedestrian and traffic control, and restoration of any damages including furnishing all labor, materials, tools, equipment and incidentals necessary to do all the work involved thereof and as directed by the Engineer, complete, in place, and accepted, and no additional compensation will be allowed therefore.

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G. CURB RAMP
CURB RAMP shall be measured per each.

Proposal Items numbered seven ( 7) through thirteen ( 13) are for seven types of curb ramp replacement. The contract price for CURB RAMP shall be measured and paid for on a per each basis. The unit price paid per curb ramp shall include full compensation for mobilization, site preparation and site clean- up, installation of curb ramp, removal and disposal of existing curb ramp, excavation and grading, root pruning, backfilling, compaction, addition of lamp black paint, two ( 2) foot wide asphalt concrete conform, proof- rolling, forms, joints, concrete placement, concrete finishing, detectable warning surface mats, concrete protection and curing, pedestrian and traffic control, and restoration of any damages including furnishing all labor, materials, tools, equipment and incidentals necessary to do all the work involved thereof and as directed by the Engineer, complete, in place, and accepted, and no additional compensation will be allowed therefore.

PART 2--( NOT USED)
PART 3--EXECUTION

3.01 PROGRESS PAYMENTS AND RETENTION
A. Within 5 days after the cutoff date, the Contractor shall make and submit to the ENGINEER an approximate measurement of all materials supplied and work performed up to the established cutoff date for the purpose of making a progress payment. The progress payment cutoff date shall be the monthly anniversary of the date of the issuance of the work order.

B. The Contractor will classify the work according to items listed on the proposal schedule and will estimate the value of the same on the basis of the prices shown, or as extra work. The classification of the work performed and the value thereof will be based on the Proposal Schedule for lump sum proposal items. Payment for unit price proposal items will be based on the actual amount of work performed as measured in the field.

The Contractor’ s estimate of work performed shall be subject to adjustment by the ENGINEER.

END OF DOCUMENT *
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Construction Facilities and Temporary Controls 01500 - 1 General and Technical Requirements
Sidewalk Repair & Replacement ( 2020-- 2022)
DOCUMENT 01500

CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1--GENERAL

1.01 DESCRIPTION
Work included: Provide temporary construction facilities, utilities and controls needed for the work.

PART 2--( NOT USED)
PART 3--EXECUTION

3.01 TEMPORARY UTILITIES
A. The Contractor shall provide and pay for all necessary temporary water, telephones, fuel, power, and sanitary accommodations.

B. The temporary facilities to be provided by the Contractor as described above shall conform to all requirements with regard to operation, safety, and fire hazards of state and local authorities and of underwriters.

C. Site and facilities shall be returned to their original “ as- found” condition or as otherwise specified, at the completion of the project.

3.02 SOUND CONTROL
A. Comply with all local sound control and noise level rules, regulations and ordinances, which apply to any work performed pursuant to the contract.

B. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer.

No internal combustion engine shall be operated on the project without said muffler.

C. The maximum noise level shall be 85 dBA.

3.03 DUST AND LITTER CONTROL
A. Maintain dust control within the site and provide adequate measures to prevent a dust problem for neighbors.

B. All trucks shall be loaded in a manner which will prevent dropping of materials or debris on streets. The loads shall be trimmed and all material shall be removed from shelf areas of vehicles to prevent spillage. Take precautions when necessary to avoid creating dust and littering by watering the load after trimming.

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C. Keep the job site in a neat and sanitary condition during the progress of the work.

Dispose of refuse as often as directed or as may be necessary so that at no time shall there be any unsightly accumulation of rubbish.

3.04 DRAINAGE AND GROUNDWATER
The Contractor shall be responsible for caring for the drainage on the entire work area and the disposal of such drainage from commencement of work until contract completion. Special care shall be exercised to prevent erosion in disturbed earth areas and silt or eroded materials shall not be introduced into any storm drain system or water course.

3.05 CONSTRUCTION WATER
A. The Contractor shall provide and maintain all necessary equipment and facilities for conveying water to places where it will be used and for changing the pressure if required. The Contractor shall plan and perform the work in a manner, which will minimize the use of water.

B. The Contractor shall furnish, at his expense, all water required for the completion of the work. Water is available to the Contractor at the nearest hydrant provided the Contractor has made arrangements to obtain a temporary water meter from the City. The Contractor shall pay for all necessary rental and deposit fees required for temporary meter. The temporary hydrant meter application is attached at the end of this section.

3.06 SECURITY OF SITE
A. Security of the site shall be the Contractor’ s responsibility from commencement of work until completion of contract.

B. The Contractor shall provide and maintain such fences, barricades, signs, and warning lights as may be required to provide safety against accidents.

3.07 RIGHTS IN LAND AND IMPROVEMENTS
A. Nothing in these specifications shall be construed as allowing the Contractor to make any arrangements with any person to permit occupancy or use of any land, structure, or building within the limits of the contract for any purpose whatsoever.

B. The Contractor shall not occupy City/ District- owned property outside the right of way as shown on the plans unless he enters into a rental agreement with the City/ District.

3.08 FIELD OFFICE AND LAYDOWN AREAS
The Contractor shall procure additional space for laydown of materials, spoils and equipment at Contractor’ s own expense. Location of such additional space shall be subject to approval of the City/ District.

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3.09 EXISTING UTILITIES LOCATION - U.S.A.

The City of Foster City subscribes to the Underground Service Alert ( U.S.A.) network, which is a clearinghouse for notifying all local utility agencies to mark the locations of underground systems in construction areas. Prior to grading and excavation activities by the Contractor, they shall contact U.S.A. by calling 1-800- 227- 2600 with ample advance time to allow the utility companies to respond. Contacting U.S.A. does not relieve the Contractor from their responsibility to determine location and depth of buried utilities, to protect such utilities, or to repair buried utilities damaged by their operations.

END OF DOCUMENT *
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Construction Facilities and Temporary controls 01500 - 4 General and Technical Requirements
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FISCAL YEAR 2022/ 2024

CITY OF FOSTER CITY/ ESTERO MUNICIPAL IMPROVEMENT DISTRICT

TEMPORARY HYDRANT METER APPLICATION
APPLICANT: ______________________________________________ DATE:_____________________ COMPANY: _________________________________________________ PHONE:_________________ ADDRESS:_________________________________________________________________________ EMAIL ADDRESS____________________________________________________________________ CONTRACTOR’ S LICENSE NO.:___________________ CLASS:____________ EXP.: _____________ FOSTER CITY BUSINESS LICENSE NO.: _______________________________ EXP.: ___________ JOBSITE: ___________________________________________________________________________ METER CONNECTION LOCATION:_______________________________________________________

NOTE THAT THE METER MAY NOT BE RELOCATED WITHOUT WRITTEN PERMISSION FROM THE DISTRICT.

PURPOSE OF SERVICE:______________________________________________________________ Customer must provide a reading at the end of each calendar quarter ( March 31, June 30, Sept 30, and Dec 31) by emailing: the reading, company name and meter number to utility@fostercity. org. ____ ( initial) Meter must be returned to the District Corporation Yard ( 100 Lincoln Center Drive in Foster City, 650/ 286- 8140) within seven ( 7) calendar days of the date permit expires. ____ ( initial) Failure to do so may result in forfeiture of all deposits. Charges will be assessed per the current adopted Master Fee Schedule. ____ ( initial)
Applicant’ s Signature: __________________________________________________________________

FOR CITY/ DISTRICT USE ONLY
PERMIT EXPIRATION DATE ( 12 months from today)_______________ PERMIT FEE: Non- refundable $ 60. 00 - WC
METER DEPOSIT: Balance refundable. Details on back. $ 1,557. 00 - MD WATER DEPOSIT: Balance refundable. Details on back. $ 1,500. 00 - WD TOTAL: ( to be paid with application) $ 3,117. 00
Application Approved: _______________________________________ Date: _____________________ PWM Staff)
Fee to SC S-23, Acct. 31- 3470 Deposits to SC S- 23, Acct. 31- 2460 Monthly Charges to SC S-73, Acct. 31- 3475 METER DEPOSIT REQUIRED: $ 1,557. 00 Upon return of the hydrant meter in good condition, the contractor shall be entitled to refund of the following percentages of the meter deposit if returned within the following period from the issuance date of the meter:

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1 month or less 90%
3 months or less 85%
6 months or less 80%
12 months or less 75%
Meter must be returned or renewed at the end of 12 months. Failure to do so will result in an additional reduction of deposit by 10% of the original amount per month or portion thereof. Should the meter be found to be defective or damaged upon testing, the cost of repairs ( labor and material) shall be subtracted from the deposit.

WATER DEPOSIT REQUIRED: $ 1,500. 00 Meter charge according to Master Fee Schedule for Fiscal Year 16/ 17 @ $ 220. 50 shall be deducted from the water deposit each month. In addition, the water usage charge is as stated per Master Fee Schedule per unit 100 cubic feet or 748 gallons) for Fiscal Year 16/ 17 @ $ 4.97 per unit, and shall be deducted from the deposit at the time incurred or when the meter is returned.

Date out Initial
METER SIZE: 3” ________ ________ Meter Number: ____________________________________ Checked out by: ____________________________ Date Returned/ Checked by: __________________________

PRINT NAME
Charge as follows ( if not returned)
Other Accessories
Meter Wrench ________ ________ $ 60 _____________ ____________ Reducer, 2- 1/2”x3/ 4” ________ ________ $ 40 _____________ ____________ Reducer, 2- 1/2”x1- 1/2” ________ ________ $ 35 _____________ ____________ Fire Hose, 6’ x 2-1/2” ________ ________ $ 140 _____________ ____________ Received by ________________________________________
Signature/ Date
DATE
METER

READING
WATER

QUANTITY

COST OF

WATER USED

SERVICE
CHARGE

PER MONTH
TOTAL

CHARGES

DEPOSIT

BALANCE
220. 50
City of Foster City
Temporary Water Hydrant Rental Receipt
Date: ____________________________ Receipt No.: ____________ Received From: _____________________________________________________________________________________ THREE THOUSAND ONE HUNDRED SEVENTEEN DOLLARS $ 3,117. 00 Check No. ______________ BY; ______________________________________________ Send ORIGINAL to Finance; cc: Meter Binder, Applicant
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Temporary Hydrant Meter Application Instructions:

You must obtain a Foster City Business License to rent a Temporary Hydrant Meter and include the information on the applications
A deposit check is required, made out to The City of Foster City, in the amount of three thousand one hundred and seventeen dollars ($ 3,117. 00).

Brin both the completed application and the deposit check to the Corporation Yard at 100 Lincoln Centre Drive, Foster City, CA between the hours of 8 am and 4 pm Monday through Thursday, and until 3pm Friday.

Charges incurred from water usage, meter charges and rental fee will paid from this deposit and, upon return of the meter in good condition, the remainder will be returned to the applicant. ( See Application for a more detailed explanation of charges).

Call 650- 286- 8140 with any questions.

END OF DOCUMENT *
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Traffic Control 01570 - 1
General and Technical Requirements
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DOCUMENT 01570

TRAFFIC CONTROL

PUBLIC CONVENIENCE AND PEDESTRIAN TRAFFIC CONTROL
Must comply with the traffic regulations requirements as specified in this section. Including but not limited to: Submit a traffic control plan which conforms to the State of California Manual of Traffic Controls for Construction and Maintenance Work Zones” and the Work Area Traffic Control ( WATCH) Handbook. Include lane closures, detours, and parking prohibitions.

Contractor shall be responsible to provide all traffic control measures necessary to divert sidewalk users safely around work areas. This includes, but is not limited to, placing signage, barricades, cones, temporary walkways, etc.

The Contractor shall be responsible for adequate barricading of the work area and controlling of traffic in the vicinity of the project. Access for local traffic must be maintained.

For work in street areas, at least seven calendar days prior to commencing work, the Contractor shall submit his schedule and traffic plan to the Engineer for approval.

WEEKEND USAGE
All significant phases of concrete work must be completed within the same Monday to Friday) week as they are started. Sections of Sidewalk, curb and gutter, and curb ramps must be completed and ready for use during the weekend.

An exception may be the installation of the detectable warning surface mats for curb ramps, which can be installed when the concrete has cured sufficiently to accept the mat in accordance with the manufacturer’ s specifications. Provisions for alternative walkway would be required.

LANE CLOSURES AND DETOURS
No more than one- half (½) of the roadway shall be closed to traffic at any time, and traffic in both directions shall be maintained at all times. Open excavations and trenches shall be adequately covered when no work is being performed.

WORKING HOURS - MAJOR STREETS
All work within the right- of-way of freeway ramps and major streets including the adjoining intersections shall be limited to the hours of 9:00 AM to 3:30 PM. Major streets are listed as follows:

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1. Foster City Boulevard 6. Beach Park Boulevard

2. East Hillsdale Boulevard 7. Metro Center Boulevard

3. East Third Avenue 8. Triton Drive

4. Edgewater Boulevard 9. Vintage Park Drive

5. Shell Boulevard 10. Chess Drive

NO PARKING SIGNS
No Parking signs shall be posted a minimum of 72 hours in advance of the parking restriction. The date and time of parking restrictions shall be clearly posted on No Parking signs.

JOB CONDITIONS
The following general job conditions apply to the project:

1. Provide access to all residences whenever possible throughout the duration of the project. Notify property owners 24 hours in advance of work that will interrupt use of driveways or other frontage improvements.

2. Orange traffic cones and barricades as appropriate shall be used to mark traffic lanes whenever vehicles are restricted from using the normal traffic lanes on a street.

3. Street parking may be restricted as necessary to facilitate construction activity.

Notify property owners of parking restrictions 48 hours in advance.

4. Lighted arrow boards shall be used for all lane closures on boulevards and other locations when appropriate.

TRAFFIC CONTROL DEVICES

1. Traffic signs, flashing lights, lighted arrow boards, barricades and other traffic safety devices used to control traffic shall conform to the requirements of Section 12, " Construction Area Traffic Control Devices," and Section 7, " Legal Relations and Responsibility," of the CalTrans Standard Specifications. Flashers shall be provided on each barricade. ( Section 360, California Vehicle Code, defines highway to include streets.)

2. Warning signs used for nighttime conditions shall be reflectorized or illuminated.

Reflectorized signs" shall have a reflectorized background and shall conform to the current State of California Department of Transportation specification for reflective sheeting on highway signs.

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GENERAL

1. Except where public roads have been approved for closure, traffic shall be permitted to pass through designated traffic lanes with as little inconvenience and delay as possible.

2. Convenient access to driveways and buildings in the vicinity of work shall be maintained as much as possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and kept in good condition.

3. When leaving a work area and entering a roadway carrying public traffic, the Contractor' s equipment, whether empty or loaded, shall in all cases yield to public traffic.

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DOCUMENT 01580

CONSTRUCTION METHODS
PART 1 – CONSTRUCTION METHODS

1.01 SAWCUTTING
Existing concrete and asphalt concrete to be removed shall be saw- cut with a power driven saw at the first scoring line. Remove only complete squares of concrete. The Contractor shall remove the saw cut slurry with a vacuum immediately following the cutting process.

Full compensation for saw- cutting, shall be included in the various prices proposed for related work and no additional compensation will be allowed therefor.

1.02 REMOVE CONCRETE
All concrete shall be removed to an expansion joint or saw- cut at score- line or as determined by the Engineer. Concrete shall be removed in such a manner as to leave an even edge without spalling, breaks or chips on the remaining concrete. Concrete removal shall include removal of all root, vegetation, debris and loose soil.

Full compensation for concrete removal, including removal of all root, vegetation, debris and loose soil, shall be included in the various prices proposed for related work and no additional compensation will be allowed therefor.

1.03 REMOVE ASPHALT CONCRETE
A two- foot wide strip of asphalt along the work area ( curb and gutter) identified shall be removed.

All asphalt concrete shall be removed to a saw- cut score- line or as determined by the Engineer.

Where removal of asphalt concrete is required, a straight neat cut with a power driven saw shall be made before removing asphalt concrete. Asphalt concrete removal shall include removal of all root, vegetation, debris and loose soil.

Full compensation for asphalt concrete removal, including removal of all root, vegetation, debris and loose soil, shall be included in the various prices proposed for related work and no additional compensation will be allowed therefor.

1.04 TREE ROOT REMOVAL / ROOT PRUNING
Root pruning shall be performed to minimize impact and injury to tree root systems during the project. Roots shall be cut cleanly using a handsaw, or hand shears. Roots shall be cut cleanly prior to use of the backhoe or other excavator to remove material from the site. At no time is the backhoe or other excavator to be used to remove roots. After proper pruning, cover exposed roots within thirty ( 30) minutes to minimize desiccation.

Tree roots shall be cut and removed to a maximum depth of twelve ( 12) inches below level finished grade of the aggregate base and backfilled with eight ( 8) inches clean native backfill material and four ( 4) inches of Class 2 aggregate base. Wet and compact the aggregate base and the top six ( 6) inches of native subbase to 95% relative compaction.

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If tree removal is required, appropriate tree removal permits must be secured prior to beginning work.

Full compensation for doing all work required for tree root removal, including furnishing all labor, materials, equipment, and incidentals necessary to complete the work and as directed by the Engineer, shall be included in the prices proposed for “Square Foot of Sidewalk Replacement”, or “Linear Foot of Standard Curb and Gutter with 2’ wide AC conform”, or “Square Foot of Residential Driveway”, or “Square Foot of Commercial Driveway” or “Per Curb Ramp” and no additional compensation will be allowed therefor.

