Agenda packet — Foster City City Council, August 5, 2024 (part 3 of 4)

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/DISTRICT 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.

5.5 Attachment 18 - Master Agreement Corrosion/Cathodic - Alisto Engineering Group

420

8 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 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/DISTRICT setting forth the provisions of this non-discrimination clause.

15. Notice. All notices required by this Agreement shall be given to the CITY/DISTRICT 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: Director of Public Works
CONSULTANT: Alisto Engineering Group, Inc.
2737 North Main Street, Suite 200
Walnut Creek, CA 94597

16. Assignment. This is an agreement for the personal services of CONSULTANT.

CITY/DISTRICT has relied upon the skills, knowledge, experience and training of CONSULTANT and the CONSULTANT’s firm, associates and employees as an inducement to enter into this Agreement. CONSULTANT shall not assign or subcontract this Agreement without CITY/DISTRICT’s express written consent.

Further, CONSULTANT shall not assign any monies due or to become due under this Agreement without CITY/DISTRICT’s prior written consent.

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.

5.5 Attachment 18 - Master Agreement Corrosion/Cathodic - Alisto Engineering Group

421

9 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 may serve other clients, but none who are active within the City of Foster City/Estero Municipal Improvement District or who conduct business that would place CONSULTANT in a "conflict of interest" as that term is defined in State law.

22. Liability of CITY/DISTRICT. Except as provided in Exhibit B, Services to be Provided by CONSULTANT and Exhibit D, Insurance, CITY/DISTRICT'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/DISTRICT 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/DISTRICT 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/DISTRICT. 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/DISTRICT 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/DISTRICT employees or third parties, or to property belonging to any of the above.

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

23. Confidentiality. Any information, whether proprietary or not, made known to or discovered by CONSULTANT during the performance of or in connection with this Agreement for CITY/DISTRICT, will be kept confidential and not be disclosed to any other person. CONSULTANT will immediately notify CITY/DISTRICT in writing if it is requested to disclose any information made known to or discovered by during the performance of or in connection with this Agreement.

These conflict of interest, confidentiality and future service provisions and

5.5 Attachment 18 - Master Agreement Corrosion/Cathodic - Alisto Engineering Group

422

10 limitations shall remain fully effective indefinitely after termination of services and work to CITY/DISTRICT hereunder.

24. 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.

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

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

CITY OF FOSTER CITY/ESTERO MUNICIPAL

IMPROVEMENT DISTRICT
Dated: _________________________________ Patrick Sullivan, Mayor/President
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk/District Secretary

APPROVED AS TO FORM
Dated:

Benjamin Stock,
City Attorney/District Legal Counsel

CONSULTANT
Dated:

Al Sevilla,
Principal-in-Charge

5.5 Attachment 18 - Master Agreement Corrosion/Cathodic - Alisto Engineering Group

423

11 EXHIBIT A

SAMPLE TASK ORDER
TASK ORDER NO. [INSERT TASK No.]

TO MASTER ARCHITECTURE AND ENGINEERING SERVICES AGREEMENT This Task Order No. _______ ("Task Order") is made and entered into by and between the City of Foster City/Estero Municipal Improvement District (“City/District”) and [______________________] ("Consultant").

RECITAL
A. City and Consultant entered into an agreement entitled [______________________] ("Agreement"), by which the Consultant agreed to perform ___________________________________________________________ services in accordance with Task Orders issued by the City.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

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

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

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

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

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

City of Foster City Consultant
_____________________________ _________________________ By:___________________________ By: [______________________] Title: City Manager if < $50,000 Title: [_____________________] Mayor/President if > $50,000
Date: _________________________ Date: _____________________ Tax ID No.: ______________

5.5 Attachment 18 - Master Agreement Corrosion/Cathodic - Alisto Engineering Group

424

12 EXHIBIT B

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

CORROSION/CATHODIC PROTECTION ENGINEERING SERVICES
[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW FOR EACH TASK ORDER]

SERVICES TO BE PROVIDED
This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated August 5, 2024, by and between Alisto Engineering Group, Inc., hereinafter referred to as "CONSULTANT" and the City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "CITY/DISTRICT" providing for professional services.

1.Basic Services:

The CITY/DISTRICT has developed a general scope of work as described below. 1) Conduct Preliminary Design
2) Prepare Construction Contract Documents and Estimates 3) Provide Bidding and Construction Support
4) C.P. Program Evaluation and Review
5) Prepare Record Drawings and Warranty Inspection
6)Field Monitoring, Testing, Reporting, and Maintenance

PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:

No limit, to be determined based off of Task Orders.

MANAGEMENT AND PROJECT CONTROLS
In performing the Scope of Services, the CONSULTANT shall, at a minimum, execute the management and project controls described below:

The CONSULTANT’s Project Manager will be responsible for the work including implementing the project management procedures and controls; and maintaining effective communications among the sub- consultants, the CITY, and other involved agencies and organizations for the duration of the project.

The working interface between the CONSULTANT and the CITY shall be defined as follows:

CONSULTANT shall submit to the CITY a monthly invoice whose format that shall include:
•List of CONSULTANT personnel, hourly rate and hours expended during the month in question along with a subtotal for CONSULTANT staff labor effort. •Itemized list of any sub-consultant staff who performed professional services during the month in question, hourly rates and hours worked during that time period and a subtotal for the subconsultants.
•Summary of all costs for labor, sub-consultant labor with mark up, other direct costs and all supporting material from the sub-consultants.

5.5 Attachment 18 - Master Agreement Corrosion/Cathodic - Alisto Engineering Group

425

13 To support each invoice, the CONSULTANT shall furnish project updates that shall include the following:
•A summary of specific accomplishments during the reporting period, anticipated accomplishments scheduled for the next reporting period, and results or other deliverables, etc. •A cost summary for each specific task, that shows:
oThe current period and cumulative expenditures to date. oThe approved budget.
oA comparison of the estimated cost with the approved budget to show any variance.

Payment shall be made upon the completion of each specific consultant task as delineated in the project schedule.

CONSULTANT shall be available for consultation with the CITY’s Project Manager at all reasonable times and shall immediately advise the project manager of requests, technical decisions, or problems that may materially affect a project’s scope, quality, schedule, or cost.

PROJECTS AND SCHEDULE
To be determined by Task Order

END OF EXHIBIT B

5.5 Attachment 18 - Master Agreement Corrosion/Cathodic - Alisto Engineering Group

426

14 EXHIBIT C

FEE SCHEDULE

5.5 Attachment 18 - Master Agreement Corrosion/Cathodic - Alisto Engineering Group

427

15 EXHIBIT D

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

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated August 5, 2024, by and between Alisto Engineering Group, Inc., hereinafter referred to as "Consultant”, and City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "City/District", providing for professional services.

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

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

5.5 Attachment 18 - Master Agreement Corrosion/Cathodic - Alisto Engineering Group

428

16 Updated 4/20/2021
☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non- owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($1,000,000) each occurrence.
☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.

Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than two million dollars ($2,000,000) per occurrence and two million dollars ($2,000,000) aggregate.

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

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

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

3.Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by consultant shall be maintained

5.5 Attachment 18 - Master Agreement Corrosion/Cathodic - Alisto Engineering Group

429

17 Updated 4/20/2021
until the completion of all of Consultant's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by consultant shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Consultant in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein. Consultant shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

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

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

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

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

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

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

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

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

5.5 Attachment 18 - Master Agreement Corrosion/Cathodic - Alisto Engineering Group

430

18 Updated 4/20/2021

ATTACHED

1. Insurance Coverage Form

5.5 Attachment 18 - Master Agreement Corrosion/Cathodic - Alisto Engineering Group

431

19 Updated 4/20/2021

EXHIBIT D
This INSURANCE COVERAGE FORM modifies, or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

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

Other:

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

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

Professional Liability:

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

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

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

CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment)

5.5 Attachment 18 - Master Agreement Corrosion/Cathodic - Alisto Engineering Group

432

20 Updated 4/20/2021
by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

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

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

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

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

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

END OF EXHIBIT D

5.5 Attachment 18 - Master Agreement Corrosion/Cathodic - Alisto Engineering Group

433

21 Updated 4/20/2021

EXHIBIT E
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT” and Alisto Engineering Group, Inc., (“Consultant”) dated August 5, 2024.

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

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

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

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

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

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

3. Compliance with COVID-19 Proclamations.

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

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

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

5.5 Attachment 18 - Master Agreement Corrosion/Cathodic - Alisto Engineering Group

434

22 Updated 4/20/2021

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

6. Compensation for COVID-19 Costs. City/District will reimburse the Consultant for costs attributable to COVID-19, and which are not included in the schedule of values, only if the cost is an Unknown COVID-19 Cost.

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

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

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

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

CONSULTANT: CITY/DISTRICT:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Al Sevilla, Principal-in-Charge Patrick Sullivan, Mayor/President

END OF EXHIBIT E

5.5 Attachment 18 - Master Agreement Corrosion/Cathodic - Alisto Engineering Group

435

1 MASTER PROFESSIONAL SERVICES AGREEMENT
FOR

CORROSION/CATHODIC PROTECTION ENGINEERING SERVICES
This Agreement is made and entered into as of the 5 th day of August 2024 by and between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT" and Corrpro Companies, Inc., hereinafter called "CONSULTANT".

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

WHEREAS, CITY/DISTRICT desires to retain CONSULTANT to provide Corrosion/Cathodic Protection Engineering related services;
WHEREAS, It is anticipated that, as a need arises for CONSULTANT to provide services, CITY/DISTRICT will issue Task Orders to CONSULTANT (in a form substantially similar to that set forth in Exhibit “A,” attached hereto and incorporated by reference which more particularly describes the scope of services to be performed);
WHEREAS, In reliance upon CONSULTANT's documentation of its qualifications, the CITY/DISTRICT finds that CONSULTANT has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested services.

WHEREAS, That CONSULTANT is specially trained, experienced and competent to perform and has agreed to provide such services;
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 each Task Order and Exhibit “B,” Scope of Services, 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 B and each Task Order 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 B and in each Task Order.

1. Term; Termination.

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

436

2 (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. Initial contract period shall be from August 5, 2024 thru August 7, 2027. The contract may be renewed subsequently in one-year increments as follows: The second contract period will be from August 6, 2027 to August 6, 2028.

The third contract period will be from August 7, 2028 to August 9, 2029. Renewal shall be by mutual consent of CONSULTANT AND CITY/DISTRICT as approved by the City Council/District Board. CONSULTANT shall not commence Services or work until a Notice to Proceed is issued by CITY/DISTRICT. (b) Notwithstanding the provisions of (a) above, CITY/DISTRICT 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/DISTRICT may determine in its sole discretion.

(c) CITY/DISTRICT may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY/DISTRICT’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY/DISTRICT for all loss, cost, expense, damage and liability resulting from such breach and termination.
(d) CITY/DISTRICT may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY/DISTRICT determines that such termination is in CITY/DISTRICT’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.

2. Compensation; Expenses; Payment. CITY/DISTRICT shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “C” 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 total amount identified in all Task Orders issued by the City/District against this agreement. The Consultant shall only be paid for services performed under this Agreement to the extent authorized by written Task Order or Notice to Proceed for Land Development Services. No overhead or other expenses can be recovered for interim periods when the Consultant’s services are not utilized by the City/District.

Invoices for amounts in excess of each Task Order 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

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

437

3 incurring such costs and expenses by CITY’s Manager (for contracts less than $50,000) or CITY Board (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed,.

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

CITY/DISTRICT 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/DISTRICT receives all deliverables required under Exhibit B and each Task Order, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY/DISTRICT 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/DISTRICT. CITY/DISTRICT shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

CITY/DISTRICT will not withhold any Federal or State income taxes or Social Security tax from any payments made by CITY/DISTRICT to CONSULTANT under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of CONSULTANT.

CITY/DISTRICT has no responsibility or liability for payment of CONSULTANT’s taxes or assessments.

CONSULTANT shall pay prevailing wages to its employees on any agreement in excess of $1,000.00. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, are on file at the County’s Capital Projects Office and may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. CONSULTANT 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.

CONSULTANT and all subconsultants 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 Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. CONSULTANT shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds $2,000 and is funded with federal funds, then CONSULTANT shall pay federal Davis Bacon wages and comply with applicable

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

438

4 federal requirements.

4. Performance of Services. No work shall be performed under this Agreement except to the extent the CONSULTANT receives a Task Order from the CITY/DISTRICT’s Authorized Representative. The CITY/DISTRICT will request proposals from the CONSULTANT for each Task Order when services are needed.

CONSULTANT shall respond with a scope and cost proposal in a reasonably prompt manner, no later than fifteen (15) calendar days after CITY/DISTRICT’s request. Such proposal 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.

Upon the approval of the terms of the proposal by CITY/DISTRICT’s Manager (for contracts less than $50,000) or CITY Council/ DISTRICT Board (for contracts $50,000 or more) by motion duly made and carried, the CITY/DISTRICT's Authorized Representative shall issue a Task Order against this agreement.

CONSULTANT shall commence performance and shall complete all required services no later than the dates set forth in accordance with the approved Task Order. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such Task Order.

5. Records and Audit. 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/DISTRICT for review and copying during regular business hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.

CONSULTANT shall prepare and maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this Agreement.

This includes any handwriting, typewriting, printing, photo static, photographing and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof.

Any authorized representative of CITY/DISTRICT shall have access to any writings as defined above for the purposes of making audit, evaluation, examination, excerpts and transcripts during the period such records are to be maintained by CONSULTANT. Further, CITY/DISTRICT has the right at all reasonable times to audit, inspect or otherwise evaluate the services and work performed or being performed under this Agreement.

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/DISTRICT shall rely on such skills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adhere to the

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

439

5 standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.

CONSULTANT represents that it has reviewed Exhibit B 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 B.

CONSULTANT represents that it possesses all necessary training, licenses, certificates, and permits required by the federal, state, CITY/DISTRICT or municipal governments to perform the Services. Such licenses, certificates and permits must be valid at the time CONSULTANT enters into this Agreement and must be maintained during the term of this Agreement in full force and effect.

Licenses, certificates and permits may include but are not limited to driver’s licenses, professional licenses or certificates and business licenses. Such licenses, certificates and permits will be procured and maintained in force by CONSULTANT at no expense to CITY/DISTRICT.

CONSULTANT represents that its performance of the Services will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.

The granting of any progress payment by CITY/DISTRICT, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of CITY/DISTRICT 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, shall, upon preparation and delivery to CITY/DISTRICT, become the property of CITY/DISTRICT.

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

10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit B; provided, that CITY/DISTRICT 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/DISTRICT of CITY/DISTRICT’s Project schedule and agrees to put forth its best professional

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

440

6 efforts to perform its services under this Agreement in a manner consistent with that schedule.

11. Indemnity.
(a) To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), CONSULTANT shall defend, indemnify, and hold harmless City of Foster City and Estero Municipal Improvement District, its officers, directors, officials, agents, employees, and volunteers (collectively, “Indemnitees”) from and against any and all claims, suits, expenses, liability, cause of action, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), of every kind, nature, and description, at law or equity, (including without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) (collectively “Liabilities”), that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control.

CONSULTANT’s obligations to indemnify, defend, hold harmless the Indemnitees shall not apply to the extent that such Liabilities are caused in whole or in part by the sole negligence, active negligence, or willful misconduct of such Indemnitee but shall apply to all other Liabilities.

If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault. (b) Intellectual Property Indemnification. CONSULTANT represents that professional services provided by CONSULTANT pursuant to this Agreement does not infringe on any other copyrighted work or intellectual property owned by others.