1.05 DISPOSAL OF EXCAVATED MATERIAL
Contractor shall properly dispose of all excavated material outside of the City limits to a waste site secured by the Contractor and shall be disposed of in such a manner as to meet all requirements of State, County, and municipal regulations regarding health, safety and public welfare. Do not allow demolished materials to accumulate on site. No overnight storage of material will be allowed.

Full compensation for disposal of excavated material, including disposal of concrete, asphalt concrete, roots, vegetation, debris and loose soil, shall be included in the various prices proposed for related work and no additional compensation will be allowed therefor.

1.06 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Contractor shall be responsible for all damage to existing improvements resulting from his operations. Contractor shall repair at his expense all damage to existing improvements resulting from his operations including:

1. The repair and replacement of minor irrigation systems damaged as part of the project;

2. The repair and replacement of landscaping damaged or removed as part of project;

3. Water and gas services damaged by the Contractor’ s operations.

If a water service in the sidewalk section needs to be lowered it will be done by the City of Foster City Water Department. Contractor will not be responsible to replace any pull boxes etc. that were broken prior to start of work.

1.07 ROOT BARRIER
Root barrier shall be installed behind all new and existing sidewalks. The root barrier shall be high- density polyethylene 0.080 inches thick, 18 inches in height. Contractor shall excavate up to a 4-inch wide trench adjacent to the landscaping to a depth of 2-ft. The Contractor shall remove all roots within the trench. The root barrier is at grade. The root deflectors shall face away from the path. Any landscaping and irrigation affected by construction shall be replaced.

1.08 AGGREGATE BASE
Aggregate base shall be Class 2 ( 1/2-inch max) AB compacted to 95% relative compaction.

Aggregate base shall conform to specified thickness and compaction. Sidewalk base, curb ramp base, and residential driveway base shall be 4-inch thick Class 2. Curb and Gutter base and commercial driveway base shall be 6-inch thick Class 2.

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Aggregate base shall be produced from commercial quality aggregates consisting of broken stone; crushed gravel, natural, clean, rough- surfaced gravel and sand; or a combination thereof.

Spreading and compacting shall be performed by methods that will produce a uniform base, firmly compacted, and free from pockets of coarse or fine material.

Full compensation for doing all work required for placement of aggregate base, including furnishing all labor, materials, equipment and incidentals necessary to complete the work and as directed by the Engineer, shall be included in the prices proposed for “Square Foot of Sidewalk”, or “Linear Foot of Curb and Gutter with 2’ wide AC conform”, or “Square Foot of Residential Driveway”, or “Square Foot of Commercial Driveway” or “Per Curb Ramp," and no additional compensation will be allowed therefor.

1.09 CONCRETE SIDEWALK
Concrete sidewalk shall conform to Section 90 of the State Specifications for materials, mixing and placement and to City Standard Details. Use Portland Cement: ASTM C 150, Type 1, Class A ( 6 Sack) with one pint of lampblack per cubic yard of concrete. Sidewalk shall be 4 inches minimum with broom- finished surface.

Expansion joints shall be installed at intervals not exceeding 20 feet; and deep score or cold joint shall be installed at 10 foot intervals. Sidewalk score lines shall be located at 2.5 foot intervals.

Where new pour abuts existing concrete, 8-inch long, No. 4 steel rebar shall be installed 4-inches into existing concrete as shown in City Standard Details.

The area behind the sidewalk shall be backfilled with select clean native soil ( no rocks, free of organic matter and deleterious material) to finish grade on both sides of the new sidewalk or to the back of the curb after the forms are removed.

To minimize inconvenience to traffic and the public in general, the Contractor shall schedule the concrete placement to be no more than seven ( 7) calendar days behind the removal operation.

Safe and adequate pedestrian and vehicular movement at and around all construction sites shall be provided and maintained at all times. Approved barriers and signs ( traffic flagging personnel, if necessary), shall be furnished and utilized by the Contractor to ensure public safety at all times.

All work mentioned above shall be included in the unit price for this proposal item.

1.10 CONCRETE CURB AND GUTTER
Concrete curb and gutter shall conform to Section 90 of the State Specifications for materials, mixing and placement and to City Standard Details. Use Portland Cement: ASTM C 150, Type 1, Class A (6 Sack) with one pint of lampblack per cubic yard of concrete. Use one standard brand throughout all work. Curb and gutter shall be 6 inches thick with broom- finished surface. Curb and gutter shall be poured separately from the sidewalk.

Expansion joints shall be installed at intervals not exceeding 20 feet. The expansion joints shall be installed vertically and shall extend to the full depth and width of the curb and gutter, or as directed by the Engineer. Where new pour abuts existing concrete, 8-inch long, No. 4 steel rebar shall be installed 4-inches into existing concrete as shown in City Standard Details. Excess filler material shall be trimmed- off in a neat and skillful manner. Deep score- lines shall be installed at 10 foot intervals.

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1.11 EXPANSION JOINTS
Expansion joints shall be filled with ½- inch thick pre- molded joint filler shaped to fit the concrete that is being placed. Joint fillers shall extend the full width and depth of expansion joint, flush with finished concrete surface. Expansion joints shall be located at intervals of 20 feet and at the end of curb returns. Deep score lines shall be located at intervals of 10 feet.

Full compensation for installation of expansion joints, shall be included in the various prices proposed for related work and no additional compensation will be allowed therefor.

1.12 REINFORCING BARS / DOWELS
Eight ( 8) inch No. 4 steel rebar shall be installed at locations as shown in the City Standard Details and as directed by the Engineer. Reinforcing bars and tie bars shall be ASTM A 615, Grade 60, deformed. Where a new pour abuts existing concrete, rebar shall be installed 4-inches into existing concrete.

Full compensation for installation of rebar, shall be included in the various prices proposed for related work and no additional compensation will be allowed therefor.

1.13 COMMERCIAL CONCRETE DRIVEWAY
Commercial concrete driveway shall conform to City Standard Details. Use Portland Cement:

ASTM C 150, Type 1, Class A ( 6 Sack) with one pint of lampblack per cubic yard of concrete.

Welded wire mesh 4” x 4” shall be installed over entire driveway area. Driveway shall be 6 inches thick with broom- finished surface. Driveway base shall be 6-inch thick Class 2 (1/2-inch max) AB compacted to 95% relative compaction.

1.14 RESIDENTIAL CONCRETE DRIVEWAY
Use Portland Cement: ASTM C 150, Type 1, Class A ( 6 Sack) with one pint of lampblack per cubic yard of concrete. Driveway shall be 4 inches thick with broom- finished surface. Driveway base shall be 4-inch thick Class 2 (1/2-inch max) AB compacted to 95% relative compaction.

1.15 CURB RAMPS
Concrete curb ramps shall conform to the most recent Caltrans Standard Plans. Contractor shall be responsible to check for the more recent revision of the Standard Plans. Use Portland Cement:

ASTM C 150, Type 1, Class A ( 6 Sack) with one pint of lampblack per cubic yard of concrete.

Curb ramps shall be with broom- finished surface. Curb ramp base shall be 4-inch thick Class 2 1/2-inch max) AB compacted to 95% relative compaction.

Any existing pull boxes, valve boxes etc. shall be aligned and leveled in the demolished area to be flush and level with finished surface of new ramp. Curb ramps shall have a safety yellow polyurethane tactile mat extending the full width of the ramp. The edge of the detectable warning surface nearest the street shall be between 6 inches and 8 inches from the gutter flow- line and shall extend three feet towards the back of the ramp. The surface dimensions of raised truncated domes and spacing shall conform to the most recent Caltrans Standard Plans. The mat shall be mechanically fastened and adhered to the underlying substrate according to the manufacturer’ s instructions.

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Construction Methods 01580- 5
General and Technical Requirements
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1.16 ASPHALT CONCRETE
Asphalt concrete shall be C2- AR- 4000 ( 1/2” max) in accordance with the applicable portions of Section 39 and Section 92 of the State Specifications. At a minimum, shall match existing thickness of adjacent pavement.

Includes replacement of a two- foot wide strip of asphalt adjacent to the areas of curb and gutter curb ramps, and driveways, identified for replacement.

A 6” depth of existing section shall be neatly saw- cut and removed. Remove all roots up to a maximum depth of twelve ( 12) inches below level finished grade. The underlying material to remain in place shall be re-compacted to 95%. The Contractor shall top off with new base material and compact the top foot to 95% relative compaction. Installed base material shall be Class 2 1/2” max) AB.

After approval of compaction of the base material and prior to placing new asphalt concrete, Contractor shall prime all horizontal and vertical surfaces with a tack coat of liquid asphalt binder.

Care shall be taken to avoid tracking binder material onto existing pavement surfaces beyond the limits of construction.

Asphalt concrete will be installed in two separate lifts no greater than 3 inches in thickness compacted). Fill the 6” depth of asphalt concrete repair to match level of adjacent pavement. The finished edges will be tack coated with liquid asphalt and sanded.

Full compensation for installation of two ( 2) foot asphalt concrete conform adjacent to newly installed curb and gutter, driveway or curb ramps shall be included in the price proposed for Linear Foot of Concrete Curb and Gutter” or “Square Foot of Residential/ Commercial Driveway” or “per Curb Ramp” and no additional compensation will be allowed therefor.

1.17 TACK COAT
Before replacing asphalt concrete, an asphalt- emulsion paint binder ( tack coat) shall be applied to all horizontal and vertical surfaces of existing pavement and to all vertical surfaces of curbs, gutters and construction joints in accordance with the applicable portions of Section 39 of the State Specifications.

Full compensation for application of tack coat, shall be included in the various prices proposed for related work and no additional compensation will be allowed therefor.

1.18 MINOR CONCRETE REPAIR / CATCH BASINS
This involves the removal, disposal and replacement of existing pre- cast catch basin lid, adjustment of catch basin to grade, and replacement of sidewalk sections directly adjacent to catch basin. The top of the catch basin shall be accurately brought flush with the surface of the surrounding adjacent sidewalk. Pre- cast catch basin lid shall be Christy or approved equal of the type and dimensions shown on the Standard Details.

Where a new pour abuts existing concrete, two (2) eight ( 8) inch No. 4 steel rebar shall be installed 4-inches into existing concrete.

Reinforced curb inlet lids shall be measured and paid for on a per each basis. The unit price paid per each curb inlet, shall include the cost of pre- cast concrete sections and doing all work required DocuSign Envelope ID: 3164AC0F- 7CEE- 4188- B342- 80CC0CC198DA

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Construction Methods 01580- 6
General and Technical Requirements
Sidewalk Repair & Replacement ( 2022- 2024)
and furnishing all labor, materials, equipment and incidentals necessary to complete the work and as directed by the Engineer and no additional compensation will be allowed therefor.

1.19 FINISHES
Finish surfaces to true planes within a tolerance of ¼- inch in 10 feet as determined by a 10-foot long straightedge placed anywhere on the surface in any direction. Cut down high spots and fill low spots. Re- float surface to a uniform granular texture. Finish with a medium to fine textured broom finish perpendicular to line of traffic to provide a uniform fine line texture finish. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to the greatest extent possible.

1.20 DRAINAGE
Provide a smooth transition between existing adjacent grades and new grades. Flow line of gutter shall conform to current drainage flow to prevent pooling and eliminate low spots.

1.21 DEBRIS AT STORM DRAINS
Contractor shall take all measures to prevent dirt, debris and obstructions of any kind from entering storm lines, catch basins and appurtenant drainage structures. If debris infiltrates, Contractor shall be responsible for removal of all debris that enters the storm drain system from construction activity.

1.22 DUST CONTROL
No separate payment will be made for any work performed or material used to control dust resulting from the Contractor' s performance of the work, or by public traffic, either inside or outside of the right- of-way. Full compensation for all such dust control shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor.

END OF DOCUMENT *
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Standard Details and Attachments 1
General and Technical Requirements
Sidewalk Repair & Replacement ( 2022- 2024)

STANDARD DETAILS
AND

ATTACHMENTS
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Standard Details and Attachments 2
General and Technical Requirements
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Standard Details and Attachments 3
General and Technical Requirements
Sidewalk Repair & Replacement ( 2022- 2024)

STANDARD DETAILS AND ATTACHMENTS

STANDARD DETAILS
The following City Standard Details and Caltrans Standard Details are part of these Technical Requirements:

Attachment Description Detail #
Attachment 1 Sidewalk Installation Detail ST- 001
Attachment 2 Sidewalk
Replacement Detail ST- 002
Attachment 3 Curb and Gutter Detail STS- 09
Attachment 4 Root Barrier See “Sidewalk
Installation”
Attachment 5 Curb Inlet – Type 1 -
Attachment 6 Commercial Driveway Detail ST- 025
Attachment 7 Curb Ramps Caltrans A88A dated
2018*
Latest Caltrans Standard. Contractor is responsible for utilizing the latest Caltrans Standard A88A plan at date of construction.

END OF DOCUMENT *
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Standard Details and Attachments 4
General and Technical Requirements
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6 2
8 DATE: May 6, 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/City Engineer Laura Galli, Engineering Manager
DEPARTMENT: Public Works
SUBJECT: LEVEE PROTECTION PLANNING AND IMPROVEMENTS
PROJECT (CIP 327-657) - NOTICE OF COMPLETION

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution accepting the work performed by Shimmick Construction Company, Inc. (Shimmick) for the construction of the Levee Protection Planning and Improvements Project (CIP 327-657) and directing the City Clerk to file the Notice of Completion.

EXECUTIVE SUMMARY
CIP 327-657 consists of improvements to the City’s existing levee system to provide flood protection in accordance with updated Federal Emergency Management Agency (FEMA) guidelines, retain FEMA accreditation, and protect against future sea level rise. The work has been completed in conformance with the contract documents. It is recommended that the City Council accept the work and direct the City Clerk to file the Notice of Completion (NOC).

BACKGROUND
City Resolution No. 2020-76 adopted on July 20, 2020, approved the execution of a construction contract with Shimmick in the amount of $60,218,000 for CIP 327-657 and established a project contingency of $9,000,000. Funding in the amount of $95 million

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8 dollars was available in the project budget consisting of $90 million dollars in bond funding passed by Foster City voters in June 2018, as well as an additional $5 million dollars from the City’s CIP fund.

Construction began in earnest in September 2020 and was substantially completed on October 6, 2023 with final completion achieved on February 23, 2024. Construction management and inspection services were performed by Tanner Pacific, Inc. (TPI) with assistance from the design team of Schaaf and Wheeler. The Project’s Program Advisor from Regional Government Services Authority (RGS) provided staff support. The contractor has completed all punch list items of work.

ANALYSIS
The construction work included improvements to approximately 6.5 miles of existing levee system to provide flood protection in accordance with the updated FEMA guidelines, retain FEMA accreditation for the levee, and protect against future sea level rise. Improvements consisted of the three different wall elements: approximately 2,500 linear feet of concrete flood wall; (2) approximately 5,000 linear feet of concrete block mechanically stabilized earth (earthen); and (3) approximately 22,000 linear feet of sheet pile wall.

The project’s construction activities were broken up into three phases, with Phase 1 of the levee trail (the portion from Port Royal Avenue to Shorebird Park) which opened on March 27, 2023, Phase 2 (from Shorebird Park to the San Mateo Bridge) which opened on July 15, 2023, and Phase 3 of the levee (from the San Mateo Bridge to the northerly City Limits) which opened on October 6, 2023.

The design team lead by Schaaf and Wheeler included the structural engineer (Biggs Cardosa Associates), geotechnical engineer (ENGEO), surveyor (Wilsey Ham), landscape architect (Bellinger-Foster-Steinmetz), and environmental regulatory permitting team (Huffman Broadway Group). Schaaf and Wheeler had an integral role in the project for the last 9 years from project inception to completion, performing studies on the City’s flood risk, coordinating with FEMA and other agencies, preparing base maps, performing geotechnical investigation for design development, assisting with environmental regulatory permitting acquisition, preparing reports to prepare CEQA documents, preparing the plans and specifications for construction, and providing construction support services during construction. TPI provided construction management support services which included day- to-day inspection beginning in 2020. RGS provided program advisor support for staff during construction beginning in 2020.

The Project achieved a major flood protection milestone on July 19, 2023, by completing the construction of all the flood protection elements required for the project. Schaff & Wheeler prepared the required submittals to FEMA to meet the accreditation necessary for updating flood insurance rate maps (FIRM). The City’s Flood Plain Administrator signed off on the submittals in early January 2024. The package was submitted in February 2024 and the documents are currently under FEMA’s review.

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8 During the project a total of forty-two (42) contract change orders (CCOs) were issued, totaling $11,786,652.81. Per the City Council’s direction, all CCOs in excess of $250,000 were brought forward for the City Council’s review and approval. The majority of the costs were related to the following change orders and are summarized below:
•CCO #8 ($439,963.41) addressed the acquisition of steel sheet piles and installation of a coffer dam to provide flood protection while the concrete floodwall 19 was constructed;
•CCO #10 ($932,030.15) Additional rebar, materials, and labor were required to increase the width of the concrete cap to account for the deviations in the sheet pile wall installation;
•CCO #11 ($3,194,181.56) Construction of a portion of the levee wall within Phase 1 adjacent to the O’Neill slough could not be constructed as a sheet pile wall, as bid.