CONSULTANT shall defend, indemnify and hold harmless CITY/DISTRICT from all Liabilities, that may at any time arise for any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other proprietary right of any person or persons in arising from or relating to CONSULTANT’s services provided to CITY/DISTRICT under this Agreement. (c) CITY/DISTRICT shall include a provision in the construction contract with the general contractor on the Project requiring the general contractor to indemnify CONSULTANT for damages resulting from the negligence of the general contractor and its subcontractors. CITY/DISTRICT shall also include a provision in the construction contract with the general contractor on the Project requiring the general contractor to name CONSULTANT as an additional insured on its Comprehensive General Liability insurance coverage. If CONSULTANT has the opportunity to review the construction contract prior to bidding, CITY/DISTRICT shall have no responsibility for the inadvertent omission of such provisions. (d) CONSULTANT shall place in its agreements with Subconsultants and cause its Subconsultants to agree to the indemnification and insurance provisions

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

441

7 in this Agreement in favor of CITY/DISTRICT and the Indemnitees in the exact form and substance as those contained in this Agreement. (e) CITY/DISTRICT acknowledges that the discovery, presence, handling or removal of asbestos products, polychlorinated biphenyl (PCB) or other hazardous substances which may presently exist at the any Project site is outside of CONSULTANT’s responsibilities and is not included in the scope of Services CONSULTANT is to perform nor included in CONSULTANT’s insurance.

CITY/DISTRICT shall hire hazardous materials consultant if the Project requires the testing or remediation of hazardous substances. CONSULTANT shall not be responsible or be involved in any way with the discovery, presence, handling or removal of such materials. CONSULTANT shall, however, be responsible for the coordination of CONSULTANT’s services and work with the work of CITY/DISTRICT’s hazardous materials consultants.
(f) Duty to Cooperate. CONSULTANT shall notify CITY/DISTRICT immediately in writing of any claim or damage related to activities or services performed under this Agreement. CONSULTANT shall cooperate with CITY/DISTRICT in the investigation and disposition of all Liabilities arising out of the activities or services under this Agreement. Without limiting the foregoing, CONSULTANT shall take all steps necessary to assist CITY/DISTRICT in the defense of any and all Liabilities brought by a contractor hired to construct the Project regarding any errors, flaws, and/or omissions in the plans or specifications of the Project. Any additional services or work under this paragraph shall be compensated as Additional Services.

12. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY/DISTRICT Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT D, 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 D. In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY/DISTRICT 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/DISTRICT for such expense).

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

442

15. Notice. All notices required by this Agreement shall be given to the CITY/DISTRICT 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: Director of Public Works
CONSULTANT: Corrpro Companies, Inc.
2625C Barrington Court
Hayward, CA 94545

16. Assignment. This is an agreement for the personal services of CONSULTANT.

Further, CONSULTANT shall not assign any monies due or to become due under this Agreement without CITY/DISTRICT’s prior written consent.

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.

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

443

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.

These conflict of interest, confidentiality and future service provisions and

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

444

10 limitations shall remain fully effective indefinitely after termination of services and work to CITY/DISTRICT hereunder.

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

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

CITY OF FOSTER CITY/ESTERO MUNICIPAL

IMPROVEMENT DISTRICT
Dated: _________________________________ Patrick Sullivan, Mayor/President
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk/District Secretary

APPROVED AS TO FORM
Dated:

Benjamin Stock,
City Attorney/District Legal Counsel

CONSULTANT
Dated:

Jeremy Bouknight
Area Vice President • Operations Management

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

445

11 EXHIBIT A

SAMPLE TASK ORDER
TASK ORDER NO. [INSERT TASK No.]

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

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

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

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

446

12 EXHIBIT B

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

CORROSION/CATHODIC PROTECTION ENGINEERING SERVICES
[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW FOR EACH TASK ORDER]

SERVICES TO BE PROVIDED
This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated August 5, 2024, by and between Corrpro Companies, Inc., hereinafter referred to as "CONSULTANT" and the City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "CITY/DISTRICT" providing for professional services.

1.Basic Services:

PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:

No limit, to be determined based off of Task Orders.

MANAGEMENT AND PROJECT CONTROLS
In performing the Scope of Services, the CONSULTANT shall, at a minimum, execute the management and project controls described below:

The working interface between the CONSULTANT and the CITY shall be defined as follows:

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

447

Payment shall be made upon the completion of each specific consultant task as delineated in the project schedule.

PROJECTS AND SCHEDULE
To be determined by Task Order

END OF EXHIBIT B

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

448

14 EXHIBIT C

FEE SCHEDULE

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

449

15 EXHIBIT D

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated August 5, 2024, by and between Corrpro Companies, Inc., hereinafter referred to as "Consultant”, and City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "City/District", providing for professional services.

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

450

3.Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by consultant shall be maintained

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

451

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

452

18 Updated 4/20/2021

ATTACHED

1. Insurance Coverage Form

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

453

19 Updated 4/20/2021

EXHIBIT D
This INSURANCE COVERAGE FORM modifies, or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

Other:

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

Professional Liability:

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

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

454

20 Updated 4/20/2021
by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

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

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

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

END OF EXHIBIT D

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

455

21 Updated 4/20/2021

EXHIBIT E
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT” and Corrpro Companies, Inc., (“Consultant”) dated August 5, 2024.

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

3. Compliance with COVID-19 Proclamations.

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

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

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

456

22 Updated 4/20/2021

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

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

CONSULTANT: CITY/DISTRICT:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Walter Young, Principal-in-Charge Patrick Sullivan, Mayor/President

END OF EXHIBIT E

5.5 Attachment 19 - Master Agreement Corrosion/Cathodic - Corrpro

457

1 MASTER PROFESSIONAL SERVICES AGREEMENT
FOR

COST ESTIMATION SERVICES
This Agreement is made and entered into as of the 5 th day of August 2024 by and between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT" and MCK Americas, Inc., hereinafter called "CONSULTANT".

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

WHEREAS, CITY/DISTRICT desires to retain CONSULTANT to provide Cost Estimation related services;
WHEREAS, It is anticipated that, as a need arises for CONSULTANT to provide services, CITY/DISTRICT will issue Task Orders to CONSULTANT (in a form substantially similar to that set forth in Exhibit “A,” attached hereto and incorporated by reference which more particularly describes the scope of services to be performed);
WHEREAS, In reliance upon CONSULTANT's documentation of its qualifications, the CITY/DISTRICT finds that CONSULTANT has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested services.

TERMS AND CONDITIONS

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit B and in each Task Order.

1. Term; Termination.

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

458

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

459

CITY/DISTRICT has no responsibility or liability for payment of CONSULTANT’s taxes or assessments.

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

460

4 federal requirements.

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

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

461

5 standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.

CONSULTANT acknowledges the importance to CITY/DISTRICT of CITY/DISTRICT’s Project schedule and agrees to put forth its best professional

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

462

6 efforts to perform its services under this Agreement in a manner consistent with that schedule.

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

463

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

464

15. Notice. All notices required by this Agreement shall be given to the CITY/DISTRICT 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: Director of Public Works
CONSULTANT: MCK Americas, Inc.
150 Executive Park Boulevard, Suite 2150
San Francisco, CA 94134

16. Assignment. This is an agreement for the personal services of CONSULTANT.

Further, CONSULTANT shall not assign any monies due or to become due under this Agreement without CITY/DISTRICT’s prior written consent.

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.

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

465

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.

These conflict of interest, confidentiality and future service provisions and

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

466

10 limitations shall remain fully effective indefinitely after termination of services and work to CITY/DISTRICT hereunder.

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

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

CITY OF FOSTER CITY/ESTERO MUNICIPAL

IMPROVEMENT DISTRICT
Dated: _________________________________ Patrick Sullivan, Mayor/President
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk/District Secretary

APPROVED AS TO FORM
Dated:

Benjamin Stock,
City Attorney/District Legal Counsel

CONSULTANT
Dated:

Brendan McDevitt,
President

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

467

11 EXHIBIT A

SAMPLE TASK ORDER
TASK ORDER NO. [INSERT TASK No.]

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

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

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

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

468

12 EXHIBIT B

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

COST ESTIMATION SERVICES
[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW FOR EACH TASK ORDER]

SERVICES TO BE PROVIDED
This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated August 5, 2024, by and between MCK Americas, Inc., hereinafter referred to as "CONSULTANT" and the City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "CITY/DISTRICT" providing for professional services.

1.Basic Services:

The CITY/DISTRICT has developed a general scope of work as described below. 1) Prepare project cost estimates on a variety of CIP projects with differing level of work completed from initial project budgeting to final construction cost estimation.
2) Review project cost estimates on a variety of CIP projects with differing level of work completed from initial project budgeting to final construction cost estimation.

PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:

No limit, to be determined based off of Task Orders.

MANAGEMENT AND PROJECT CONTROLS
In performing the Scope of Services, the CONSULTANT shall, at a minimum, execute the management and project controls described below:

The working interface between the CONSULTANT and the CITY shall be defined as follows:

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

469

Payment shall be made upon the completion of each specific consultant task as delineated in the project schedule.

PROJECTS AND SCHEDULE
To be determined by Task Order

END OF EXHIBIT B

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

470

14 EXHIBIT C

FEE SCHEDULE

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

471

15 EXHIBIT D

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated August 5, 2024, by and between MCK Americas, Inc., hereinafter referred to as "Consultant”, and City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "City/District", providing for professional services.

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

472

3.Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by consultant shall be maintained

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

473

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

474

18 Updated 4/20/2021

ATTACHED

1. Insurance Coverage Form

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

475

19 Updated 4/20/2021

EXHIBIT D
This INSURANCE COVERAGE FORM modifies, or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

Other:

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

Professional Liability:

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

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

476

20 Updated 4/20/2021
by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

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

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

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

END OF EXHIBIT D

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

477

21 Updated 4/20/2021

EXHIBIT E
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT” and MCK Americas, Inc., (“Consultant”) dated August 5, 2024.

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

3. Compliance with COVID-19 Proclamations.

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

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

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

478

22 Updated 4/20/2021

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

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

CONSULTANT: CITY/DISTRICT:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Brendan McDevitt, President Patrick Sullivan, Mayor/President

END OF EXHIBIT E

5.5 Attachment 20 - Master Agreement Cost Estimation - MCK Americas

479

1 MASTER PROFESSIONAL SERVICES AGREEMENT
FOR

COST ESTIMATION SERVICES
This Agreement is made and entered into as of the 5 th day of August 2024 by and between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT" and MicroEstimating Inc., hereinafter called "CONSULTANT".

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

TERMS AND CONDITIONS

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit B and in each Task Order.

1. Term; Termination.

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

480

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

481

CITY/DISTRICT has no responsibility or liability for payment of CONSULTANT’s taxes or assessments.

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

482

4 federal requirements.

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

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

483

5 standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.

CONSULTANT acknowledges the importance to CITY/DISTRICT of CITY/DISTRICT’s Project schedule and agrees to put forth its best professional

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

484

6 efforts to perform its services under this Agreement in a manner consistent with that schedule.

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

485

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

486

15. Notice. All notices required by this Agreement shall be given to the CITY/DISTRICT 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: Director of Public Works
CONSULTANT: MicroEstimating Inc.
850 South Van Ness Avenue, Suite 26
San Francisco, CA 94110

16. Assignment. This is an agreement for the personal services of CONSULTANT.

Further, CONSULTANT shall not assign any monies due or to become due under this Agreement without CITY/DISTRICT’s prior written consent.

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.

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

487

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.

These conflict of interest, confidentiality and future service provisions and

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

488

10 limitations shall remain fully effective indefinitely after termination of services and work to CITY/DISTRICT hereunder.

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

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

CITY OF FOSTER CITY/ESTERO MUNICIPAL

IMPROVEMENT DISTRICT
Dated: _________________________________ Patrick Sullivan, Mayor/President
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk/District Secretary

APPROVED AS TO FORM
Dated:

Benjamin Stock,
City Attorney/District Legal Counsel

CONSULTANT
Dated:

Henry Tooryani,
Principal

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

489

11 EXHIBIT A

SAMPLE TASK ORDER
TASK ORDER NO. [INSERT TASK No.]

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

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

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

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

490

12 EXHIBIT B

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

COST ESTIMATION SERVICES
[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW FOR EACH TASK ORDER]

SERVICES TO BE PROVIDED
This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated August 5, 2024, by and between MicroEstimating Inc., hereinafter referred to as "CONSULTANT" and the City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "CITY/DISTRICT" providing for professional services.

1.Basic Services:

PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:

No limit, to be determined based off of Task Orders.

MANAGEMENT AND PROJECT CONTROLS
In performing the Scope of Services, the CONSULTANT shall, at a minimum, execute the management and project controls described below:

The working interface between the CONSULTANT and the CITY shall be defined as follows:

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

491

Payment shall be made upon the completion of each specific consultant task as delineated in the project schedule.

PROJECTS AND SCHEDULE
To be determined by Task Order

END OF EXHIBIT B

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

492

14 EXHIBIT C

FEE SCHEDULE

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

493

15 EXHIBIT D

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated August 5, 2024, by and between MicroEstimating Inc., hereinafter referred to as "Consultant”, and City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "City/District", providing for professional services.

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

494

3.Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by consultant shall be maintained

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

495

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

496

18 Updated 4/20/2021

ATTACHED

1. Insurance Coverage Form

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

497

19 Updated 4/20/2021

EXHIBIT D
This INSURANCE COVERAGE FORM modifies, or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

Other:

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

Professional Liability:

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

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

498

20 Updated 4/20/2021
by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

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

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

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

END OF EXHIBIT D

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

499

21 Updated 4/20/2021

EXHIBIT E
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City/Estero Municipal Improvement District hereinafter called "CITY/DISTRICT” and MicroEstimating Inc., (“Consultant”) dated August 5, 2024.

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

3. Compliance with COVID-19 Proclamations.

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

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

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

500

22 Updated 4/20/2021

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

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

CONSULTANT: CITY/DISTRICT:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Henry Tooryani, Principal Patrick Sullivan, Mayor/President

END OF EXHIBIT E

5.5 Attachment 21 - Master Agreement Cost Estimation - MicroEstimating

501

7 1
1 DATE: August 5, 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: Diane Pitman, Administrative Services Director

SUBJECT: UPDATED CITY/DISTRICT PAY PLAN FOR FISCAL YEAR 2024-2025

RECOMMENDATION

It is recommended that the City Council/EMID Board of Directors (City Council) adopt resolutions approving the updated Pay Plan for Fiscal Year 2024-2025, effective July 1, 2024.

BACKGROUND/ANALYSIS

The City Council approves a Pay Plan at a regularly scheduled meeting as part of the budget adoption process or amends the Pay Plan if there are changes during the fiscal year. As part of the recently approved budget, the Economic Development Manager position was moved to the City Manager’s office and raised to a Deputy City Manager.

In addition, the salary range for the Deputy City Manager was decreased. The attached Pay Plan reflects that change.

To meet CalPERS requirements under Government Code 20636 and CCR section 570.5, which requires public agencies to provide a publicly available pay schedule, staff is bringing this forward to ensure the City's pay schedule is updated. Staff requests approval of the resolutions to approve the amended Pay Plan for Fiscal Year 2024- 2025 which will be effective July 1, 2024. Upon approval, staff will publish the updated Pay Plan on the City's website for public access.

5.6 5.6 Staff Report

502

7 1
1 California Environmental Quality Act
CEQA General Rule Exemption

FISCAL IMPACT
The updated FY 2024-2025 Pay Plan reflects the approved salary range for the Deputy City Manager based on the recently approved FY 2024-2025 budget.

CITY COUNCIL VISION, MISSION AND VALUE/PRIORITY AREA
Staff Empowerment and Operational Excellence
Attachments:
•Attachment 1 - City Resolution
•Attachment 2 - EMID Resolution
•Attachment 3 - City/District Pay Plan for FY 2024-2025

5.6 5.6 Staff Report

503

2 3
7 7
RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING AND ADOPTING THE AMENDED PAY PLAN FOR FISCAL YEAR 2024- 2025, EFFECTIVE JULY 1, 2024

CITY OF FOSTER CITY
WHEREAS, the City Council approved Resolution No. 2024-55 on June 3, 2024, adopting the current Pay Plan for the City of Foster City; and WHEREAS, the City Council wishes to amend the Pay Plan to incorporate the revised salary for the Deputy City Manager as follows:

Position Step 1 Step 2 Step 3 Step 4 Step 5
Deputy City
Manager
$18,278.92 $19,192.87 $20,152.51 $21,160.13 $22,218.14
; and
WHEREAS, the City Council of the City of Foster City must approve the Pay Plan in order for the pay ranges to become effective.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City that the amended Pay Plan for Fiscal Year 2024-2025 is hereby adopted effective July 1, 2024.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 5th day of August 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.6 Attachment 1 - City Resolution

504

2 3
7 8
RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING AND ADOPTING THE PAY PLAN FOR FISCAL YEAR 2024-2025, EFFECTIVE JULY 1, 2024

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Board of Directors approved Resolution No. 3758 on June 3, 2024, adopting the current Pay Plan for the District; and WHEREAS, the Board of Directors wishes to amend the Pay Plan to incorporate the revised salary for the Deputy City Manager as follows:

Position Step 1 Step 2 Step 3 Step 4 Step 5
Deputy City
Manager
$18,278.92 $19,192.87 $20,152.51 $21,160.13 $22,218.14
; and
WHEREAS, the Board of Directors of the Estero Municipal Improvement District must approve the Pay Plan in order for the pay ranges to become effective.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Estero Municipal Improvement District that the amended Pay Plan for Fiscal Year 2024-2025 is hereby adopted effective July 1, 2024.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 5 th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, PRESIDENT
ATTEST:
_________

PRISCILLA SCHAUS, DISTRICT SECRETARY

5.6 Attachment 2 - EMID Resolution

505

Exhibit ACity of Foster City / Estero Municipal Improvement District FY 2024-2025 Pay Plan
Effective July 1, 2024
Hourly
Position Step 1 Step 2 Step 3 Step 4 Step 5
Monthly
Executive Management
City Manager 26,338.10$
Chief of Police 20,406.50 21,426.83 22,498.16 23,623.08 24,804.24 Assistant City Manager 20,406.50 21,426.83 22,498.16 23,623.08 24,804.24 Director of Public Works 18,725.63 19,661.91 20,645.01 21,677.26 22,761.13 Deputy City Manager 18,278.92 19,192.87 20,152.51 21,160.13 22,218.14 Community Development Director 18,278.92 19,192.87 20,152.51 21,160.13 22,218.14 Finance Director 18,278.92 19,192.87 20,152.51 21,160.13 22,218.14 Parks & Recreation Director 18,278.92 19,192.87 20,152.51 21,160.13 22,218.14 Administrative Services Director 18,278.92 19,192.87 20,152.51 21,160.13 22,218.14 Communications Director / City Clerk 17,443.38 18,315.54 19,231.32 20,192.88 21,202.53 Other Management - Exempt
Police Captain 17,176.45 18,035.26 18,937.03 19,883.88 20,878.07 Engineering Manager 15,120.04 15,876.05 16,669.85 17,503.34 18,378.50 Police Lieutenant 14,935.84 15,682.63 16,466.75 17,290.09 18,154.59 Assistant Finance Director 14,460.68 15,183.71 15,942.89 16,740.03 17,577.04 Chief Building Official 13,859.14 14,552.10 15,279.70 16,043.68 16,845.87 Economic Development Manager 13,692.74 14,377.38 15,096.24 15,851.06 16,643.61 Information Technology Manager 13,692.74 14,377.38 15,096.24 15,851.06 16,643.61 Human Resources Manager 13,692.74 14,377.38 15,096.24 15,851.06 16,643.61 Planning Manager 13,379.51 14,048.49 14,750.93 15,488.48 16,262.90 Principal Management Analyst 12,960.39 13,608.42 14,288.84 15,003.28 15,753.45 Financial Services Manager 12,617.83 13,248.73 13,911.16 14,606.71 15,337.05 Senior Civil Engineer 12,553.74 13,181.43 13,840.49 14,532.53 15,259.16 Public Works Maintenance Manager 12,370.44 12,988.96 13,638.40 14,320.33 15,036.35 Building/Fleet Maintance Manager 11,752.00 12,339.60 12,956.58 13,604.41 14,284.64 Parks Maintenance Manager 11,504.65 12,079.88 12,683.87 13,318.07 13,983.96 Recreation Manager 11,323.12 11,889.28 12,483.74 13,107.93 13,763.33 Senior Management Analyst 11,269.73 11,833.22 12,424.88 13,046.12 13,698.43 Senior Planner 10,976.09 11,524.90 12,101.15 12,706.20 13,341.50 Associate Civil Engineer 10,916.46 11,462.29 12,035.40 12,637.18 13,269.03 Senior Human Resources Analyst 10,783.86 11,323.05 11,889.21 12,483.67 13,107.87 Public Works Maintenance Superintendent 10,514.26 11,039.98 11,591.98 12,171.57 12,780.14 Sr. Systems Analyst 10,349.51 10,866.98 11,410.33 11,980.83 12,579.87 Senior Accountant 10,176.12 10,684.93 11,219.17 11,780.13 12,369.14 Communications Manager 9,868.25 10,361.66 10,879.73 11,423.72 11,994.91 Assistant Engineer 9,824.67 10,315.90 10,831.69 11,373.27 11,941.92 Management Analyst 9,799.73 10,289.71 10,804.20 11,344.41 11,911.62 Associate Planner 9,544.36 10,021.58 10,522.65 11,048.79 11,601.22 Human Resources Analyst 9,377.06 9,845.91 10,338.21 10,855.12 11,397.88 Parks Maintenance Supervisor 9,190.20 9,649.71 10,132.20 10,638.80 11,170.74 Technology Analyst II 9,148.38 9,605.80 10,086.09 10,590.39 11,119.91 Fleet Supervisor 9,081.75 9,535.83 10,012.62 10,513.26 11,038.92 Accountant II 8,848.49 9,290.91 9,755.46 10,243.24 10,755.40 Assistant Planner 8,589.57 9,019.05 9,470.00 9,943.49 10,440.66 Technology Analyst I 8,057.43 8,460.31 8,883.33 9,327.50 9,793.87 Accountant I 7,963.99 8,362.19 8,780.30 9,219.32 9,680.29 Management Assistant 6,455.99 6,778.79 7,117.73 7,473.61 7,847.29