After value engineering, it was determined construction of a concrete flood wall would be the best and most cost-effective solution;
•CCO #20 ($347,422.78) Due to the close proximity of environmentally sensitive habitat and wetlands on the landside of the portion of the levee north of the San Mateo Bridge, the drainage systems to be installed required modification. CCO #20 provided for the rental for smaller equipment to access the more confined work area and provide for raised drain elevations as required based on the field conditions to avoid encroaching on sensitive habitat and wetlands;
•CCO #26 ($2,809,766.91) addressed modifications to accessibility identified by the City’s Certified Access Specialist (CASp) in summer 2021, which resulted in revised stairways, ramps, paths, and associated features to provide more ADA accessible access points and paths of travel throughout the project. It also included the addition of controlled density fill (CDF) at some locations to offset and balance the use of the lightweight cellular concrete (LCC) as backfill material. In areas where the density of the LCC was too light, the addition of CDF would ensure there was adequate weight behind certain sheet pile wall sections without placing undue lateral pressure on the block retaining walls;
•CCO #31 ($3,193,635.92) provided for an incentive payment to the contractor to accelerate construction of the project and establish three phased reopening dates for the levee trail. It also settled disputed contractor claims for loss of productivity and inefficiencies through February 1, 2023 arising from CCO’s #18, #22, and #26. It further settled and negotiated 41 additional outstanding non-formalized contract change orders. As a result, the contractor agreed to waive and release all claims for costs or impacts arising out of or related in any way to those 41 items. ($126,000 in fines were assessed to Shimmick and withheld in CCO #42 for missing the milestone 2 target date); and

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8 •CCO #37 ($285,000) provided for additional labor and materials to remove the sheet piles at Baffin and Egress Bridges, provide slope stabilization at both access locations, to restore the tidal action in the slough as required by the regulatory permits for the project.

Given that Shimmick has completed its work in conformance with the contract documents, it is recommended that the City Council accept the work and direct the City Clerk to file the Notice of Completion.

There are a number of post-construction activities that will need to be completed following construction over the next few years. These include completing the easement acquisitions at the various access points of HOA properties; irrigation and landscaping repair and adjustments at adjacent HOAs; obtaining FEMA accreditation; three (3) years of environmental monitoring; one (1) year of corrosion monitoring of the sheet pile wall (to establish an ongoing maintenance plan); and ongoing plant maintenance.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
An Environmental Impact Report was prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012). The services that will be provided under this Amendment were contemplated as part of the Project that was considered in the EIR.

FISCAL IMPACT
The following is the project expenditure summary:

Project Budget
Bond Measure/Bonds Issued $90,000,000.00
City CIP Funds appropriated to Project $ 5,000,000.00
Total Approved Budget $95,000,000.00
Construction Contract Expenses
Construction Base Contract – Shimmick $60,218,000.00
CCO #1 – #42 – Extra Work & Quantity Adjustment Change
Orders

$11,786,652.81
Total Construction Contract $72,004,652.81
Other Project Related Expenses
Construction Manager (TPI) (2020–2024) $ 9,585,087.81 Design Team (Schaaf & Wheeler, HBG, ENGEO, BCA, BFS) –
Phases 1, 2, and 3 (2015-2024)
$ 8,097,825.00

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8 Miscellaneous Expenses (Outreach, Permitting fees and assistance, EIR assistance, legal, Surveying, Project Advisor, bond consultants, ballot consultants, etc.) $ 2,900,000.00 Total Project Expenses to date $92,587,565.62
Project Budget Balance $ 2,412,434.38
Anticipated Post Construction Projected Expenditures (FEMA accreditation, Property Acquisition, 3-year Environmental Monitoring, Year 1 Corrosion Monitoring, Landscape and Irrigation restoration at HOAs, 1-year Plant Maintenance period, legal, etc.) $ 1,200,000.00 Anticipated Final Project Budget Balance $ 1,212,434.38 The contract work has been completed and the NOC can now be filed. Council action on May 6 will establish the official date of completion of the work performed by Shimmick, formalizing the City’s acceptance of the contract work and allowing final payment to the contractor be made. The project budget balance (unused funds) will be returned to the General Fund. The Levee Bond Oversight Committee held their last meeting on April 25, 2024, and concluded that the project Bond expenditures are in compliance with the requirements of Measure P and will present a final report to the City Council at an upcoming meeting.

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

Attachment 1 – Resolution
Attachment 2 – Notice of Completion

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RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ACCEPTING THE WORK BY SHIMMICK CONSTRUCTION COMPANY, INC. FOR THE LEVEE PROTECTION PLNNING AND IMPROVEMENTS PROJECT (CIP 327- 657) AND DIRECTING THE CITY CLERK TO FILE THE NOTICE OF COMPLETION; AND CEQA STATUS: ENVIRONMENTAL IMPACT REPORT WAS PREPARED FOR

THE LEVEE PROTECTION PLANNING AND IMPROVEMENTS PROJECT (STATE CLEARINGHOUSE NO. 20106012012)

CITY OF FOSTER CITY
WHEREAS, the Public Works Director/City Engineer has filed with the City Clerk the Notice of Completion for the work known as the Levee Protection Planning and Improvements Project (CIP 327-657) located in the City of Foster City, situated in San Mateo County, California; provided to be done under and pursuant to the contract documents and agreement between the City of Foster City and the Shimmick Construction Company, Inc. dated July 20, 2020; and
WHEREAS, the Public Works Director/City Engineer and Shimmick Construction Company, Inc. have executed Document 00 6530 – Agreement and Release of Any and All Claims, as required by the agreement; and
WHEREAS, Shimmick Construction Company, Inc. has executed Document 00 6536 – Guaranty, as required by the agreement; and
WHEREAS, it appears to the satisfaction of the City Council that said work has been completed on February 23, 2024 in an acceptable manner.

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

1. The acceptance of said work subject to reservation of all City's rights arising from any defective workmanship and/or materials not observed during construction being hereafter discovered and becoming known to City; and

2. The City Clerk to notarize and file for record with the County Recorder of the County of San Mateo the Notice of Completion thereof, as required by law, and file a conformed, recorded copy of said notice with the Finance Director and Public Works Director/City Engineer; and

3. The City Clerk to notify Shimmick Construction Company, Inc. that the Construction Performance Bond No. K13556830, 024244185, 9344776, 47-SUR-300044-01-0035, and 72BCSIE9312 from Federal Insurance

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Company, Zurich American Insurance Company, Liberty Mutual Insurance Company, Hartford Fire Insurance Company, and Berkshire Hathaway Specialty Insurance Company may be released one year following the recordation of the Notice of Completion; and

4. The City Clerk to release the Labor and Material Bond No. K13556830, 024244185, 9344776, 47-SUR-300044-01-0035, and 72BCSIE9312 from Federal Insurance Company, Zurich, American Insurance Company, Liberty Mutual Insurance Company, Hartford Fire Insurance Company, and Berkshire Hathaway Specialty Insurance Company thirty-five (35) days after the date of recording of the Notice of Completion if no claims or Stop Notices have been received.

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

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
_____________________________

PRISCILLA SCHAUS, CITY CLERK

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NOTICE OF COMPLETION
LEVEE PROTECTION PLANNING AND IMPROVEMENTS PROJECT (CIP 327-657)

CITY OF FOSTER CITY
NOTICE IS HEREBY GIVEN that Shimmick Construction Company, Inc. entered into a contract dated the 20 th day of July 2020 for the construction of certain improvements in the City of Foster City, situated in San Mateo County, California.

Said construction is known as the Levee Protection Planning and Improvements Project (CIP 327-657) and consists of improvements to the City’s existing levee system to provide flood protection in accordance with updated Federal Emergency Management Agency (FEMA) guidelines, retain FEMA accreditation, and protect against future sea level rise.

That said work is located in the City of Foster City, situated in San Mateo County, California, and was completed on the 23rd day of February 2024.

That acceptance of said work was ordered by resolution of the City of Foster City adopted on the 6th day of May 2024.

That the name and bond number of the surety of the contractor's bonds for Construction Performance and Labor and Materials on said project are as follows:
•Construction Performance Bond No. K13556830, 024244185, 9344776, 47-SUR- 300044-01-0035, and 72BCSIE9312 from Federal Insurance Company, Zurich American Insurance Company, Liberty Mutual Insurance Company, Hartford Fire Insurance Company, and Berkshire Hathaway Specialty Insurance Company. •Labor and Material Bond No. K13556830, 024244185, 9344776, 47-SUR- 300044-01-0035, and 72BCSIE9312 from Federal Insurance Company, Zurich, American Insurance Company, Liberty Mutual Insurance Company, Hartford Fire Insurance Company, and Berkshire Hathaway Specialty Insurance Company

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That said work and improvements consisted of the furnishing of all labor, materials, tools, equipment, services, and incidentals required to undertake and complete the Levee Protection Planning and Improvements Project (CIP 327-657), all in accordance with the contract documents as required by the City of Foster City and more particularly described in the agreement approved by the City Council of the City of Foster City pursuant to City Resolution No. 2020-76 adopted on the 20 th of July 2020, subject to reservation of all City rights arising from the contract documents and further, any defective workmanship and/or materials not observed during construction being thereafter discovered and known to the City.

DATED: ___________________ _______________________________________ Andrew Brozyna
Public Works Director/City/District Engineer
City of Foster City

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5 4
4 DATE: May 6, 2024

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

FROM: Stefan Chatwin, City Manager
Benjamin L. Stock, City Attorney
DEPARTMENT: City Manager
SUBJECT: TERMINATION OF LOCAL EMERGENCY RELATED TO MAJOR

DAMAGE TO MAIN WATER PIPELINE

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution terminating the Proclamation of Local Emergency related to major damage to the City’s main water pipeline.

EXECUTIVE SUMMARY
At approximately 8 a.m. on Sunday, April 7, 2024, a break in the City’s main water line was discovered along E. Third Avenue north of Foster City Boulevard. This break caused significant damage to the City’s water pipeline and it was determined that if the repair could not be made, the City’s water supply could be severely impacted. City staff responded immediately and began to locate and fix the leak but determined that outside resources were necessary. As a result of the conditions of disaster, the City Manager, in his capacity as Director of Emergency Services, determined that a “local emergency”1 existed and issued a Proclamation of Local Emergency on April 8, 2024.

The main water pipeline was repaired by the evening hours on April 8, 2024 and water reserve levels have been replenished.
1 As that term is defined in Section 2.40.020 of the Foster City Municipal Code (“FCMC”).

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4 On April 15, 2024, the City Council ratified the Proclamation of Local Emergency pursuant to Government Code section 8630(b).

City staff has monitored the repair and there have been no further issues with the main water pipeline. Given that the conditions that caused the local emergency to be declared are resolved, it is recommended that the Council terminate the Proclamation of Local Emergency.

BACKGROUND
Government Code section 8630 and section 2.40.070 (A) of the FCMC empower the Director of Emergency Services to proclaim the existence of a local emergency when the City of Foster City is affected or likely to be affected by an emergency. Whenever a local emergency is proclaimed, however, it cannot remain in effect for a period in excess of seven days unless it has been ratified by the governing body. Once a local emergency is proclaimed, the governing body of the local agency must review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency, which should occur at the earliest possible date that conditions warrant.

Public Contract Code 22050 and Chapter 3.04 of the FCMC provide that during an emergency, a public agency, pursuant to a four-fifths vote of its governing body may take immediate action required by that emergency to procure the necessary equipment, services and supplies without giving notice for bids to let contracts. Under Public Contract Code 22050 the local agency must review the need for continuing the emergency at every regular meeting until the emergency is terminated.

ANALYSIS
The City’s main water pipeline providing potable water to the City residents and businesses sustained major damage on April 7, 2024 resulting in significant loss of water to the City. On Monday, April 8, 2024, the City Manager, acting as Director of Emergency Services, determined that conditions of disaster to persons and property within the City were met due to the significant damage to the water pipeline that could impact water supply. At that time, the City was drawing water from its reserves and a connection to backup supply from Midpeninsula Water District was established and staff were monitoring use and storage levels while the repairs were being made. The conditions and the needed response were also determined to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the use of outside contractors to conduct emergency repairs.

As a result of the foregoing conditions, the City Manager issued a Proclamation of Local Emergency on April 8, 2024. (See Attachment 1). The City Clerk’s Office provided written notification of the Proclamation to the appropriate departments within San Mateo County and the California Governor’s Office of Emergency Services pursuant to Government Code 8607.

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5 4
4 Due to the diligent efforts of staff and the City’s contractor, the main water pipeline was repaired by the evening hours on April 8, 2024. As a result of the repair, service was restored to normal by 9 p.m. on April 8, 2024 and water reserve levels have been replenished.

The City Council ratified the Proclamation of Local Emergency at its Regular meeting on April 15, 2024 via City Resolution No. 2024-30.

City staff has monitored the repair since April 8, 2024 and there have been no further issues with the main water pipeline. Staff believes that the conditions that caused the local emergency to be declared are resolved and it is recommended that the Council terminate the Proclamation of Local Emergency (See Attachment 2).

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

FISCAL IMPACT
The City has incurred certain costs in responding to the main water pipeline break, including overtime for the Public Works staff and contractor costs.

The City may be able to request resources including financial support and reimbursement from the State and other governmental agencies for costs incurred in response to this emergency.

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

Attachment 1 – Resolution
Attachment 2 – Proclamation of Local Emergency

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RESOLUTION NO. _____

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

TERMINATING THE PROCLAMATION OF LOCAL EMERGENCY RELATED TO MAJOR DAMAGE TO THE CITY’S MAIN WATER PIPELINE

CITY OF FOSTER CITY
WHEREAS, Government Code section 8630 and section 2.40.070 (A) of the Municipal Code empower the Director of Emergency Services to proclaim the existence of a local emergency when the City of Foster City (“City”) is affected or likely to be affected by an emergency, as that term is defined in Section 2.40.020 and the City Council is not in session; and
WHEREAS, the Director of Director of Emergency Services is identified in the Municipal Code as the City Manager; and
WHEREAS, the City’s main water pipeline providing potable water to the City residents and businesses sustained major damage on April 7, 2024 resulting in significant loss of water to the City; and
WHEREAS, the City Manager, acting as Director of Emergency Services, did find that conditions of disaster to persons and property within this City were met due to the significant damage to the water pipeline that could impact water supply; and WHEREAS, in response to these developments, the City Manager in his capacity as the City’s Director of Emergency Services proclaimed the existence of a local emergency on April 8, 2024 at approximately 12:15 p.m.; and WHEREAS, these conditions and the needed response were determined to be likely beyond the control of the services, personnel, equipment, and facilities of the City, requiring the use of outside contractors to conduct emergency repair pursuant to Foster City Municipal Code Chapters 2.40, 3.04 and without giving notice for bids to let the contract, pursuant to Public Contract Code 22050; and
WHEREAS, as contemplated in the Emergency Service Act contained in Government Code Section 8550 et seq., including Section 8558(c), the City Manager determined that a local emergency existed because of the existence of conditions of disaster to the safety of persons and property within the City caused by the aforesaid conditions which are beyond the control of the services, personnel, equipment, and facilities of the City; and
WHEREAS, the City Clerk provided written notification of the Proclamation of Local Emergency and other necessary documents to the appropriate departments

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within San Mateo County and the California Governor’s Office of Emergency Services pursuant to Government Code 8607; and
WHEREAS, on April 15, 2024, the City Council ratified the Proclamation of Local Emergency via City Resolution No. 2024-30; and
WHEREAS, the City has since repaired the main water line and the conditions that caused the emergency have been resolved.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City, in accordance with Government Code section 8630, hereby terminates the Proclamation of Local Emergency ratified by the City Council on April 15, 2024 as the conditions that caused the local emergency to be declared have been resolved and no longer exist.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:
_______________________________

PRISCILLA SCHAUS, CITY CLERK

6.8 Attachment 1 - Resolution

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PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY BY THE CITY

MANAGER OF THE CITY OF FOSTER CITY RELATED TO MAJOR DAMAGE TO

WATER PIPELINE

WHEREAS, Government Code section 8630 and section 2.40.070 (A) of the Municipal Code empower the Director of Emergency Services to proclaim the existence of a local emergency when the City of Foster City (“City”) is affected or likely to be affected by an emergency, as that term is defined in Section 2.40.020 and the City Council is not in session; and

WHEREAS, the Director of Emergency Services is identified in the Municipal Code as the City Manager; and

WHEREAS, the City’s main water pipeline providing potable water to the City residents and businesses sustained major damage on April 7, 2024 resulting in significant loss of water to the City; and

WHEREAS, the City Manager, acting as Director of Emergency Services, does find that conditions of disaster to persons and property within this City have been met due to the significant damage to the water pipeline that could impact water supply; and

WHEREAS, these conditions and the needed response are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the use of outside contractors to conduct emergency repair pursuant to Foster City Municipal Code Chapters 2.40, 3.04 and without giving notice for bids to let the contract, pursuant to Public Contract Code 22050; and

WHEREAS, the City Council is not in session and cannot immediately be called into session; and

WHEREAS, this Proclamation shall be subject to confirmation by the City Council within seven days of execution; and

WHEREAS, the City will provide written notification of this Proclamation and other necessary documents to the appropriate departments within San Mateo County and the California Governor’s Office of Emergency Services pursuant to Government Code 8607.

DocuSign Envelope ID: C7ADDDFF-11B8-41C8-BB09-9E9A27477259

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NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said City.

IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers functions and duties of the emergency organization of this City shall be those prescribed by state law, by ordinances, and resolutions of this City, and that this emergency proclamation shall expire on April 15, 2024 unless ratified and extended by the City Council of the City of Foster City.

Dated: April 8, 2024 ________________________________ Stefan Chatwin, City Manager

DocuSign Envelope ID: C7ADDDFF-11B8-41C8-BB09-9E9A27477259

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6 3
4 DATE: May 6, 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
Vanessa Brannon, Senior Management Analyst
DEPARTMENT: Community Development
SUBJECT: CITIZENS SUSTAINABILITY ADVISORY COMMITTEE 2023 YEAR END REPORT, REVIEW OF MISSION STATEMENT, 2023
ACCOMPLISHMENTS, AND GOALS FOR 2024

RECOMMENDATION
It is recommended that the City Council, by Minute Order, accept the Citizens Sustainability Advisory Committee (CSAC) 2023 Year End Report, Mission Statement, and Goals for 2024.

EXECUTIVE SUMMARY
The Citizens Sustainability Advisory Committee has prepared a written Year-End Report for 2023 and Goals for 2024 and reviewed its Mission Statement for the City Council's review and acceptance.

BACKGROUND/ANALYSIS
Pursuant to Minute Order No. 802, each citizen-advisory committee must prepare a written year-end report, review its mission statement, and prepare a written annual goals/work program for the upcoming year for presentation to the City Council at a City Council meeting in the first quarter of each year. This report was delayed due to Committee and Staff work on the Draft Climate Action Plan Update and preparations for Earth Day celebrations.

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4 CSAC’s Mission Statement for 2024 is unchanged from 2023 and is as follows: The Citizens Sustainability Advisory Committee shall advise the City Council on sustainability issues facing Foster City regarding Environmental, Economic, or Social sustainability and research, review, and provide comments on proposed programs and initiatives.

At its March 13, 2024 Regular Meeting, the Citizens Sustainability Advisory Committee Members approved Goals for 2024.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
There is no fiscal impact

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

Attachment 1 - 2023 Citizens Sustainability Advisory Committee Year-End Report Attachment 2 - Mission Statement and Goals for 2024

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Citizens Sustainability Advisory Committee (CSAC)
2023 Year-End Report

1. Support Staff in updating the City’s Climate Action Plan (CAP) •Committee helped staff with outreach efforts by participating in workshops and conducting surveys in the community
•Committee interacted with residents at 4th of July and Summer Days events to gather public sentiment and increase awareness regarding the Climate Action Plan Update and Sustainable Living
•Committee members provided feedback and ideas for Climate Action Plan strategies
•Committee members collectively read “Fostering Sustainable Behavior: An Introduction to Community-Based Social Marketing” to find new ways to encourage participation in CAP initiatives and sustainable living in the Foster City community

2. Create mechanisms for the community to share, discuss, and learn best practices in all areas of sustainability (social, economic, and environmental).
•Committee began writing blogs to share tips and resources about Sustainable Living with the community for sustainable.fostercity.org •Committee found creative methods to conduct community outreach, including encouraging public participation at CSAC Meetings, attendance at events, one-on-one conversations, and
•Partnered with the Mayor for “Mayoral Minute” video segment about recycling

3. Identify partnerships within the city to help towards the goals of the Climate Action Plan
•Committee explored and evaluated alternatives to fireworks and presented to Parks & Rec committee and received valuable input and feedback •Committee began planning for 2024 Earth Day activities in partnership with the Youth Advisory Committee and with support from the Park & Rec committee

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4. Committee Work
•Committee members selected a Chair and a Co-Chair for 2023 •Committee welcomed a Small Business Member to have a full Committee of ten (10)
•Committee created three (3) subcommittees to increase the effectiveness of Regular Meetings
oClimate Action Plan Outreach Subcommittee
oCommunity Engagement Subcommittee
oBusiness Engagement Subcommittee
•Committee members participated in the 2023 Earth Day Clean-up •Committee hosted several guest speakers at Regular Meetings oHeat Pump Water Heater expert
oSan Mateo Consolidated Fire Department – regarding the Local Hazard Mitigation Plan and its connection to the City’s Climate Action Plan
oRidwell Recycling, which specializes in collecting residential hard-to- recycle items, such as plastic film
oPublic Works Principal Analyst discussed the trash/recycling process and the City’s policies
oPeninsula Clean Energy shared their vision and various residential programs
•Committee developed Goals for 2023

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Citizens Sustainability Advisory Committee (CSAC)
2024 Mission Statement and Goals
Mission Statement: To serve in an advisory capacity at the pleasure of the City Council. The Citizens Sustainability Advisory Committee advises the City Council on sustainability issues facing Foster City regarding Environmental, Economic, or Social sustainability and researches, reviews, and provides comments on proposed programs and initiatives.

1. Support City Staff in promoting and implementing the City’s Updated Climate Action Plan
•Assist City staff to develop and implement Year One CAP Initiatives •Develop pilot programs to test the “Social-Based Marketing” concept to help achieve behavioral changes

2.Continue to seek out and promote sustainability best practices to the Foster City Community
•Build on first-year CSAC successes in community engagement •Promote sustainability initiatives to the business community

3.Continue to seek partnerships to collaborate across local organizations
•Seek future collaborations with Youth Advisory Committee and Parks and Recreation Committee members
•Partner with local organizations to promote sustainable living

7.1 Attachment 2 - Mission Statement and Goals for 2024

185

DATE: May 6, 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: Waqas Hassan, Assistant Finance Director
DEPARTMENT: Finance
SUBJECT: GENERAL FUND RESERVE POLICY

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors approve the attached resolutions adopting an updated General Fund Reserve Policy that would establish a minimum reserve threshold of 50% of budgeted annual operating expenditures.

EXECUTIVE SUMMARY
At the February 26, 2024 Special Meeting, the City Council/EMID Board provided policy direction to City staff to prepare a resolution updating the General Fund Reserve Policy and changing the minimum reserve threshold to 50% of the budgeted annual operating expenditures.

BACKGROUND AND ANALYSIS
The City’s current reserve policy for its General Fund is a minimum reserve threshold of 33-1/3% of budgeted annual operating expenditures, with a target reserve range of 33- 1/3% to 50% of budgeted annual operating expenditures.

Based upon the discussion held during the February 26 meeting, the Council/EMID Board of Directors determined that the current General Fund reserve policy should establish a fixed percentage reserve threshold instead of a range. Additionally, it was

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determined that the COVID-19 pandemic and the current economic situation has proved that the City needs to be fiscally prepared for unforeseen circumstances.

Increasing the General Fund reserve threshold to 50% would allow the threshold to be more reflective of increasing operating expenditures in future years. In addition, the City Council indicated that a reserve threshold of 50% be used in managing General Fund reserves in its 5-Year Financial Plan.

Upon City Council adoption of the attached resolutions, staff will record a designation of unrestricted General Fund balance equal to 50% of the FY 2023-2024 budgeted annual expenditures. Thereafter, at the end of each fiscal year, staff will update the designation of unrestricted General Fund balance based on 50% of the budgeted annual expenditures for the following fiscal year.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Not Applicable

FISCAL IMPACT
There is no fiscal impact in accepting the policy. Staff will record a designation of unrestricted General Fund balance representing 50% of the FY 2023-2024 budgeted annual operating expenditures. Going forward, staff will update this designation every year based on the budgeted annual General Fund operating expenditures.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Innovation and Sustainability
Staff Empowerment and Operational Excellence

ATTACHMENTS
Attachment 1 – City Resolution
Attachment 2 – EMID Resolution

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RESOLUTION NO. _____________

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

A GENERAL FUND RESERVE POLICY THAT ESTABLISHES A MINIMUM RESERVE THRESHOLD OF 50% OF BUDGETED ANNUAL OPERATING EXPENDITURES

CITY OF FOSTER CITY
WHEREAS, the City Council’s current General Fund reserve policy is a minimum threshold of 33-1/3% of budgeted annual operating expenditures and a target reserve range of 33-1/3% to 50% for purposes of its Five-Year Financial Plan; and WHEREAS, the City Council desires to change its current General Fund reserve policy to reflect a minimum threshold of 50% of budgeted annual operating expenditures.

NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Foster City that the General Fund reserve policy is revised to establish a minimum reserve threshold of 50% of budgeted annual operating expenditures, and that the Finance Director is hereby directed to record the minimum reserve threshold in the City’s financial records based upon the annual budgeted expenditures in the most recently adopted annual budget for the General Fund.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 6th day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

8.1 Attachment 1 - City Resolution

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RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT ADOPTING A GENERAL FUND RESERVE POLICY THAT ESTABLISHES A MINIMUM RESERVE THRESHOLD OF 50% OF BUDGETED

ANNUAL OPERATING EXPENDITURES

FOSTER CITY
WHEREAS, the Board of Directors current General Fund reserve policy is a minimum threshold of 33-1/3% of budgeted annual operating expenditures and a target reserve range of 33-1/3% to 50% for purposes of its Five-Year Financial Plan; and WHEREAS, the Board of Directors desires to change its current General Fund reserve policy to reflect a minimum threshold of 50% of budgeted annual operating expenditures.

NOW, THEREFORE, BE IT RESOLVED by Board of Directors of the Estero Municipal Improvement District that the General Fund reserve policy is revised to establish a minimum reserve threshold of 50% of budgeted annual operating expenditures, and that the Finance Director is hereby directed to record the minimum reserve threshold in the EMID’s financial records based upon the annual budgeted expenditures in the most recently adopted annual budget for the General Fund.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 6th day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

8.1 Attachment 2 - EMID Resolution

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5 5
8 DATE: May 6, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Derek Schweigart, Parks and Recreation Director
Frank Fanara, Parks Maintenance Manager
DEPARTMENT: Parks and Recreation
SUBJECT: APPROVE A LICENSE AGREEMENT WITH THE ISLAND UNITED CHURCH (IUC) FOR USE OF SPECIFIC PROPERTY AT 1130

BALCLUTHA DRIVE FOR A COMMUNITY GARDEN PILOT

PROGRAM, APPROVE AN APPROPRIATION FROM THE
COMMUNITY BENEFITS FUND IN THE AMOUNT OF $22,900 TO

DEVELOP THE COMMUNITY GARDEN, AND APPROVE A

MEMORANDUM OF UNDERSTANDING (MOU) WITH THE FOSTER

CITY COMMUNITY GARDEN ASSOCIATION (FCCGA), IUC AND

THE CITY OF FOSTER CITY RELATING TO THE CREATION

AND OPERATION OF THE COMMUNITY GARDEN

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution:
1) Approving a License Agreement with the Island United Church (IUC) for use of specific property at 1130 Balclutha Drive for a community garden pilot program; 2) Approving an appropriation in the amount of $22,900 from the Community Benefits Fund (005-0110-413-4251) to support development of the Community Garden; and
3) Approving a Memorandum of Understanding (MOU) with the Foster City Community Garden Association (FCCGA), IUC and the City of Foster City relating to the creation and operation of the Community Garden; and finding the actions

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8 exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15304 (Class 4-Minor Alterations to Land).

EXECUTIVE SUMMARY
City staff have been working with members of the public over the past couple of years with the goal of establishing a community garden in Foster City. The Parks and Recreation Committee included the exploration of a community garden into their 2023 annual work plan after being briefed on this initiative. The work plan was presented to the City Council on February 6, 2023. Following this, in December 2023, staff conducted a survey to gauge community interest in establishing a community garden within city limits. The survey, which was open to the public from 12/6/23-12/29/23, garnered 289 responses, indicating strong community support for the idea (Attachment 1).

Among the respondents, 218 expressed interest in participating as gardeners, underscoring the community's desire for accessible green spaces and communal gardening activities. These findings were shared with the Parks and Recreation Committee, who expressed their support for the project.

Subsequently, City staff undertook an examination of potential locations for the community garden on existing public park land. Three possible park sites—Edgewater, Boothbay, and Pompano—were identified, along with the necessary modifications required at each location. However, the assessment revealed significant challenges, including the need for major site modifications such as irrigation installation, turf, and tree removal, and ensuring accessibility.

Last year, the Foster City Rotary Club and the FCCGA approached City staff with a proposal to collaborate on the development of a community garden on the vacant land owned by the Island United Church (IUC) at 1130 Balclutha Drive. Under the proposed terms, the City would contract with IUC for the use of the land for a defined term, with optional extensions for renewal. Concurrently, the FCCGA would collaborate with the City to oversee the garden's daily operations.

The staff identified the vacant land owned by IUC as an ideal location for the Community Garden for several reasons:
•Accessibility: Situated close to the street, the site offers convenient access for residents living in multi-family housing units.
•Minimal modifications required: The lot is vacant, requiring no major alterations for garden development.
•Mutual partnership: Both the church and the FCCGA expressed willingness to partner on the project, offering the use of otherwise underutilized land.

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5 5
8 BACKGROUND
During the regular City Council meeting on February 6, 2023, the Parks and Recreation Committee presented their 2022 annual report, outlining their accomplishments and proposed goals for 2023. Included in their work plan was exploring the possibility of establishing a community garden in Foster City. Following this presentation, current Mayor Patrick Sullivan requested a future agenda item to discuss the development of a community garden, with a majority of the City Council supporting the request.

Subsequently, the Parks and Recreation Department embarked on a comprehensive study to assess the feasibility of establishing a community garden. This involved identifying potential locations, evaluating the suitability of existing park land, and estimating the associated costs for necessary modifications. City staff conducted thorough research, including visits to neighboring agency community gardens, to gather insights into best practices. Throughout this process, the Parks and Recreation Committee received regular updates from staff during their meetings and actively participated in discussions regarding the establishment of a community garden.

Foster City Rotary Club and the FCCGA approached staff last year and suggested partnering to develop a community garden in Foster City. They proposed a site at 1130 Balclutha Drive, within a space that was given to the IUC in the 1970s and has since remained undeveloped. The project site consists of around 2,026 sf within an available 13,900 sf area and offers an ideal space for the community garden. The location is conveniently surrounded by multifamily residences, with accessible entry points from Balclutha and the IUC parking lot on Comet Drive. In recognition of the site potential, the Rotary Club of Foster City applied for and received a $9,000 contribution from Rotary International specifically for the development of a community garden.

The church council agreed to the installation of 15 planter boxes on their property. The Boy Scout Troops and Rotarians worked together to prepare the grounds and construct the boxes. In the absence of an organization to administer the garden, the planter boxes were officially "gifted" to the church. Subsequently, Rotarians installed hose bibs to ensure a water supply for the garden. This is the current condition and status of the proposed community garden.

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8 ANALYSIS
Staff conducted extensive research into community garden best practices, including visiting and meeting with representatives that oversee the operations of community gardens. Additionally, staff reached out to several neighboring city parks and recreation departments to request information on various aspects including costs to develop, sponsorships, garden size, rental costs, and the level of involvement and support provided by each agency. This research revealed many common management practices

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5 5
8 for community gardens, with the majority of those surveyed overseen by volunteers with various levels of support by the city.

Many community gardens can be successfully self-managed with minimal oversight.

Typically, community gardens exist as secure locations accessible only to members, who are required to pay an annual fee along with a deposit for a garden plot. The fees help to offset the costs of utilities and supplies. Additionally, members are obligated to adhere to strict bylaws, sign agreements, and maintain their respective garden plots.

Based on findings from research into neighboring agencies, staff recommend partnering with IUC and FCGGA to implement a Community Garden Pilot Program in Foster City.

License Agreement
The License Agreement allows the City exclusive use of a specific portion of the IUC property for community garden-related uses, including educational events and workshops related to sustainable gardening practices (Attachment 3). The City would be required to pay a fee of one dollar per year for three (3) years with an option to add two (2) additional years. The License Agreement would also allow the City to install and maintain certain improvements including installation and maintenance of water lines and a water meter, construction and installation of a tool shed and installation of a cyclone fence and gate around the garden. The License Agreement also includes other terms and requirements relating to the grant of the license, including insurance and indemnity requirements in addition to other standard terms.

MOU
The MOU between the FCCGA, IUC, and City would specify the obligations for each party for the development and operation of the Community Garden Pilot Program (Attachment 4). Those obligations are summarized below:

City of Foster City:
•Pay for the water connection and install a dedicated water service line that will service the garden. The associated costs of installing the dedicated service line meter and backflow and all components will be furnished and performed by City staff;
•Pay for monthly water bills;
•Fund a portion of new fencing to surround the existing garden beds; •Collect fees and deposits and provide refunds on deposits and fees, if necessary; •Provide various gardening tools; and
•Provide a small storage shed for hand tools and other gardening supplies.

IUC:
•Donate funding to pay for a portion of new fencing to surround the garden site; •Provide liability insurance for areas outside of the fence known as the garden per the license agreement;

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8 •Allow visitors to access the Community Garden through their property.

FCCGA:
•Creating an application process for people who desire a garden plot; •Manage and maintain oversight of the daily operations of the garden; •Establishing the rules and regulations for the use of the Community Garden, including the hours of operation, the requirements relating to use of tools, water usage, payment of fees for use of Garden, unauthorized plantings, etc. (Attachment 5);
•Establish a Board of Directors consisting of members of FCCGA, IUC and Foster City Rotary Club which will create and enforce the polices and guidelines for the community garden;
•Perform regular inspections of garden plots;
•Hold quarterly meetings and prepare reports for the City and IUC highlighting any concerns or issues;
•To the maximum extent possible, ensure organic gardening practices; •Prepare and participate in various community-building initiatives, including workshops, volunteer opportunities and educational programs.

The term of the MOU is for three (3) years with an option to extend on a year-to-year basis if the pilot program is successful. Each party can terminate the MOU upon 60 days’ written notice.

FISCAL IMPACT
The fiscal impact is expected to be minimal outside of the initial investment, as community gardens typically operate with limited assistance from City staff, underscoring the sustainable and self-managed nature of such initiatives.