Page 1 ends

5.6 Attachment 3 - City/District Pay Plan for FY 2024-2025

506

Exhibit ACity of Foster City / Estero Municipal Improvement District FY 2024-2025 Pay Plan
Effective July 1, 2024
Hourly
Position Step 1 Step 2 Step 3 Step 4 Step 5
Other Management - Non-Exempt
Deputy City Clerk 45.5457 47.8230 50.2142 52.7249 55.3611 Police Records Supervisor 51.7678 54.3562 57.0740 59.9277 62.9241 Housing Coordinator 56.5369 59.3637 62.3319 65.4485 68.7209 Human Resources Technician 42.4349 44.5566 46.7844 49.1236 51.5798 AFSCME - Maintenance Unit
Public Works Lead Maintenance Worker 42.1107$ 44.2162$ 46.4270$ 48.7483$ 51.1857$ Building Lead Maintenance Worker 41.3424$ 43.4095$ 45.5800$ 47.8590$ 50.2519$ Parks Lead Maintenance Worker 41.3424$ 43.4095$ 45.5800$ 47.8590$ 50.2519$ Irrigation Technician 41.3424$ 43.4095$ 45.5800$ 47.8590$ 50.2519$ Mechanic I 40.8662$ 42.9095$ 45.0550$ 47.3077$ 49.6731$ Building Maintenance Worker II 38.9232$ 40.8694$ 42.9129$ 45.0585$ 47.3114$ Public Works Maintenance Worker II 38.1956$ 40.1054$ 42.1107$ 44.2162$ 46.4270$ Parks Maintenance Worker II 37.4988$ 39.3737$ 41.3424$ 43.4095$ 45.5800$ Equipment Maintenance Worker 37.0669$ 38.9202$ 40.8662$ 42.9095$ 45.0550$ Building Maintenance Worker I 35.3045$ 37.0697$ 38.9232$ 40.8694$ 42.9129$ Public Works Maintenance Worker I 34.6446$ 36.3768$ 38.1956$ 40.1054$ 42.1107$ Parks Maintenance Worker I 34.0125$ 35.7131$ 37.4988$ 39.3737$ 41.3424$ Public Works Maintenance Worker 31.4236$ 32.9948$
Parks Maintenance Worker 30.8504$ 32.3929$
AFSCME - General Unit
Plans Examiner 60.3602$ 63.3782$ 66.5471$ 69.8745$ 73.3682$ Sr. Bldg Inspector 54.7484$ 57.4858$ 60.3601$ 63.3781$ 66.5470$ Building Inspector 49.6584$ 52.1413$ 54.7484$ 57.4858$ 60.3601$ Sr. Engineering Technician 44.0526$ 46.2552$ 48.5680$ 50.9964$ 53.5462$ Recreation Coordinator II 43.5227$ 45.6988$ 47.9837$ 50.3829$ 52.9020$ Social Media / Communication Assistant 41.3790$ 43.4479$ 45.6203$ 47.9013$ 50.2964$ Administrative Assistant II 40.3340$ 42.3507$ 44.4682$ 46.6916$ 49.0262$ Recreation Coordinator I 39.4764$ 41.4502$ 43.5227$ 45.6988$ 47.9837$ Code Enforcement Officer II 39.4086$ 41.3790$ 43.4480$ 45.6204$ 47.9014$ Senior Accounting Specialist 37.1478$ 39.0052$ 40.9555$ 43.0033$ 45.1535$ Administrative Assistant I 36.5841$ 38.4133$ 40.3340$ 42.3507$ 44.4682$ Sr. Comm. Services Officer 35.7448$ 37.5320$ 39.4086$ 41.3790$ 43.4480$ Code Enforcement Officer I 35.7448$ 37.5320$ 39.4086$ 41.3790$ 43.4480$ Accounting Specialist 35.3789$ 37.1478$ 39.0052$ 40.9555$ 43.0033$ Building Services Coordinator 35.3044$ 37.0696$ 38.9231$ 40.8693$ 42.9128$ Police Records Specialist 34.8515$ 36.5941$ 38.4238$ 40.3450$ 42.3622$ Building Permit Technician 34.8515$ 36.5941$ 38.4238$ 40.3450$ 42.3622$ Office Assistant II 32.3380$ 33.9549$ 35.6526$ 37.4352$ 39.3070$ Office Assistant I 29.3315$ 30.7981$
FCPOA
Police Sergeant 70.7665$ 74.3048$ 78.0200$ 81.9210$ 86.0170$ Police Corporal 64.6590$ 67.8920$ 71.2866$ 74.8509$ 78.5934$ Police Dispatch Supervisor 59.3881$ 62.3575$ 65.4754$ 68.7492$ 72.1867$ Police Officer 58.4381$ 61.3600$ 64.4280$ 67.6494$ 71.0319$ Lead Police Dispatcher 54.4003$ 57.1203$ 59.9763$ 62.9751$ 66.1239$ Police Officer Recruit 53.0050$ 55.6552$
Police/Fire Dispatcher 49.3427$ 51.8098$ 54.4003$ 57.1203$ 59.9763$ Hourly / Part-Time / Seasonal
Building Services Coordinator Assistant 19.53$ 20.21$ 20.92$ 21.65$ 22.41$ Recreation Leader III 19.53$ 20.21$ 20.92$ 21.65$ 22.41$ Recreation Leader II 18.22$ 18.86$ 19.51$ 20.20$ 20.92$ Building Serv. Assistant 17.00$ 17.60$ 18.21$ 18.85$ 19.51$ Clerical Assistant 17.00$ 17.60$ 18.21$ 18.85$ 19.51$ Recreation Leader I 17.00$ 17.60$ 18.21$ 18.85$ 19.51$ Department Intern 17.00$ 30.00$
Videographer 20.00$ 30.00$
Hourly

Page 2 ends

5.6 Attachment 3 - City/District Pay Plan for FY 2024-2025

507

6 8
6 DATE: August 5, 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: ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-2025

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors hold a public hearing, and then adopt the attached resolutions establishing the appropriations limit for FY 2024-2025.

EXECUTIVE SUMMARY
The original Article XIIIB (Proposition 4), known as the "Gann Limit" Initiative, and its implementing legislation were modified by Proposition 111. Beginning with FY 1990- 1991, the law provides the local agency an option to calculate the adjustment factors by the following:

•Inflation – either the percentage change in the California Per Capita Income or the percentage change in the local assessment roll from the preceding year due to the addition of local non-residential new construction. •Population – either the City’s own population growth or the population growth of the entire County.

Typically, an agency selects the factors which provide for the largest growth to the limit.

6.1 6.1 Staff Report

508

6 8
6 The adjustments used for FY 2024-2025 are the percentage change in local assessment roll from the preceding year due to the addition of local non-residential construction and the County’s population growth, which were published by the San Mateo County Assessor’s office and the California Department of Finance in April 2024, respectively. The cost-of-living factor selected by the City is the assessed value in the preceding year due to new non-residential construction as it exceeds the percentage change in California per capita income. Similarly, San Mateo County’s population change was selected as it declined less than Foster City’s population (-0.50% vs. -

1.03%).

Staff has applied the adjustment factors in accordance with Proposition 111 to calculate the FY 2024-2025 limit. Based on the current annual adjustment factors, the City and District are well within the appropriations limit.

BACKGROUND
Proposition 4 (Gann Initiative) was voted upon by the voters in the November 6, 1979 Special Election, which added Article XIIIB to the State Constitution. Subsequent legislation added Section 7900 et seq. to the Government Code which provided additional interpretation and instructions implementing Proposition 4. The combined effect of the legislation restricts the growth of appropriations enacted by local government in their annual budgets and subsequent adjustments to basic factors which relate to inflation and population growth. These factors are provided annually by the California Department of Finance.

In June 1990, Proposition 111 was approved by the voters which, among other things, revised the spending limit calculations for state and local government effective July 1, 1990. The base year for determining an agency’s limit was set as FY 1986-1987. After that, appropriations limit for an agency is the limit adopted in FY 1986-1987, as subsequently adjusted by the Proposition 111 adjustment factors. Agencies are able to adjust their limit annually by either the change in the California Per Capita Personal Income or the percentage change in the local assessment roll from the preceding year due to the addition of local non-residential new construction. A second adjustment factor is based upon population growth, which is the annual change in population of the City’s own growth or the population growth of the entire County.

ANALYSIS
The growth factors used in the calculation for FY 2024-2025 are as follows:
1) Change in the local assessment roll from the preceding year due to the addition of local non-residential construction: 3.62%
2) Population Growth in San Mateo County: -0.50%

6.1 6.1 Staff Report

509

6 8
6 The resulting combined growth rate is 3.10%, as calculated by multiplying the Change in the local assessment roll from the preceding year due to the addition of local non- residential construction and the San Mateo County population growth rate.

Using the methodology for calculating the appropriations limit in accordance with Proposition 111, the following chart shows the appropriation bases, and the appropriation growth factors to establish the appropriations limit for FY 2024-2025.

APPROPRIATIONS LIMIT CALCULATIONS - FY 2024-2025 (BY AGENCY)

CITY DISTRICT TOTAL
FY 2023-2024 Appropriations Limit $90,819,359 $85,064,827 $175,884,186 FY 2024 -2025 Growth Factor 3.10% 3.10% 3.10%
FY 2024-2025 Appropriations Limit $93,634,759 $87,701,837 $181,336,596 FY 2024-2025 Appropriations Subject to Limit $29,328,230 $27,469,923 $56,798,153 Dollar amount under limit $64,306,529 $60,231,914 $124,538,443 Percentage of limit 31.32% 31.32% 31.32%
The total appropriations subject to the Gann Limit are calculated as the total of all appropriated expenditures in the General Fund, Special Revenue Funds and the City CIP Fund, less all revenue sources that are not considered general tax proceeds (e.g. permits, recreation programs, rental income).

As required by law, the information used to calculate these limits is available in the Financial Services Department that will allow the public to determine the validity and bases for the appropriations limit recommended for adoption. Accordingly, the City Council/District Board is requested to hold a public hearing on these limits this evening and, subject to any public testimony received, adopt the attached resolutions to approve the appropriations limit specified herein.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
There is no budget impact on establishing the FY 2024-2025 Appropriations Limit.