Per the License Agreement and MOU, the City is responsible for the installation of a dedicated water service line and meter for the garden, and payment of monthly water bills. The City will pay the monthly water costs through the deposits and fees collected from the gardeners using the Community Garden (staff will present the fees as a separate item as part of the Master Fee Schedule update pending City Council approval of the pilot program). The City will partially fund a new fence, a small storage shed, and provide gardening hand tools and supplies. Additionally, the City would undertake essential repairs to water supply lines and offer minor assistance for box repairs as required.

City of Foster City Agreement
Estimated
Costs
Water service line/meter installation $5,000
Yearly water for site $2,000

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8 New fencing (City portion) $14,000
Gardening hand tools $1,000
Small storage shed $900
TOTAL ESTIMATED COST $22,900
CEQA

This action is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15304 (Class 4- Minor Alterations to Land) as this action consists of minor alterations to the condition of private land to create new gardening or landscaping, which does not involve removal of healthy, mature, scenic trees.

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

ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Community Garden Survey Results
Attachment 3 – Community Garden License Agreement
Attachment 4 – Memorandum of Understanding
Attachment 5 – Community Garden Policies

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RESOLUTION NO.____________

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

APPROVE A LICENSE AGREEMENT WITH THE ISLAND UNITED CHURCH (IUC) FOR USE OF SPECIFIC PROPERTY AT 1130 BALCLUTHA DRIVE FOR A

COMMUNITY GARDEN PILOT PROGRAM, APPROVE AN APPROPRIATION FROM THE COMMUNITY BENEFITS FUND IN THE AMOUNT OF $22,900 TO DEVELOP THE

COMMUNITY GARDEN, AND APPROVE A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE FOSTER CITY COMMUNITY GARDEN ASSOCIATION (FCCGA),

IUC AND THE CITY OF FOSTER CITY RELATING TO THE CREATION AND

OPERATION OF THE COMMUNITY GARDEN AND FINDING ACTIONS

CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)

CITY OF FOSTER CITY
WHEREAS, the City has received strong public feedback from the public that there is interest in developing a community garden in Foster City; and WHEREAS, the City, the Island United Church (IUC), and Foster City Garden Club (FCCGA) will partner to develop a pilot community garden program at specific property at 1130 Balclutha Drive under a license agreement; and
WHEREAS, the City will assist to develop the location, install a dedicated water service line and meter, and pay monthly water bills for an estimated total fund cost of $22,900; and
WHEREAS, Foster City Community Garden Club (FCCGA) will manage and maintain oversight of the daily operations of the garden; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize City Manager to enter into a License Agreement with the Island United Church (IUC) to operate a Community Garden Pilot Program, approves an appropriation of $22,900 from the Community Benefits Fund to develop the location, and approves a Memorandum of Understanding with the IUC and FCCGA to manage day to day garden operations.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

8.2 Attachment 1 - Resolution

198

8.2 Attachment 2 - Community Garden Survey Results

199

8.2 Attachment 2 - Community Garden Survey Results

200

8.2 Attachment 2 - Community Garden Survey Results

201

8.2 Attachment 2 - Community Garden Survey Results

202

8.2 Attachment 2 - Community Garden Survey Results

203

8.2 Attachment 2 - Community Garden Survey Results

204

14 - Comments

 Id like my children to be able to parƟcipate as well.  I think a community garden is a wonderful idea. Even though it’s diﬃcult for me to keep up with my own garden (I’m 80), I wd love to support those who decide to parƟcipate.
 I am an experienced gardener and have found nothing but joy and love in tending to my plants!
 Rodent control can be tricky.
 It is a great forum to bringing community
 Not my thing, but support the idea given that the gardening fees cover the variable costs
 There are a lot of neglected parts of parks. Community garden should be in those areas. For example, North Killdear Park.
 PLEASE WE'VE NEEDED ONE IN FC FOR A LONG TIMELU
 Hope the plan is for more than 1 garden
 This would be so awesome!
 I do not support this. It becomes an eye sore, people don’t maintain , who pays for the water and maintaince . Look at ot
 I would be extremely interested in helping plan and carry out plans for the community garden. I already raised this as a possibility on Facebook and have had at least 23 people indicate interest in parƟcipaƟng.  Preserving the green space by involving community in gardening is environmentally sound and healthy for land and people.
 It's a wonderful idea and i hope it happens :)
 Every park should have community garden
 Very nice iniƟaƟve
 Looking forward
 This is a fabulous idea, there are many such gardens in the SeaƩle area. I am a member of Island United UCC in Foster City. I support this garden.  I was part of the inaugural Civics Academy, during our Ɵme with the recreaƟon department we discussed the potenƟal for a community garden.

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I do hope one is created, because I am in a property with no backyard or front yard I do not have access to space to garden myself  Excited about this potenƟal community engagement opportunity!  This would be a wonderful addiƟon to our community, and happy to help if needed.
 Would be great for kids to learn about gardening
 it's a great way to include individuals with special needs who may have an interest in gardening. It will also gives them a chance to socialize with others!
 This is a great idea!!
 We suggested this years ago at a city council meeƟng, and Art Keisel shut it down!
 QuesƟon 7. Security deposit for a plot why if you are asking for a materials fee already.
 Community garden will beneﬁt those who want to garden but live in apartments or condos and do not have access to property that can be used for gardening.
 I fear a garden would fall into disrepair and cost too much for upkeep  I think this is a great idea! Hopefully when my injuries get beƩer I can help garden!!
 In my opinion a City like Foster City should have a Community Garden open to everyone!
 A community garden is not just for adults but also for children! It is a great way to expose young ones to gardening, and show them the rewards of paƟence and tending to something.
 Very excited that FC is considering a community garden as many residents of FC rent or have condos without space to garden.
 If a community garden is built, I believe the open space in Pompano Circle would be a great place as it easily accessible for people to walk through and has plenty of space to build miscellaneous structures such as fountains, benches, sheds, etc.
 I have hoped Foster City would start a community garden for a long Ɵme. I love working in my own garden. It is very relaxing. I love to see plants and ﬂowers grow.

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 Hey there! My name is Melody Liu and I am currently a high school junior at Aragon High School. The prospect of creaƟng a community garden has been on my mind for a long Ɵme and I had been planning on pitching the idea someƟme, but it's fantasƟc that the city is already considering it! I have a lot of plans and ideas that I am eager to contribute and I am ready to be acƟvely involved in planning and implementaƟon of this garden in our community. I envision this community garden as more than just a project— it's a space where our community can truly thrive, where people can create meaningful relaƟonships with others and build healthy, sustainable pracƟces. I am wholeheartedly commiƩed to making this vision a reality and if you share the same enthusiasm, I'd love to collaborate together.

Looking forward to hearing from you!
 This is a great idea! Yes please :)
 I would also encourage the city to plant more trees. The middle barriers between streets have very ugly trees and bushes.
 Already started with Hydroponics due to the restricted space in my apartment. I would like to learn more about gardening and how I can connect this to my engineering skills.
 The reason l personally could not have a plot is that I am handicapped due to having Parkinson's for 13+ years.
 This is a great iniƟaƟve for FC to bring neighbors and members of this community together!
 My daughter would probably parƟcipate so I answered 1-2 quesƟons for her.
 This may be an acƟvity to have one bed for the members of the Foster City Village.
 quesƟons 7 and 8 are big if for me.
 This is a great idea!
 Great idea!

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3 LICENSE AGREEMENT
(Community Garden)
This License Agreement for Community Garden ("Agreement") is effective as of May 6th, 2024 (“Effective Date”), and is between THE CITY OF FOSTER CITY, a California municipal corporation and general law city ("Licensee" or “City”), and ISLAND UNITED CHURCH ("Licensor").

SECTION 1. Recitals. This Agreement is entered into with respect to the following facts:

1.1 Licensor is owner of certain real property located within the City of Foster City, with an address of 1130 Balclutha Drive Foster City, CA 94404, APN 094062760, and depicted on the attached Exhibit A (“Property”).

1.2 Licensor wishes to grant Licensee a license to use the Property for a three-year pilot community garden -related uses, which shall include but not be limited to uses such as gardening by community members, educational events, workshops related to sustainable gardening practices ,meetings and social events relating to the garden, according to the terms discussed in this Agreement (“Garden-related uses”). Said events shall not interfere with the Licensor’s normal operations.

1.3 1.3 The Parties acknowledge that 15 Garden Plots were installed in the area described in Exhibit B and shall remain the property of the IUC.

SECTION 2. Grant of License.

2.1 Grant of License. Licensor grants to Licensee an exclusive license (“License”) to use a portion of the Property, as depicted in Exhibit B, attached hereto and hereinafter incorporated by reference, for the purpose of operating a pilot community garden (“Garden”).

2.2 Improvements. Licensee may install and maintain improvements on the Property reasonably related to the operation of such a Garden (“Improvements”).

Improvements to the Property, include but are not limited to, the following:

2.2.1 Installation and maintenance of water lines and water meter;

2.2.2 Construction and Installation of tool shed;

2.2.3 Installation of a cyclone fence and gate around the Garden.

Licensee shall install these Improvements at its sole cost and may remove those Improvements at the end of the Term of the License. Any Improvements affixed to the Property shall become the property of the Licensor, including the fence, water lines, meter and tool shed.

2.3 Fee. As consideration for the License, Licensee will pay Licensor $1.00 for each year of the Term of the License (“License Fee”). The License Fee shall be paid on June 1st of each year during the Term of this Agreement.

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3 SECTION 3. Operation of Garden.

3.1 The Garden shall be operated in a manner consistent with the terms of the Memorandum of Understanding (“MOU”) entered into between Licensee and Licensor and the Foster City Community Garden Association, including the Policies and Regulations promulgated by the Foster City Community Garden Association, which may be amended from time to time.

3.2 Utilities. Licensee has sole responsibility for obtaining and paying for all water utilized by the Garden during the License term. If the MOU or this License Agreement is terminated for any reason, the Licensee shall cease paying for water as of the effective date of the termination. No other utilities shall be utilized for the Garden.

SECTION 4. Insurance.

4.1 Licensee will obtain public liability and property damage insurance which names the Licensor as additional insureds and covers Licensee obligations under this Agreement in an amount not less than One Million Dollars ($1,000,000) .

4.2 Licensor shall obtain insurance shall, at its own cost, take out and maintain without interruption during the life of this Agreement in such form and with a company or companies satisfactory to the Licensee policies of the following types of insurance:

4.3 Comprehensive General Liability Policy, affording coverage for bodily and personal injury liability, including liability for death, and property damage, or a combination thereof, in an amount not less than One Million Dollars (S1,000,000).

The Licensee, its Officers, agents, employees, and volunteers shall be named as an additional insured in all insurance policies.

4.4 Worker's compensation insurance and employer's liability insurance for all employees of the Church, in accordance with State law.

SECTION 5. Taxes. The Church shall, at all times, be responsible for any taxes relating to the Premises, assessed by the County of San Mateo, or any other governmental agency.

SECTION 6. Term and Termination.

6.1 Term. Subject to the provisions of this Section regarding early termination, the term of this Agreement will be for a period beginning on the Effective Date through April 2027. If the pilot program for the Garden is successful, the term may be extended by the parties on a year-to-year basis, until termination of the Agreement.

6.2 Termination. Either party may terminate this Agreement, effective after 60 days’ prior notice. Upon termination of this Agreement and at the request of Licensor, Licensee agrees to remove all Improvements that are not included in those named in Section 2.2, as directed by Licensor and restore the Property to its original condition as of the Effective Date, reasonable wear and tear excepted.

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3 SECTION 7. Indemnification.

7.1 Licensee will indemnify, defend, protect and hold harmless Licensor from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys’ fees and disbursements (collectively, “Claims”), which may arise or otherwise occur as a result of the Improvements or Licensee’s use of the Property under this Agreement, including the installation, maintenance, repair or removal of any of the Improvements, except to the extent that any such Claims are related to the negligence or willful misconduct of Licensor, its agents, or employees.

7.2 Licensor will indemnify, defend, protect and hold harmless Licensee from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys’ fees and disbursements (collectively, “Claims”), which may arise or otherwise occur as a result of the Property under this Agreement, except to the extent that any such Claims are related to the negligence or willful misconduct of Licensee, its agents, or employees.

SECTION 8. Notices. Any notice required to be given under this Agreement must be given by personal service or by deposit of the notice in the custody of the United States Postal Service or its successor, first class postage prepaid, addressed to the party to be served as follows:

Licensee: Stefan Chatwin, City Manager
City of Foster City
610 Foster City Boulevard
Foster City, CA 94404
[email protected]
Licensor: Margaret Hanzl Divine, President
. Island United Church
1130 Balclutha Drive
Foster City, CA 94404
[email protected]
The parties may designate alternate persons to receive notice on their behalf as necessary. Notices will be deemed given as of the date of personal service, or three days after deposit of the notice in the custody of the Postal Service. Notice shall also be sent via email.

SECTION 9. General Provisions.

9.1 Authority to Execute. Each party represents and warrants that all necessary action has been taken by such party to authorize the undersigned to execute this Agreement and to bind it to the performance of its obligations.

9.2 Binding Effect; Assignment. This Agreement is binding upon the heirs, executors, administrators, and successors of the parties. This Agreement is personal and may not be assigned except to a successor in interest of the respective party.

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3 9.3 Modification of Agreement. No amendment to or modification of this Agreement will be valid unless made in writing and approved by both parties. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void.

9.4 Waiver. Waiver by any party of any term, condition, or covenant of this Agreement will not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement.

9.5 Interpretation. This Agreement will be interpreted, construed, and governed according to the laws of the State of California. Each party has had the opportunity to review this Agreement with legal counsel. The Agreement will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party.

9.6 Severability. If any term, condition, or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement will not be affected, and the Agreement will be read and construed without the invalid, void or unenforceable provision.

9.7 Venue. In the event of litigation between the parties, venue in state trial courts will be in the County of Los Angeles. In the event of litigation in a U.S. District Court, venue will be in the Central District of California, in Los Angeles.

9.8Counterparts. This Agreement may be executed in one or more counterparts, each of which is deemed an original and all of which will be taken together and deemed to be one instrument. Transmission by fax or PDF of executed counterparts constitutes effective delivery.

9.9 Entire Agreement. This Agreement, including the attached Exhibits A and B, and the MOU, which is incorporated by reference and attached as Exhibit C, is the final and exclusive expression of the parties with respect to the matters addressed in this Agreement and supersedes all other agreements or understandings, whether oral or written, between the parties before the execution of this Agreement. [Signatures on the following page.]

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3 THE UNDERSIGNED AUTHORIZED REPRESENTATIVES OF THE PARTIES have caused this Agreement to be executed as follows:

LICENSEE: CITY OF FOSTER CITY
By:________________________________
Stefan Chatwin, City Manager
LICENSOR: Island United Church
By:________________________________
Margaret Hanzl Divine, President
ATTEST:
___________________________________
Priscilla Schaus, City Clerk

APPROVED AS TO FORM
__________________________________
Benjamin L. Stock, City Attorney

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EXHIBIT A
Description and depiction of Property
Located at the corner of Balclutha Drive and Comet Drive in Foster City, CA 94404, this property, owned by the Island United Church, encompasses approximately 45,958 square feet. The premises include a 4,590 square foot church building serving the Island United Church and Challenge Preschool. Adjacent to two private townhome communities, the property features a flat topography and a 9,630 square foot parking lot and includes 17,855 square feet of undeveloped land.
•Land Size: 45,958 square feet
•Existing Structure: Island United Church and Challenge Preschool •Zoning: Public and Semi Public, Public facilities district •Accessibility: Comet Drive and Balclutha Drive

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EXHIBIT B

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EXHIBIT C- MOU
This Memorandum of Understanding (“MOU”) is effective as of May 6th, 2024(“Effective Date”), and is between THE CITY OF FOSTER CITY, a California municipal corporation and general law city ("City”), and Island United Church (“IUC”) and the Foster City Community Garden Association, a 501 (c)(3) nonprofit organization (“Association”).

The parties shall be referred to individually as “City”, “IUC”, “Association”, or “Party” and shall be collectively referred to as “Parties.”
WHEREAS, the City, IUC and Association desire to develop a site within Foster City for a three-year pilot community garden (“Garden”) to allow members of the public to garden and grow fresh flowers and produce and other community garden-related uses, including educational events and workshops related to sustainable gardening practices, meetings and social events relating to the garden (“Garden-related uses”); and WHEREAS, the IUC has agreed to utilize a portion of their property at 1130 Balclutha Drive Foster City, CA 94404 to be licensed to the City pursuant to a License Agreement dated May 6, 2024, for the purpose of establishing and operating a Garden (“Garden Site”); and
WHEREAS, the Association has agreed to operate the Garden, which shall include the establishment of a process for acceptance of applications to participate in the Garden as a gardener (“Participants”) of one of the approximately 15 plots (“Gardening Plot”); and WHEREAS, all parties desire to establish the terms of the operation of the Community Garden.

AGREEMENT
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein set forth, and in reliance on the above Recitals, the Parties hereby agree as follows:

I. Development and Operation of Garden.

A. City Obligations

1. City shall install and maintain a water meter and water pipelines at the Garden Site; City shall provide irrigation water to the garden which will be funded by yearly dues for the duration of the Agreement at no charge to IUC or the Association.

2. The City shall construct and install a tool shed, subject to approval by the IUC and shall provide various gardening tools for use by the Participants; and

3. The City shall financially contribute $14,000 for the expenses associated with the establishment of fencing and gate around the Garden and shall provide the IUC, and the Association with keys to the gate to allow access to the Garden. The Parties acknowledge that the $14,000 contribution towards the fence is not the entire cost, and the remaining cost will come from either IUC or the Association. Estimated cost of fencing is $23,000.

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4. The City shall collect fees and deposits associated with the leasing and maintenance of Garden Plots and provide refunds on deposits and fees, if necessary, when a participant terminates their use of a Garden Plot. The Association shall establish Policies and Regulations (as set forth in section C) regarding payment of fees and refunds to Gardeners.

B. IUC Obligations

1. IUC shall allow access to the approximately 2,026 square foot Garden Site pursuant to the License Agreement between City and IUC dated May 6, 2024; and

2. IUC shall allow visitors to the Garden to park their vehicles on the street adjacent to the Garden Site and access the Garden through their property. IUC may establish reasonable rules regarding access to the Garden and parking at the Garden Site, which the parties shall endeavor to comply with.

C. Association Obligations

1. Association shall maintain a 501C certification and provide a copy of annual certification to IUC. Association shall be responsible for operating and maintaining the Garden. The operations shall include the following:
a. Maintaining the 15 Gardening Plots for use by Participants in the Garden. The Gardening Plots shall be approximately 96 sq. ft. in size; b. Creating an application process whereby applicants who desire a Gardening Plot are either issued a Gardening Plot or are put on a waiting list until such time as a Gardening Plot becomes available or this MOU terminates;
b. Establishing the rules and regulations for the Participants to adhere to for day-to-day operation of the Garden (“Policies and Regulations”. The Policies and Regulations, attached hereto and hereinafter incorporated by reference as Exhibit A, shall include among other things, the hours of operation, the requirements relating to Participant’s use of tools, water usage, payment of fees for use of Garden, unauthorized plantings, etc. The Policies and Regulations shall also provide enforcement mechanisms, including termination of participation should a Participant fail to adhere to the Policies and Regulations. The City Director of Parks and Recreation and the IUC shall review and provide comments on the Policies and Regulations before they are finalized and provided to Participants;
c. Once approved by the City and the IUC, the Association shall provide the City and IUC one copy of all Policies and Regulations it uses in connection with assignment of Garden Plots and operation and maintenance of the Community Gardens to each Participant. A copy of the Policies and Regulations shall be posted in the Garden. The Policies and Regulations may be amended by the Association, with the approval of City staff and the IUC from time to time;

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d. Association shall ensure that all Participants execute the release attached hereto as Exhibit B;
e. Association shall ensure that all Participants adhere to the Policies and Regulations when utilizing the Garden Plot;
f. Neither Association nor Participants shall utilize the Garden for commercial activity or use it in a manner that will interfere with the normal operations of the IUC and any school that is located there. However, this does not preclude the establishment of fees by Association to pay for costs incurred or anticipated by Association in association with operation and maintenance of the Gardens. Any fees charged by Association to the Participants for this purpose, shall be collected by the City and are subject to review and approval by the City Director of Parks and Recreation;
g. Maintain oversight of the daily operations of the Garden and file any required corporate and taxes documents for the Garden;
h. Conduct regular inspection of the Gardening Plots for signs of abuse or damage and check the irrigational hose bibbs and hoses for damage or wear; i. Prepare a quarterly report to the City and IUC highlighting any concerns or issues relating to the maintenance and operation of the Garden; and j. To the maximum extent possible, the Association and Participants shall maintain organic gardening practices in the Garden. Spraying of pesticides and herbicides shall be prohibited in the Garden.
k. Prepare and participate in various community-building initiatives, including workshops, volunteer opportunities and educational programs aimed at fostering engagement and learning.

II. Term and Termination.

A. Except as provided in Section IV (E), the Term of this Agreement shall commence on the Effective Date and shall terminate on March 31, 2027, unless terminated earlier in accordance with subsection B. If the pilot program for the Garden is successful, the term may be extended by all the parties on a year-to-year basis, until termination of the Agreement in accordance with Subsection B.

B. Any party may terminate this MOU upon providing sixty (60) days’ written notice to the Parties.

III. Relationship of Parties
It is expressly understood that this is an agreement between the Parties and that no individual agency, employee, partnership, joint venture, or other relationship is

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established by this MOU. No volunteers, agents, employees shall be considered employees of the City.

IV. Hold Harmless.

A. The IUC shall indemnify, defend, and hold harmless the City, Association and their officers, agents, employees, and servants against all damages, claims, liabilities, losses, and other expenses, including without limitation attorneys’ fees and related costs, whether or not a lawsuit or other proceeding is filed, to the extent that they arise out of (1) the negligence or willful misconduct of IUC in performing its obligations described in this MOU; or (2) any acts or omissions by IUC that arise out of IUC’s negligence or willful misconduct.

B. The City shall indemnify, defend, and hold harmless the IUC, Association and their officers, agents, employees, and servants against all damages, claims, liabilities, losses, and other expenses, including without limitation attorneys’ fees and related costs, whether or not a lawsuit or other proceeding is filed, to the extent that they arise out of (1) the negligence or willful misconduct of City in performing its obligations described in this MOU; or (2) any acts or omissions by City that arise out of City’s negligence or willful misconduct.

C. The Association shall indemnify, defend, and hold harmless the City, IUC, and their officers, agents, employees, and servants against all damages, claims, liabilities, losses, and other expenses, including without limitation attorneys’ fees and related costs, whether or not a lawsuit or other proceeding is filed, to the extent that they arise out of (1) the negligence or willful misconduct of the Association in performing its obligations described in this MOU; or (2) any acts or omissions by Association that arises out of Association’s negligence or willful misconduct.

D. A party seeking indemnity and defense under this section shall provide the indemnifying and defending party with prompt notice of any claim and give control of its defense and settlement to the indemnifying and defending party. The party seeking indemnity and defense shall also cooperate in all reasonable respects with the indemnifying and defending party, its insurance company, and its legal counsel in its defense of such claim. The obligation to defend and indemnify pursuant to this section shall not cover any claim in which there is a failure to give the indemnifying and defending party prompt notice, but only to the extent that such lack of notice prejudices the defense of the claim. The indemnifying and defending party may not settle any potential suit hereunder without the other party’s prior written approval, which will not to be unreasonably withheld, conditioned, or delayed. If a party who owes indemnity and defense under this section fails to promptly indemnify and defend a covered claim, the other party shall have the right to defend itself, and in such case, the party owning indemnity and defense shall promptly reimburse the other party for all of its associated costs, legal fees, and expenses.

E. This Section IV. shall survive termination of this MOU.

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V. Notices.

All notices, demands, requests, advices or designations that may be or are required to be given by either party to the other hereunder shall be in writing. All notices hereunder shall be sufficiently given, made or delivered if sent by email and also one of the following methods: 1) served personally: 2) by national overnight courier service; or 3) if sent by United States certified or registered mail, postage prepaid, addressed as follows:

To City: Stefan Chatwin, City Manager
610 Foster City Boulevard
Foster City, Ca 94404
[email protected]
To IUC: Margaret Hanzl Divine, President
1130 Balclutha Drive
Foster City, CA 94404
[email protected]
To Association: Curtis Chen, President
3314 Bay Court
Belmont, CA 94002
[email protected]
Each notice referred to in this Section shall be deemed to have been given on the third business day following the date of such mailing (or any earlier date evidenced by a receipt evidencing delivery from such national courier service or United States Postal Service) or immediately if personally delivered to the person to whose attention notices are to be directed. Either party may change its address for notices by giving notice to the other as above provided.

VI. Insurance.

For the duration of the Term of this MOU, the Parties shall maintain comprehensive (or commercial) general liability insurance with limits of not less than One Million Dollars ($1,000,000) combined single limit for personal injury, bodily injury or death or property damage or destruction (including loss of use thereof) for any one occurrence.

The insurance shall name all Parties as an additional insured. Evidence of such insurance shall be provided to any other party upon request.

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VII. Miscellaneous.

A. Amendments. No provision of this Agreement may be amended or added to except by an agreement in writing signed by all of the parties hereto or their respective successors in interest.

B. Interpretation. Unless the context clearly requires otherwise, (a) the plural and singular numbers shall each be deemed to include the other; (b) the masculine, feminine, and neuter genders shall each be deemed to include the others; (c) "shall," "will," or "agrees" are mandatory, and "may" is permissive; (d) "or" is not exclusive; (e) "includes" and "including" are not limiting; and (f) "days" means calendar days unless specifically provided otherwise.

C. Choice of Law; Venue. This MOU shall be governed by and construed in accordance with the laws of the State of California. Any action or proceeding instituted arising out of or related to this MOU shall be filed in a court of competent jurisdiction in San Mateo County, California.

D. Prior Agreements. This MOU, including the attached Exhibits A and B, and the License Agreement, which is incorporated by reference and attached as Exhibit C, contain all of the agreements of the Parties hereto with respect to the matters identified herein, and no prior or contemporaneous agreements, except for the License Agreement between the City and the IUC, or understandings pertaining to any such matters shall be effective for any purpose, except for contemporaneous written agreements, specifically referring to this MOU, signed by both parties.

E. Counterparts. This MOU may be executed in any number of counterparts, provided each of the parties hereto executes at least one counterpart; each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts, together, shall constitute but one agreement.

F. The MOU shall be binding on all parties, their successors and assigns.

G. The persons signing and executing the MOU have been fully authorized to execute this MOU and to validly and legally bind the Parties to all the terms, performances and provisions herein set forth.

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MEMORANDUM OF UNDERSTANDING FOR CREATION AND

OPERATION OF COMMUNITY GARDEN
This Memorandum of Understanding (“MOU”) is effective as of May 6th, 2024(“Effective Date”), and is between THE CITY OF FOSTER CITY, a California municipal corporation and general law city ("City”), and Island United Church (“IUC”) and the Foster City Community Garden Association, a 501 (c)(3) nonprofit organization (“Association”). The parties shall be referred to individually as “City”, “IUC”, “Association”, or “Party” and shall be collectively referred to as “Parties.” WHEREAS, the City, IUC and Association desire to develop a site within Foster City for a three-year pilot community garden (“Garden”) to allow members of the public to garden and grow fresh flowers and produce and other community garden-related uses, including educational events and workshops related to sustainable gardening practices, meetings and social events relating to the garden (“Garden-related uses”); and
WHEREAS, the IUC has agreed to utilize a portion of their property at 1130 Balcultha Drive Foster City, CA 94404 to be licensed to the City pursuant to a License Agreement dated May 6, 2024for the purpose of establishing and operating a Garden (“Garden Site”); and
WHEREAS, the Association has agreed to operate the Garden, which shall include the establishment of a process for acceptance of applications to participate in the Garden as a gardener (“Participants”) of one of the approximately 15 plots (“Gardening Plot”); and
WHEREAS, all parties desire to establish the terms of the operation of the Community Garden.

AGREEMENT
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and agreements herein set forth, and in reliance on the above Recitals, the Parties hereby agree as follows:

I. Non-Discrimination.

All parties agree that the Garden and the use of the Garden by its members shall be in accord with an inclusive attitude, accepting all persons without bias or prejudice to race, gender, disability or sexual identity.

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4 II. Development and Operation of Garden.

A. City Obligations.

1. City shall install and maintain a water meter and water pipelines at the Garden Site; City shall provide irrigation water to the Garden which will be funded by yearly dues for the duration of the Agreement at no charge to IUC or the Association.

2. The City shall construct and install a tool shed, subject to approval by the IUC and shall provide various gardening tools for use by the Participants; and

3. The City shall financially contribute $14,000 for the expenses associated with the establishment of fencing and gate around the Garden and shall provide the IUC, and the Association with keys to the gate to allow access to the Garden. The Parties acknowledge that the $14,000 contribution towards the fence is not the entire cost, and the remaining cost shall be contributed by IUC or the Association. The estimated cost of fencing is $23,000.00.

4. The City shall collect fees and deposits associated with the leasing and maintenance of Garden Plots and provide refunds on deposits, if necessary, when a participant terminates their use of a Garden Plot. The Association shall establish Policies and Regulations (as set forth in section C) regarding payment of fees and refunds to Gardeners.

B. IUC Obligations.

1. IUC shall allow access to the approximately 2,206 square foot Garden Site pursuant to the License Agreement between City and IUC dated May 6, 2024; and

C. Association Obligations.

1. Association shall be responsible for operating and maintaining the Garden. The operations shall include the following:
a. Maintaining the 15 Gardening Plots for use by Participants in the Garden. The Gardening Plots shall be approximately 96 sq. ft. in size;
b. Creating an application process whereby applicants who desire a Gardening Plot are either issued a Gardening Plot or are put

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4 on a waiting list until such time as a Gardening Plot becomes available or this MOU terminates;
b. Establishing the rules and regulations for the Participants to adhere to for day-to-day operation of the Garden (“Policies and Regulations”. The Policies and Regulations, attached hereto and hereinafter incorporated by reference as Exhibit A, shall include among other things, the hours of operation, the requirements relating to Participant’s use of tools, water usage, payment of fees for use of Garden, unauthorized plantings, etc. Said rules and regulations shall contain a provision that the garden may not be used between dusk and dawn and the hours shall be posted at the Garden. The Policies and Regulations shall also provide enforcement mechanisms, including termination of participation should a Participant fail to adhere to the Policies and Regulations. The City Director of Parks and Recreation and the IUC shall review and provide comments on the Policies and Regulations before they are finalized and provided to Participants; c. Once approved by the City and the IUC, the Association shall provide the City and IUC one copy of all Policies and Regulations it uses in connection with assignment of Garden Plots and operation and maintenance of the Community Gardens to each Participant. A copy of the Policies and Regulations shall be posted in the Garden. The Policies and Regulations may be amended by the Association, with the approval of City staff and the IUC from time to time;
d. Association shall ensure that all Participants execute the release attached hereto as Exhibit B;
e. Association shall ensure that all Participants adhere to the Policies and Regulations when utilizing the Garden Plot; f. Neither Association nor Participants shall utilize the Garden for commercial activity or use it in a manner that will interfere with the normal operations of the IUC and any school that is located there. The Association shall be responsible for ensuring that its members do not use any part of the IUC buildings and grounds, except for the area delineated by the above- mentioned fence. However, this does not preclude the establishment of fees by Association to pay for costs incurred or anticipated by Association in association with operation and maintenance of the Gardens. Any fees charged by Association to the Participants for this purpose, shall be collected by the City and are subject to review and approval by the City Director of Parks and Recreation;
g. Maintain oversight of the daily operations of the Garden and file any required corporate and taxes documents for the Garden;

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4 h. Conduct regular inspection of the Gardening Plots for signs of abuse or damage and check the irrigational hose bibbs and hoses for damage or wear and the Association shall also be responsible for rodent and pest control within the Garden boundaries;
i. Prepare a quarterly report to the City and IUC highlighting any concerns or issues relating to the maintenance and operation of the Garden; andj. To the maximum extent possible, the Association and Participants shall maintain organic gardening practices in the Garden. Spraying of pesticides and herbicides shall be prohibited in the Garden. k. Prepare and participate in various community-building initiatives, including workshops, volunteer opportunities and educational programs aimed at fostering engagement and learning.
l. A fence will surround the designated Garden. The purchase, upkeep and maintenance of the fence will be the responsibility of the Foster City Community Garden Association (FCCGA). The gate(s) will be locked at all times to restrict access to members only. IUC will be provided with a lock combination for access as needed.

2. The Association must maintain their 501(C)(3) status at all times and provide a certificate of compliance to IUS initially and prior to each renewal. Should Association fail to maintain said status, IUS may cancel this Agreement and any renewal with ten (10) days’ notice and the Association shall be responsible for any taxes that the IUC incurs due to the Association loss of status.

3. The Garden will be open to gardening activities by members of IUC, Foster City Rotary and Foster City residents only. Should the Association find that there is a need to expand the people who use the Community Garden, they shall include their findings in their quarterly report and may expand with the written approval of the City and the IUC.

4. An existing structure owned by the Girl Scouts is immediately adjacent to the Community Garden. Foster City Community Garden Association (FCCGA) will not be responsible for any upkeep of the structure but will maintain access to the area.

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4 III. Term and Termination.

B. Any party may terminate this MOU upon providing sixty (60) days’ written notice to the Parties.

IV. Relationship of Parties.

It is expressly understood that this is an agreement between the Parties and that no individual agency, employee, partnership, joint venture, or other relationship is established by this MOU. No volunteers, agents, employees shall be considered employees of the City.

V. Hold Harmless.

D. A party seeking indemnity and defense under this section shall provide the indemnifying and defending party with prompt notice of any claim and give control of its

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4 defense and settlement to the indemnifying and defending party. The party seeking indemnity and defense shall also cooperate in all reasonable respects with the indemnifying and defending party, its insurance company, and its legal counsel in its defense of such claim. The obligation to defend and indemnify pursuant to this section shall not cover any claim in which there is a failure to give the indemnifying and defending party prompt notice, but only to the extent that such lack of notice prejudices the defense of the claim. The indemnifying and defending party may not settle any potential suit hereunder without the other party’s prior written approval, which will not to be unreasonably withheld, conditioned, or delayed. If a party who owes indemnity and defense under this section fails to promptly indemnify and defend a covered claim, the other party shall have the right to defend itself, and in such case, the party owning indemnity and defense shall promptly reimburse the other party for all of its associated costs, legal fees, and expenses.

E. This Section V. shall survive termination of this MOU.

VI. Notices.

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4 Each notice referred to in this Section shall be deemed to have been given on the third business day following the date of such mailing (or any earlier date evidenced by a receipt evidencing delivery from such national courier service or United States Postal Service) or immediately if personally delivered to the person to whose attention notices are to be directed. Either party may change its address for notices by giving notice to the other as above provided.