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

6.1 6.1 Staff Report

510

6 8
6 ATTACHMENTS:
•Attachment 1 - City Resolution
•Attachment 2 - EMID Resolution

6.1 6.1 Staff Report

511

RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ESTABLISHING THE FISCAL YEAR 2024-2025 APPROPRIATIONS LIMIT

PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION

CITY OF FOSTER CITY
WHEREAS, voters of California have approved Propositions 4 and 111 which place various limitations on the appropriations of local government; and WHEREAS, said Article XIIIB of the California Constitution requires the governing body of each agency to adopt an appropriations limitation for each fiscal year; and
WHEREAS, the Assistant Finance Director, pursuant to Article XIIIB and enacted legislation, has duly computed said appropriations limitation for FY 2024-2025 and submitted same to the City Council for review and public hearing; and WHEREAS, notice of said public hearing was published and posted and said public hearing was held on August 5, 2024; and
WHEREAS, the inflation adjustment factor used for calculating the FY 2024-2025 appropriations limit is the percentage change in local assessment roll from the preceding year due to the addition of local non-residential construction; and WHEREAS, the population adjustment factor used for calculating the FY 2024- 2025 appropriations limit is the change in population growth for San Mateo County.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City that the amount of $93,634,759 is hereby adopted as the City’s appropriations limitation for FY 2024-2025.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 5th day of August, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
______________________________

PRISCILLA SCHAUS, CITY CLERK

6.1 Attachment 1 - City Resolution

512

RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT ESTABLISHING THE FISCAL YEAR 2024-2025

APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA

CONSTITUTION

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, voters of California have approved Propositions 4 and 111 which place various limitations on the appropriations of local government; and WHEREAS, said Article XIIIB of the California Constitution requires the governing body of each agency to adopt an appropriations limitation for each fiscal year; and WHEREAS, the Assistant Finance Director, pursuant to Article XIIIB and enacted legislation, has duly computed said appropriations limitation for FY 2024-2025 and submitted same to the District Board for review and public hearing; and WHEREAS, notice of said public hearing was published and posted and said public hearing was held on August 5, 2024; and
WHEREAS, the inflation adjustment factor used for calculating the FY 2024-2025 appropriations limit is the percentage change in local assessment roll from the preceding year due to the addition of local non-residential construction; and WHEREAS, the population adjustment factor used for calculating the FY 2024-2025 appropriations limit is the change in population growth for San Mateo County.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Estero Municipal Improvement District that the amount of $87,701,837 is hereby adopted as the District’s appropriations limitation for FY 2024-2025.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 5th day of August, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________

PATRICK SULLIVAN, PRESIDENT
ATTEST:
_______________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.1 Attachment 2 - EMID Resolution

513

DATE: August 5, 2024

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

FROM: Sofia Mangalam, Community Development Director
Helen Gannon, Senior Planner
DEPARTMENT: Community Development
SUBJECT: ADOPTION OF THE GREEN AND LIVABLE ACCESSIBLE

DWELLING UNIT RESOURCE (GLADUR) PRE-REVIEWED

DESIGNS FOR DETACHED ACCESSORY DWELLING UNITS
(ADUs) PREPARED BY THE HOUSING ENDOWMENT AND

REGIONAL TRUST OF SAN MATEO COUNTY (HEART) FOR THE
IMPLEMENTATION OF HOUSING ELEMENT PROGRAM H-D-4-c,
“PREAPPROVED ADU/JADU DESIGNS AND EXPEDITED
REVIEW,” AND FIND THE PRE-REVIEWED DESIGNS WITHIN

THE SCOPE OF THE ENVIRONMENTAL IMPACT REPORT (SCH
NUMBER 2022010509) PREPARED FOR THE FOSTER CITY

HOUSING AND SAFETY ELEMENTS UPDATE

RECOMMENDATION
It is recommended that the City Council, adopt a resolution (Attachment 1) adopting the Green and Livable Accessible Dwelling Unit Resource (GLADUR) pre-reviewed designs for detached accessory dwelling units (ADUs) prepared by the Housing Endowment and Regional Trust of San Mateo County (HEART) for the implementation of the Housing Element program H-D-4-c, “Preapproved ADU/JADU Designs and Expedited Review,” and find the pre-reviewed designs within the scope of the Environmental Impact Report (SCH Number 2022010509) prepared for Foster City Housing and Safety Elements Update.

EXECUTIVE SUMMARY

6.2 6.2 Staff Report

514

The City’s Housing Element 2023-31 includes program H-D-4-c: Preapproved ADU/JADU Designs and Expedited Review, which requires the city to adopt preapproved ADU/JADU designs/plans to streamline the review process, facilitate reduced applicant cost and expedited review for ADUs and Junior ADUs (JADUs). The timeline for implementation of the program is by December 2024.

On June 6, 2024, the Planning Commission reviewed the pre-reviewed designs, and, through Resolution No. P-10-24, recommended that the City Council approve the GLADUR pre-reviewed designs for detached ADUs prepared by HEART.

Staff recommends that the city adopt the GLADUR pre-reviewed designs for detached ADUs by HEART to implement the Housing Element program H-D-4-c and comply with state law.

BACKGROUND
An ADU is an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. ADUs are also commonly known as in-law, granny units, or second units.

The City’s Housing Element 2023-31 includes ten programs under H-D-4 aimed at encouraging and promoting ADUs/JADUs. These programs encompass promotion and public information, financial incentives, preapproved designs, amnesty, objective design standards, monitoring, and more.

Staff would like to note the difference between GLADUR pre-reviewed designs and provisions of Assembly Bill (AB) 1332. AB 1332 requires local agencies to develop a program for the preapproval of ADU plans. This program requires local agencies to accept ADU plan submissions for preapproval and to approve or deny these applications.

To streamline the ADU permitting process, the bill stipulates that local agencies either approve or deny applications for detached ADUs using preapproved plans within 30 days.

There is a separate agenda item for Council’s consideration for ADU compliance with AB 1332.

ANALYSIS
On March 20, 2024, the City of Foster City’s 2023-2031 Housing Element Update was adopted. Housing Element Implementation program H-D-4-c “Preapproved ADU/JADU Designs and Expedited Review,” requires the city to adopt preapproved ADU/JADU designs and plans to streamline the review process, reduce applicant costs, and expedite review for ADUs/JADUs by December 2024.

6.2 6.2 Staff Report

515

On May 16, 2024, staff provided a report to the Planning Commission on Housing Element programs for implementation for the year 2024, including H-D-4-c Preapproved ADU/JADU Designs and Expedited Review.

AB 1332 requires local jurisdictions to establish a program for the preapproval of ADU plans. This bill added section 65852.27 to the Government Code to require local agencies to develop a program for the preapproval of ADU plans by January 1, 2025. As part of that program, a local agency must accept ADU plans submitted for preapproval by an applicant and can review those plans pursuant to the standards established in Government Code section 65852.2. A local agency can also proactively develop and preapprove plans as part of the program for use by anyone who wants to construct an accessory dwelling unit. When an applicant proposes to build an ADU using any of these preapproved plans, the city must either approve or deny the application for preapproval of the ADU plan within 30 days.

Currently, HEART is the only entity in the County of San Mateo that offers pre-reviewed designs for ADUs. While the Housing Element program H-D-4-c includes JADUs, HEART does not currently provide pre-reviewed plans for JADUs. To date, five (5) jurisdictions- South San Francisco, Daly City, Belmont, Redwood City, and East Palo Alto-have partnered with HEART for GLADUR pre-reviewed designs.

HEART OVERVIEW
HEART is a non-profit corporation founded in 2003 to create and preserve affordable housing for low- and moderate-income families throughout San Mateo County by providing access to first-time homebuyer loans, developer loans, housing consulting services, and designs for ADUs. HEART is funded through a JPA with cities in San Mateo County, including the City of Foster City, as dues-paying members. In addition, HEART actively pursues grants and donations for its programs. HEART's ADU design program, GLADUR, was funded through a $296,000 grant from the Bay Area Air Quality Management District. HEART hired an architectural firm to prepare energy-efficient, all- electric detached ADU designs that can be downloaded by the public at no cost. In addition, HEART partners with jurisdictions to provide pre-reviewed plans to expedite the building permit approval process.