VII. Insurance.

The insurance shall name all Parties as an additional insured. Evidence of such insurance shall be provided to any other party upon request.

VIII. Miscellaneous.

A. Amendments. No provision of this Agreement may be amended or added to except by an agreement in writing signed by all of the parties hereto or their respective successors in interest.

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4 F. The MOU shall be binding on all parties, their successors and assigns.

G. The persons signing and executing the MOU have been fully authorized to execute this MOU and to validly and legally bind the Parties to all the terms, performances and provisions herein set forth.
[Signatures follow on the next page]

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IN WITNESS WHEREOF, the duly authorized representatives of the Parties to this MOU have executed this MOU as of the day and year first above written.

THE CITY OF FOSTER CITY
a municipal corporation
By:

Stefan Chatwin, City Manager
IUC:

By: _____
Margaret Hanzl Divine, President
ASSOCIATION:

By:

Curtis Chen, President
Attest:
_________________________________
Priscilla Schaus, City Clerk
Approved as to form:
_________________________________
Benjamin L. Stock, City Attorney

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EXHIBIT A-POLICIES AND REGULATIONS
Community Garden
Policies and Regulations
Gardeners of the Community Garden, welcome! We’re fortunate to be part of this wonderful resource provided through the collaboration of the Island United Church, The City of Foster City and the Foster City Community Garden Association.

The following represents the rules and expectations in helping to ensure the successful and sustainable operation of our Community Garden. If you have any questions about them, please speak to a Garden Association Board member.

The Foster City Community Garden Association (Association)will be the party responsible for the operation of the garden and enforcement of the rules and regulations. It is incumbent on all gardeners to maintain a safe and clean garden area.

The Community Garden is on the property of Island United Church. The church has a regularly scheduled service on Sunday morning and has other activities (unscheduled) throughout the week. Gardeners have access to the garden and parking lot but are not allowed to enter or use the church building or fenced play area. The church houses a preschool, Challenge School, that operates Monday -Friday. (7AM-6PM).

Gardeners will give priority to the church and school activities and conduct themselves in a manner that is not disruptive to either the church or school.

I. Plot Allocation

1. Plots are only leased to City of Foster City residents, members of the Foster City Rotary Club and members of Island United Church who are at least 25 years of age. Proof of residency (as defined as a current ID with address AND current piece of official mail in the plot holder’s name, such as a utility bill) will be required annually. All plot holders must sign a release of liability provided by the Association.

2. The person whose signature appears on the Lease Agreement is the “plot holder” and is ultimately responsible for the garden plot and payment of all fees and charges. A gardening spouse is considered a plot holder and must also sign the hold harmless agreement. One additional gardener at the same address may also sign the agreement.

3. Only one plot will be leased per residence.

4. A plot holder may not garden more than one garden plot in the City of Foster City community garden system.

5. Current plot holders in good standing may renew their garden plots each year. Good standing is defined as having adequately and satisfactorily maintained a plot year-round, not having any unresolved disputes with the Board, and having paid all fees/charges.

6. No plots may be exchanged without Association Board approval. Plot holders who have actively maintained and cared for their plots and who have not received a written warning from the Board within the past year, will be eligible for a plot exchange should one become available. Available plots will be offered on a garden participation seniority basis.

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7. Plot holders exchanging plots must have their current plots cleaned and ready for a new gardener as soon as reasonably possible but no later than 60 days from their new plot assignment.

8. Gardeners are responsible for keeping the Association Board notified of their current address, phone number(s), and email address. Maintaining a current mailing address assures that you will receive renewal applications, notifications and when appropriate, a clean-up deposit refund.

9. Persons who relocate outside the city of Foster City during the garden year will be permitted to continue in the garden until renewal, at which time, his/her plot will be reassigned. The Association Board requests advance notice when a plot holder will be relocating.

10. Plot holders must be involved in hands-on cultivation of their plots. Plot holders who sublet care of their plot will forfeit their plot.

11. A plot holder may not relinquish the care or cultivation of his/her plot by transferring it to anyone, including family members or friends. Garden plots that become available will be re-assigned to new gardeners via the established waiting list.

12. A temporarily disabled plot holder may apply for Association approval for another plot holder to care for their plot for up to a 3-month period. If necessary, a 3-month extension period may be applied for. If after this time, the plot holder is still unable to personally care for his/her plot, the plot must be relinquished for re-assignment to a waitlisted gardener.

13. New plot holders must start planting within one (1) month of being awarded the plot or risk forfeiture.

14. Annually a roster of all garden members’ names and plot numbers will be shared with other gardeners as will the names and contact information for current Garden Association Board members.

15. The garden plots cannot be used by plot holders for commercial activity or purposes.

II. Care of Plots

1. All plots must be actively maintained in a manner acceptable to the Association. This includes regular weeding, watering and care of the assigned plot year-round. Allowing plants to self-sow does not constitute “active” gardening.

2. It is estimated that an average of 4-5 hours per week is necessary to keep and properly maintain a productive and attractive garden plot.

3. No excessive or unsightly storage of supplies, equipment or poor garden condition will be tolerated.

4. After use, tools and planting materials must be properly stored within each plot or removed by the plot holder. Communal garden tools must be returned to the garden storage shed. Garden hoses must be properly coiled and returned to post holders.

5. The south and west pathways around each bed are the responsibility of the plot holder and are to be kept free of weeds and debris and also covered with bark chips. At no time will gardening be permitted outside the borders of the plot, including pathways and other common areas, whether in the ground or in pots.

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6. PLOTS MUST BE COMPLETELY PLANTED AT ALL TIMES OF THE YEAR including a winter garden and/or cover crop. A plot cannot be left fallow or covered with plastic, burlap, or straw except for mulching around plants. Cover crops must not be allowed to reach a seeding stage.

7. Only vegetables, flowers and herbs may be grown on the plots. With the sole exception of roses, fruit trees and bushes are not permitted.

8. Plants infested with insects or disease must be removed from the garden as soon as possible to protect healthy plants.

9. Crops must be harvested and not left on the ground to rot and go to waste. Vegetation that has finished bearing or is dead must be removed from the garden immediately.

10. NO FENCES OR ARBORS ARE PERMITTED

11. Respect the need of your neighbors plants for sunlight. Tall plants such as tomatoes, legumes, corn, etc. should be located so that they do not produce excessive shading onto adjacent plots and do not extend into pathways.

12. Temporary trellises, no more than 5 feet high, may support annual vegetation. In no case may they shade a neighboring plot. Trellises must be removed as soon as the plant has finished bearing.

13. One permanent structure per plot will be allowed for the support of perennials. In no case may a structure exceed 5 feet tall by 6 feet wide or shade a neighboring plot.

14. Prohibited plants include, but are not limited to:
•Marijuana, Cannabis spp.
•Mint, Mentha spp. (allowed in pots only)
•Vining berries, Rubus spp.
•Grape vines, Vitis spp.
•Sunchoke, Jerusalem Artichoke, Hellianthus tuberosus
•Chayote, Sechium edule
•Horseradish, Armoracia rusticana
•Milkweed, Asclepias spp.
•Opium poppy, Papaver somniferum
•Succulents, ask Board about specific species.
•Morning glory, Ipomoena spp.
•Jupiter’s beard, Centranthus rube

15. Care must be taken to not allow plants to grow that may compromise the structure of the raised beds.

16. To the extent possible the Association will promote, and the gardeners will maintain organic gardening practice. Spraying pesticides or herbicides will not be allowed. Pest control shall be the responsibility of the plot holder. Composting of organic material is encouraged. The Association will make available a common composting area.

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III. General Garden Maintenance

1. NO EXCESSIVE OR UNSIGHTLY STORAGE OR CONDITION WILL BE TOLERATED. No more than one chair, one compost bin, one debris box and one SMALL hand tool storage box will be permitted.

These must be kept within the plot, not in the aisle.

2. To prevent wasteful use of water, gardeners are required to stay in the vicinity of their plot while watering. Do not leave unattended or on all night. Please turn off all faucets of unattended plots.

3. Water spigots/hoses must be made available to other plot holders at all times.

4. All loose materials, refuse, personal tools, etc. must be cleared from the pathways and either stored inside the plot or taken from the garden by the plot holder.

5. Personal sheds of any kind are not permitted.

6. Each gardener will be responsible for the removal of all waste material. Use of the church or school garbage, recycle or composting receptacles is prohibited.

IV. Garden Conduct/Plot Holder Responsibilities

1. Everyone, with the exception of the Association Board, must be out of the garden area within one hour after sunset and no sooner than sunrise. Remember, the garden is located in a residential area, so noise needs to be kept to a reasonable level.

2. Reasonable advice and/or direction from the Association Board must be adhered to.

3. Never harvest from another gardener’s plot without permission. Any plot holder who steals or vandalizes property in the garden shall forfeit his/her lease and the proper authorities will be contacted.

4. Absolutely no pets of any kind are permitted in the Garden.

5. Children must remain with the plot holder at all times when in the garden. Please, no running

6. Any adverse physical contact between gardeners, loud, offensive or boisterous behavior or abuse of alcohol within the garden boundaries is prohibited and subject to immediate plot forfeiture. The garden members will maintain an inclusive attitude accepting all persons without bias or prejudice to race, gender, disability or sexual identity.

7. For safety reasons, no glass containers are permitted in the garden

8. Plot holders will be held accountable for the behavior of their guests. No guest is allowed in the garden without the plot holder being present.

9. Amplified music is not permitted.

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10. In the event of non-compliance with one or any of these Polices and Regulations, the following procedure will be followed:

Step 1 Verbal warning issued
Step 2 Written warning
Step 3 Dismissal notice for the Board of Directors Step 4 The gardener may request a Grievance Committee Hearing, in writing (letter or Email) within 7 days of the dismissal notice. The individual must personally Present his/her case to a group of three Board members
Step 5 The Board of Directors will issue a final written notice. That decision is final.

Garden fees and the clean-up deposit will not be refunded.

V. Administrative Requirements

1. NO MODIFICATION TO THE IRRIGATION SYSTEM OR PLOT BOUNDARIES ARE

PERMITTED

2. Topsoil, fertilizer and any hardscape, once added to a garden plot, becomes the property of the Church and may not be moved to another plot or removed from the garden.

3. The yearly rate from February through January is subject to adjustment by the Association Board to cover the operations of the Community Garden. The deposits and fees will be collected by the City based on information provided by the Association.

4. Gardeners will be assessed a one-time $100 cleaning deposit, that will be held and refunded when a plot holder in good standing vacates his/her plot in a clean and totally weed-free condition, as determined by the Association.

5. In the event a plot holder has been dismissed from his/her plot for failure to abide by garden rules or policies, his/her cleaning deposit of $100 and the balance of his/her lease will not be returned.

6. This document may be revised, updated and/or modified by the Foster City Community Garden Board of Directors with the approval of the Island United Church and the City of Foster City. If such a change is made, all plot holders will be notified in writing.

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EXHIBIT B- RELEASE
Community Garden
1130 Balcultha Street
Foster City, CA 94404

COMMUNITY GARDEN
Waiver of Liability Form
RELEASE AND WAIVER: I attest that I am physically fit to participate in all the activities associated with the maintenance and upkeep of the Community Garden plot as a lessee. I hereby for myself, my heirs, executor(s) and administrator(s), waive and release any and all rights and claims for damages I may have against and United Island Church, Foster City Community Garden Association and the City of Foster City its council, officers, boards, employees, volunteers, and agents and any individual associated with and United Island Church, Foster City Community Garden Association and City of Foster City and will hold them harmless for any and all injuries suffered in connection with my activities at the Community Garden.

PHOTOGRAPHIC RELEASE: Further, I hereby grant full permission to all the foregoing to use my likeness in all media including photographs, recordings, or any other record made in connection with my activities at the Community Garden.

Under no circumstances will any lessee be allowed in the Community Garden without first signing this Waiver of Liability Form.
___________________________________ _______
______________________
Print Your Name Date
____________________________________
Signature

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EXHIBIT C- LICENSE AGREEMENT

LICENSE AGREEMENT
(Community Garden)
This License Agreement for community garden ("Agreement") is effective as of May 6th, 2024 (“Effective Date”), and is between THE CITY OF FOSTER CITY, a California municipal corporation and general law city ("Licensee" or “City”), and ISLAND UNITED CHURCH ("Licensor").

SECTION 1. Recitals. This Agreement is entered into with respect to the following facts:

1.3 The Parties acknowledge that 15 Garden Plots were installed in the area described in Exhibit B and shall remain the property of the IUC.

SECTION 2. Grant of License.

2.2 Improvements. Licensee may install and maintain improvements on the Property reasonably related to the operation of such a Garden (“Improvements”).

Improvements to the Property, include but are not limited to, the following:

2.2.1 Installation and maintenance of water lines and water meter;

2.2.2 Construction and Installation of tool shed;

2.2.3 Installation of a cyclone fence and gate around the Garden.

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SECTION 3. Operation of Garden.

SECTION 4. Insurance.

The Licensee, its Officers, agents, employees, and volunteers shall be named as an additional insured in all insurance policies.

4.4 Worker's compensation insurance and employer's liability insurance for all employees of the Church, in accordance with State law.

SECTION 5. Taxes. The Church shall, at all times, be responsible for any taxes relating to the Premises, assessed by the County of San Mateo, or any other governmental agency.

SECTION 6. Term and Termination.

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SECTION 7. Indemnification.

7.2Licensor will indemnify, defend, protect and hold harmless Licensee from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys’ fees and disbursements (collectively, “Claims”), which may arise or otherwise occur as a result of the Property under this Agreement, except to the extent that any such Claims are related to the negligence or willful misconduct of Licensee, its agents, or employees.

SECTION 9. General Provisions.

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9.3 Modification of Agreement. No amendment to or modification of this Agreement will be valid unless made in writing and approved by both parties. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void.

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Community Garden
Policies and Regulations
Gardeners of the Community Garden, welcome! We’re fortunate to be part of this wonderful resource provided through the collaboration of the Island United Church, The City of Foster City and the Foster City Community Garden Association.

The Community Garden is on the property of Island United Church. The church has regularly scheduled service on Sunday morning and also has other activities (unscheduled) throughout the week. Gardeners have access to the garden and parking lot but are not allowed to enter or use the church building or fenced play area. The church houses a preschool, Challenge School, that operates Monday -Friday. (7AM-6PM).

Gardeners will give priority to the church and school activities and conduct themselves in a manner that is not disruptive to either the church or school.

I. Plot Allocation

3. Only one plot will be leased per residence.

4. A plot holder may not garden more than one garden plot in the City of Foster City community garden system.

7. Plot holders exchanging plots must have their current plots cleaned and ready for a new gardener as soon as reasonably possible but no later than 60 days from their new plot assignment.

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10. Plot holders must be involved in hands-on cultivation of their plots. Plot holders who sublet care of their plot will forfeit their plot.

13. New plot holders must start planting within one (1) month of being awarded the plot or risk forfeiture.

14. Annually a roster of all garden members’ names and plot numbers will be shared with other gardeners as will the names and contact information for current Garden Association Board members.

15. The garden plots cannot be used by plot holders for commercial activity or purposes.

II. Care of Plots

2. It is estimated that an average of 4-5 hours per week is necessary to keep and properly maintain a productive and attractive garden plot.

3. No excessive or unsightly storage of supplies, equipment or poor garden condition will be tolerated.

7. Only vegetables, flowers and herbs may be grown on the plots. With the sole exception of roses, fruit trees and bushes are not permitted.

8. Plants infested with insects or disease must be removed from the garden as soon as possible to protect healthy plants.

9. Crops must be harvested and not left on the ground to rot and go to waste. Vegetation that has finished bearing or is dead must be removed from the garden immediately.

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10. NO FENCES OR ARBORS ARE PERMITTED

12. Temporary trellises, no more than 5 feet high, may support annual vegetation. In no case may they shade a neighboring plot. Trellises must be removed as soon as the plant has finished bearing.

13. One permanent structure per plot will be allowed for the support of perennials. In no case may a structure exceed 5 feet tall by 6 feet wide or shade a neighboring plot.

15. Care must be taken to not allow plants to grow that may compromise the structure of the raised beds.

III. General Garden Maintenance

1. NO EXCESSIVE OR UNSIGHTLY STORAGE OR CONDITION WILL BE TOLERATED. No more than one chair, one compost bin, one debris box and one SMALL hand tool storage box will be permitted.

These must be kept within the plot, not in the aisle.

3. Water spigots/hoses must be made available to other plot holders at all times.

4. All loose materials, refuse, personal tools, etc. must be cleared from the pathways and either stored inside the plot or taken from the garden by the plot holder.

5. Personal sheds of any kind are not permitted.

6. Each gardener will be responsible for the removal of all waste material. Use of the church or school garbage, recycle or composting receptacles is prohibited.

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IV. Garden Conduct/Plot Holder Responsibilities

2. Reasonable advice and/or direction from the Association Board must be adhered to.

4. Absolutely no pets of any kind are permitted in the Garden.

5. Children must remain with the plot holder at all times when in the garden. Please, no running

7. For safety reasons, no glass containers are permitted in the garden

8. Plot holders will be held accountable for the behavior of their guests. No guest is allowed in the garden without the plot holder being present.

9. Amplified music is not permitted.

10. In the event of non-compliance with one or any of these Polices and Regulations, the following procedure will be followed:

Garden fees and the clean-up deposit will not be refunded.

V. Administrative Requirements

1. NO MODIFICATION TO THE IRRIGATION SYSTEM OR PLOT BOUNDARIES ARE

PERMITTED

2. Topsoil, fertilizer and any hardscape, once added to a garden plot, becomes the property of the Church and may not be moved to another plot or removed from the garden.

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Community Garden
1130 Balcultha Street
Foster City, CA 94404

COMMUNITY GARDEN
Waiver of Liability Form
RELEASE AND WAIVER: I attest that I am physically fit to participate in all the activities associated with the maintenance and upkeep of the Community Garden plot as a lessee. I hereby for myself, my heirs, executor(s) and administrator(s), waive and release any and all rights and claims for damages I may have against the United Island Church, Foster City Community Garden Association and the City of Foster City, its council, officers, boards, employees, volunteers, and agents and any individual associated with the United Island Church, Foster City Community Garden Association and the City of Foster City and will hold them harmless for any and all injuries suffered in connection with my activities at the Community Garden.

I HAVE CAREFULLY READ THIS RELEASE AND WAIVER AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND SIGN IT OF MY OWN FREE WILL.

Under no circumstances will any lessee be allowed in the Community Garden without first signing this Waiver of Liability Form.
___________________________________ _____________
Print Your Name Date
____________________________________
Signature

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4 DATE: May 6, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Derek Schweigart, Parks and Recreation Director
Frank Fanara, Parks Manager
SUBJECT: AWARD OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH

WRT DESIGN, LLC FOR THE DEVELOPMENT OF A PARKS MASTER
PLAN (CIP 301-682) FOR NOT-TO EXCEED AMOUNT OF $419,949, APPROVE A PROJECT CONTINGENCY OF $41,995, AUTHORIZE A
TRANSFER OF $95,303 FROM GENERAL FUND (FUND 001) TO CITY CAPITAL PROJECTS FUND (FUND 301), AND AUTHORIZE A BUDGET APPROPRIATION FOR $95,303 TO 301-0910-682-4251

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

1. Award of a Professional Services Agreement to Wallace Roberts & Todd Design, LLC (WRT) in the amount not-to-exceed $419,949 to provide professional planning and consultant support services for the Parks Master Plan Project (CIP 301-682) and authorizing the Mayor to execute said Agreement;

2. A project contingency in the amount of $41,995 with authority given to the City Manager to execute contract amendments up to the contingency amount, if necessary;

3. Authorize a transfer of $95,303 from General Fund (Fund 001) to City Capital Projects Fund (Fund 301);

4. Authorize budget appropriation in the amount of $95,303 to 301-0910-682-4251; and

5. Find the project categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15306 (Class 6 - basic data collection, research).

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4 EXECUTIVE SUMMARY
The City’s parks are over 50 years old, which requires attention to the aging infrastructure as well as ensuring that the Parks System remains relevant and continues to meet user needs now and in the future. CIP 301-682 involves the development of the City’s Parks Master Plan as a visioning tool that will guide City decisionmakers in the planning, development and/or rehabilitation, maintenance, and funding of Foster City’s parks for the next 20-30 years.

Execution of the consultant agreement with WRT will allow the planning process for the Parks Master Plan to proceed. The consultant agreement will include master plan preparation, an inventory and assessment report, project management, effective public involvement process, working closely with staff to prepare the Plan, and creating a document for distribution to the public.

WRT was selected from six firms that submitted proposals. The fees in the amount of $419,949 have been negotiated and determined reasonable based on the scope of services. The total Project cost including the necessary 10% contingency ($41,995) is $461,944. Funding in the amount of $366,641 is currently available in the approved Project budget for consultant services and an additional budget appropriation in the amount of $95,303 is necessary to complete the work. With the execution of the agreement, staff will begin work with WRT on the initial inventory and assessment report for the Parks Master Plan and plan the public engagement process.

BACKGROUND
The planning effort around the Foster City’s parks began in September of 2018 when the City entered into an agreement with Placeworks, Inc. to assess the City’s current parks system and develop a long-term vision and strategy to meet the needs of our increasingly diverse population for the foreseeable future. The City's first Parks Master Plan, dating back to 1989, was crafted by city staff under the guidance of the City Manager. The plan encompassed three components: establishing goals and policies for the Parks and Recreation Department, formulating a practical capital improvement program, and outlining general policies to address the evolving service needs of the community for future enhancements.

The Placeworks contract initially produced a comprehensive assessment of City parks, and a community survey was distributed to determine any unmet needs. The agreement with Placeworks included public outreach to be conducted in a few phases consisting of soliciting input from City staff, stakeholder groups, and community members through online engagement, community and pop-up events, workshops, and other opportunities for public involvement. However, the Placeworks contract was terminated in the spring of 2019 before several of the planned public engagement tasks were completed. The work completed with Placeworks will be updated by the new Project consultant.

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4 On June 9, 2021, the City Council discussed the benefit of developing a comprehensive plan for the park system versus identifying key amenities within our Park System to be replaced or improved in the next 10 to 15 years and developing a financing strategy to pay for those improvements over time. Given the amount of time passed since the City assessed its park amenities and the likely shift in how recreational programs and space may be provided and utilized in a post-COVID environment, City Council directed staff to work with the Parks and Recreation Committee (PRC) to provide input on a community engagement strategy and a survey tool to validate the assumptions made by the consultants about future Recreation Center and park system needs. City Council directed staff to develop a community engagement strategy and survey tool and solicit comments and suggestions from the PRC on the outreach strategy before returning to the City Council for further direction. This consolidated feedback was to be prioritized into a CIP plan, priced, validated by staff, and incorporated into the FY 2022-2023 budget for review and ultimate approval by the City Council. The results of the survey were broad and non- specific but provided some insights into park usages patterns, preferences, and suggestions for enhancing parks as well as accessibility and convenience of amenities in the parks. A comprehensive Parks Master Plan would build on these insights and provide the necessary information to guide future park improvements.

On December 18, 2023, the City Council approved the Request for Proposal/Qualifications (RFP/Q) for professional consultant services for the development of a Parks Master Plan. The RFP/Q opened on January 4, 2024, with a due date of February 2, 2024.

ANALYSIS
Consultant Agreement Approval
The RFP was posted on the Foster City website and distributed to a network of consulting firms that perform similar work. The City received six (6) proposals by the end of the advertised period. Staff reviewed the submitted proposals based on a qualification-based selection process and narrowed it down to the top three (3) firms for an in-person presentation and interview:
•RHAA
•WRT
•Gates
An evaluation committee that included representation from the Parks and Recreation Department, Public Works Department, City Manager’s Office and Parks and Recreation Committee served as interview panelists. Following the interview process, the evaluation committee, together with City staff, deliberated and determined WRT to be the best firm for the project. WRT has put together an exceptional team of consultants encompassing all the necessary fields to complete the project. They are a well-established company with significant experience performing similar work on like projects throughout the peninsula.

Other agencies had very positive comments about their performance and work product.

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4 The proposal from WRT was reviewed and the fee negotiated in the amount of $419,949.

Since the initial proposal submittal, staff coordinated with the consultant to modify the scope of services as necessary to include the essential services required to complete the Park Master Plan. Other services that were not deemed necessary and are viewed as optional services to be added later are included as separate line items which will require approval by the City Council. The fees were determined reasonable and fall within the customary range for consultant services of this magnitude and terms of the discounts were determined reasonable.

The scope of services for this project includes include master plan preparation, an inventory and assessment report, project management, effective public involvement process, working closely with staff to prepare the Plan, and creating a document for distribution to the public.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The project is categorically exempt pursuant to CEQA Guidelines section 15306 (Class 6), which allows for information collection, research, and resource evaluation activities as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. The results of the project will identify environmental reviews and studies required to advance the project.

FISCAL IMPACT
The proposed fees in the amount of $419,949 have been negotiated and determined reasonable based on the scope of services. Additionally, a project contingency in the amount of $41,995 or approximately 10% of the contract amount is recommended to pay for additional services to mitigate unforeseen tasks or for additional services that may be required.

Funding in the amount of $366,641 is currently available in the approved Project budget for consultant services. Transfer of $95,303 from General Fund (Fund 001) to City Capital Projects Fund (Fund 301) and an additional budget appropriation in the amount of $95,303 to Account 301-0910-682-4251 is necessary to complete the work.

The City Council’s approval of the attached resolution will allow staff to proceed with the initial evaluation and assessment of the Parks Master Plan with the consultant as well as plan the public engagement process.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

Facilities and Infrastructure

ATTACHMENTS
Attachment 1 - Resolution

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4 Attachment 2 - Agreement
Attachment 3 - Detailed Fee Spreadsheet

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2 0
7 8
RESOLUTION NO.____________

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

AUTHORIZE THE AWARD OF AN AGREEMENT FOR PROFESSIONAL SERVICES

WITH WRT DESIGN, LLC FOR THE DEVELOPMENT OF A PARKS MASTER PLAN (CIP 301-682) FOR NOT-TO EXCEED AMOUNT OF $419,949, APPROVE A PROJECT CONTINGENCY OF $41,995, AUTHORIZE A TRANSFER OF $95,303 FROM GENERAL FUND (FUND 001) TO CITY CAPITAL PROJECTS FUND (FUND 301), AND AUTHORIZE A BUDGET APPROPRIATION FOR $95,303 TO 301-0910-682-4251

CITY OF FOSTER CITY
WHEREAS, on December 18, 2023 City Council approved the Request for Proposal/Qualifications for professional consultant services for CIP 301-682; and WHEREAS, the Request for Proposal was advertised and six (6) consulting firms submitted proposals; and
WHEREAS, as a result of a Qualification Based Selection process, WRT Design, LLC was selected by reason of their in-depth project understanding, experience and specialized skills to provide the services desired by the City; and WHEREAS, the terms and fees of the consultant agreement for $419,949 and necessary 10% contingency ($41,995) have been negotiated and determined reasonable based on the scope of services to be provided; and
WHEREAS, funding in the amount of $366,641 is currently available in the approved project budget; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize:

1. The Mayor to execute the agreement with WRT Design, LLC in the amount not-to- exceed $419,949 for the development of a Parks Master Plan for the Parks Master Plan Project (CIP 301-682);

2. A project contingency in the amount of $41,995 with authority given to the City Manager to execute contract amendments up to the contingency amount.

3. A transfer of $95,303 from general fund (fund 001) to City capital projects fund (fund 301) and authorize a budget appropriation for $95,303 to 301-0910-682-425.

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7 8
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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1 PROFESSIONAL SERVICES AGREEMENT
FOR

THE PREPARATION OF FOSTER CITY PARKS MASTER PLAN
This Agreement is made and entered into as of the 6th day of May 2024 (“Effective Date”) by and between the City of Foster City hereinafter called "CITY" and Wallace Roberts & Todd, LLC (WRT) hereinafter called "CONSULTANT".

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

WHEREAS, CITY desires to engage CONSULTANT to provide professional services in the CITY to prepare an Foster City Parks Master Plan (“Plan”); WHEREAS, CONSULTANT is qualified to provide such services to the CITY and; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:

TERMS AND CONDITIONS

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

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

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

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or

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2 part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

3. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder flat rate of Four Hundred Nineteen Thousand Nine Hundred Forty-Nine Dollars and no cents ($419,949.00) as set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum Four Hundred Nineteen Thousand Nine Hundred Forty-Nine Dollars (419,949.00). Invoices for amounts in excess of Four Hundred Nineteen Thousand Nine Hundred Forty-Nine Dollars (419,949.00). shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon billing following completion of each Task identified in the SOW and any additional services authorized by the City Manager or their designee by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed. Final payment will be made when Services for each task required under this Agreement have been completed to the reasonable satisfaction of CITY including, without limitation, CONSULTANT's transmittal of all deliverables to CITY required by EXHIBIT A.

CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables associated with each identified task required under Exhibit A, SCOPE OF WORK, for the payment period

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3 (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement.

In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

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

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

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

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

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

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4 CONSULTANT represents that it possesses all necessary training, licenses and permits to perform the Services and that its performance of the Services will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Services working on similar projects under similar circumstances to that of CONSULTANT under this Agreement.

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

8. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement (“Work Product”), shall, upon preparation and delivery to CITY, become the property of CITY. However, notwithstanding the foregoing, CONSULTANT shall retain all rights, titles, and interests, including but not limited to all ownership and intellectual property rights, in all inventions, improvements, discoveries, methodologies, models, formats, software, algorithms, processes, procedures, designs, specifications, findings, and other intellectual properties developed, gathered, compiled or produced by CONSULTANT prior to or independently of any of its Services under this Agreement (“Background IP”), including such Background IP that CONSULTANT may employ in the performance of this Agreement, or may incorporate into any part of the Work Product. CONSULTANT grants CITY an irrevocable, non- exclusive, transferable, royalty-free license in perpetuity to use, disclose, and derive from such Background IP, but only as an inseparable part of the Work Product. Third-party content that may be used or incorporated in the Work Product shall not become the property of CITY. CONSULTANT shall clearly identify in writing to CITY that portion of Background IP that is third- party content and shall secure all licenses necessary to any third-party content incorporated into CONSULTANT’s Work Product for CITY to utilize CONSULTANT’s Services and the Work Product for their intended purposes. CONSULTANT shall not be liable or responsible for any use, reuse, or modification of, or derivation from the Work Product without CONSULTANT’s written consent, other than for the purposes contemplated by CONSULTANT’s scope of work in this Agreement.

9. Relationship of Parties. CONSULTANT is an independent Contractor and does not act as City’s agent in any capacity, whatsoever. CONSULTANT is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments,

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5 pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the CONSULTANT’s provision of Services, not the means, methods, or scheduling of the CONSULTANT’s work. CONSULTANT shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement.

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

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

CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.

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

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

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

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

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

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

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

In the event CONSULTANT fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.

13. Workers’ Compensation. CONSULTANT certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

14. Non-Discrimination. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed and the employees are treated during

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

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Stefan Chatwin, City Manager
CONSULTANT: Wallace Roberts & Todd, LLC (WRT)
120 2nd Treet, 3rd Fl.

San Francisco, CA 94105
[email protected]
Attn: Peter Winch, Principal

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

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

18. 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.

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

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8 20. 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.

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

22. Liability of CITY.

Except as provided in Exhibit A, Services to be Provided by CONSULTANT and Exhibit C, Insurance, CITY’s obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,
Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

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

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

23. 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.

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

25. Entire Agreement. This Agreement, including Exhibits A, B, C, and D comprises the entire Agreement.
[Signatures on Next Page]

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10 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:

Patrick Sullivan, Mayor
ATTEST:

Dated:

Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

Peter Winch, Principal for
Wallace Roberts & Todd, LLC (WRT)

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11 EXHIBIT A

SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS AND

SCHEDULE, AND DELIVERABLES FOR

THE PREPARATION OF FOSTER CITY PARKS MASTER
PLAN
Scope of Work
A. Establish Plan Vision, Goals and Objectives
The WRT Team early in the process will engage with Staff, stakeholders, and community members to establish a long-term vision and goals for parks and recreation. This step of the plan process is vital for clarifying the City’s direction for action planning, decision-making, and resource allocation.

The vision, goals and objectives will:

1. Incorporate themes such as accessible, active, equity, inclusion, environmental stewardship, financial sustainability, operational efficiency, unique and distinctive.

2. Consider future trends and best practices for use of public spaces for recreation, health and wellness, and building community.

B. Existing Conditions Assessment and Facilities Study

1. WRT will review existing plans and policies which are relevant to the City’s Park system. This includes the City’s General Plan, Climate Action Plan, Recreation Center Boardwalk Master Plan, Goose Population Management Plan, Foster City’s Age Friendly City (AFC) Initiative Strategic Plan, previous work on Parks Master Plan.

2. WRT will compile an inventory and assessment of the 24 existing parks, athletic fields, and trails. The analysis will consider the capacity of each amenity (playgrounds, ball fields, sports courts, trails, natural areas, amenities, etc.) as well as their use, functionality, accessibility, condition, comfort, and convenience.

3. WRT will conduct meetings and/or interviews with City staff and other stakeholders to identify existing site challenges, desired improvements, opportunities for activation, and visioning for the parks and recreational spaces.

4. WRT will evaluate opportunities that exist in the City’s undeveloped parks and recreational spaces, including ways to activate the City’s lagoon and waterways that are adjacent to many of the City’s parks.

5. WRT will evaluate opportunities to leverage or connect with the school district, and other park and open space agencies.

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12 6. WRT will map the City’s parks and open spaces by type; the equitable distribution of recreation amenities; flooding and sea-level impacts on the park system; 10-min walk access to parks and planned future development with GIS data provided by Foster City, paired with publicly accessible data.

C. Outreach and Public Participation

1.WRT will develop and coordinate a robust public participation plan that includes open houses, workshops, intercept events, pop-up kiosks, and online surveys. In coordination with the City, WRT will schedule public meetings with the community, focus groups and stakeholders to gather all information needed. WRT will recommend to the City the most effective way to reach as many people as possible including users and non-users of the existing parks and recreational areas. As a starting point, WRT proposes the following:
•Meetings with stakeholders, individually or in small groups (up to 3). Stakeholders should represent a cross-section of park users and residents; •Pop-up events early in the process to raise awareness of the planning effort and gather informal feedback on vision and values (up to 3); •Community workshops or open houses (two) that enable the planning team to share findings and relevant context and get input on priorities for the future parks, recreation and open space system.

Foster City City CouncilMay 6, 2024

Foster City City Council
May 6, 2024