GLADUR currently offers four (4) schematic detached ADU designs, including:

6.2 6.2 Staff Report

516

•400-SF studio;
Figure 1: Studio ADU Floor Plan (HEART GLADUR Plans Sheet AA11) •575-SF 1-bedroom unit, rectangular footprint;
Figure 2: 1-bedroom ADU Floor Plan (HEART GLADUR Plans Sheet AB11)

6.2 6.2 Staff Report

517

•745-SF 1-bedroom unit, square footprint; and
Figure 3: 1-bedroom ADU Floor Plan (HEART GLADUR Plans Sheet AC11) •800-SF 2-bedroom unit.

Figure 4: 2-bedroom ADU Floor Plan (HEART GLADUR Plans Sheet AD11)

6.2 6.2 Staff Report

518

For reference, the full set of plans for the 575 SF one-bedroom ADU can be viewed here. The full sets of plans of all four schematic designs can be downloaded and viewed on the HEART ADU Center webpage.

Property owners have the option to choose from any of the four (4) designs by simply inputting some basic, personal information and downloading the plans, which include roof plans, floor plans, building elevations, sections, lighting/electrical, mechanical/plumbing, doors and window schedule, and various structural details and choices of exterior finishes. By offering four (4) different floor plans, the GLADUR plans provide choices and diversity to accommodate a variety of household sizes and types. The two (2) smaller designs are compact and can fit on a variety of residential lot shapes and sizes within Foster City. In addition, all designs are consistent with the State of California’s building codes and meet or exceed Title 24 energy code requirements. HEART intends to provide additional design options in the future based on demand and funding opportunities.

Figure 5: Renderings for ADUs (HEART ADU Center – Main Page) Each design also includes multiple architectural styles (post-war, craftsman, and modern) and aesthetic variations to fit the homeowner’s ADU style preferences. This customization also allows the new ADU to better fit the existing aesthetic of the primary structure and neighborhood. The designs provide an assortment of green feature options that allow the homeowner to customize their ADU to reach a variety of levels of sustainability and cost-effectiveness.

6.2 6.2 Staff Report

519

Figure 6: Style Elevations (HEART-GLADUR ADU Handbook)
All five (5) listed jurisdictions that have adopted pre-reviewed ADU designs, have provided a list of additional site-specific information that is required for their respective building permit submittal. These requirements, which can be found on the GLADUR pre- review webpage, assist in streamlining the ADU building permit approval process for property owners. At a minimum, and because city requirements differ by jurisdiction, all five (5) jurisdictions require property owners to prepare a site plan to ensure that the project is in an eligible zoning area, meets applicable city zoning codes, and that the site is suitable for the GLADUR designs.

The GLADUR designs are provided at no cost to the City, and HEART prioritizes partnering with jurisdictions in San Mateo County.

GLADUR PRE-REVIEWED DESIGN ADVANTAGES
There are many benefits for property owners who choose to use pre-reviewed ADU designs, such as:
•Design Certainty/Code Compliance: Know that the selected ADU design complies with the California Building Code and Citywide design guidelines. •Expedited Review: Pre-reviewed plans will have a quick turnaround time as they have been reviewed previously by the City.
•Cost Savings: Avoid high costs of hiring an architect/designer to design an ADU. •Options of sizes: GLADUR designs offers four (4) schematics detached ADU designs of varying sizes, ranging from 400 SF to 800 SF.

GLADUR PRE-REVIEWED DESIGN OVERVIEW
To develop Foster City’s checklist requirements for GLADUR pre-reviewed ADU designs, staff met with the Building Division, Public Works Department, Police Department, and San Mateo Consolidated Fire Department during the City’s IDEC meetings on February

6.2 6.2 Staff Report

520

28, 2024, and May 8, 2024. During these meetings, city staff jointly reviewed the GLADUR designs and prepared checklist requirements.

A list of Foster City’s proposed requirements is included in Attachment 2 to this staff report.

Staff also contacted the five other participating jurisdictions to understand any challenges related to the implementation of pre-reviewed GLADUR designs. Redwood City staff noted that they have processed two (2) applications for ADUs using GLADUR pre- reviewed designs. Staff was also able to speak with Daly City, South San Francisco, East Palo Alto, and Belmont. None of the four cities have received any GLADUR pre-reviewed design applications at this time.

The objective of pre-reviewed designs is to eliminate the time typically spent on reviewing ADU plan submissions during the plan check process, thereby streamlining the process for property owners opting to use GLADUR designs.

The process for a property owner/applicant who chooses to use the pre-reviewed GLADUR designs would consist of:

1. The first step in building an ADU is for homeowners to gather pertinent information, including property zoning, lot size, lot coverage, and/or parking, to ascertain what is allowed to be built.

2. It is essential for homeowners to get an estimate of all the costs. Homeowners can use San Mateo County’s Second Unit Resources Center, which has a free ADU Calculator.

3. Applicant/property owner selects the GLADUR schematic design that fits their needs.

4. Applicant/property owner works with professionals/vendors to prepare and incorporate the project and site-specific information into the construction documents as required for submittal to the Building Division.

5. Applicant/property owner submits complete building permit package, inclusive of all requested materials found in Attachment 2.

6. City reviews permit submittal, denies or approves within 30 days.

7. City issues approved building permit for construction of ADU.

8. City conducts inspections until all the work authorized by the permit and all the required inspections have been completed.

9. In accordance with Government Code section 65852.27, the City shall post preapproved ADU plans and the contact information of the applicant on the City’s website.

PLANNING COMMISSION
On June 6, 2024, staff presented the GLADUR pre-reviewed designs to the Planning Commission. The Commissioners sought clarification that property owners would retain the option to design their own ADU designs and would not be limited to the GLADUR pre- reviewed designs. Staff confirmed that this Program offers another option for those who

6.2 6.2 Staff Report

521

may not have the resources to design their own detached ADU. Staff also noted that the property owners still have the flexibility to hire their own architect/designer and submit plans to the City that have not been pre-reviewed.

The Commission voted 5-0-0 vote to adopt Resolution No. P-10-24 (Attachment 3) recommending that the City Council adopt GLADUR pre-reviewed designs for detached ADUs.

ADUs and Zoning Districts
It shall be noted that ADUs/JADUs are allowed in zoning districts where residential uses are permitted (with or without a planned development combining district), including R-1 Single-Family Residence District, R-2 Two-Family Residence District, R-T Townhouse Residence District, R-3 Medium Density Multiple-Family Residence District, R-4 High Density Multiple-Family Residence District, and C-M Commercial Mix District. In addition, ADUs are also allowed in the P-F Public Facilities District. Upon approval from the City Council, these pre-reviewed plans can be used in all the noted zoning districts unless otherwise directed.

Annual Progress Report (APR)
California Government Code 65400 requires each jurisdiction to prepare an annual report on the status of the General Plan progress and provide information regarding the implementation of the General Plan for their city or county, including the Housing Element. The APR includes information for decision-makers to assess how the General Plan was implemented during the 12-month reporting period. Local jurisdictions must demonstrate compliance with state law by ensuring that the programs included in the Housing Element are implemented in a timely manner.

Therefore, it is recommended that the City Council adopt a resolution to approve the Green and Livable Accessible Dwelling Unit Resource (GLADUR) pre-reviewed designs for detached accessory dwelling units (ADUs). This action supports the Housing Element program H-D-4-c, "Preapproved ADU/JADU Designs and Expedited Review," and is within the scope of the Environmental Impact Report (SCH Number 2022010509) prepared for the Foster City Housing and Safety Elements Update. This action would be included in the next APR submitted to the State.

In a separate staff report for the August 5 Council meeting, staff is also recommending including amendment to section 17.78.090 Permit Process, of Chapter 17.78 Accessory Dwelling Unit in conformance with AB 1332. The section includes language that the City shall, by resolution, adopt a program for preapproval of ADU designs which may be amended from time to time. In addition, the City shall approve or deny the applications within 30 days.

Difference between Pre-approval Design Program per AB 1332 and GLADUR Pre- Reviewed Designs

6.2 6.2 Staff Report

522

•AB 1332 provisions provide a tool to the designers to submit construction documents for review to be part of Foster City’s Pre-Approved ADU Design Program.

AB 1332 program has two (2) parts:

1. Pre-approval, which is for designers to submit their plans; and

2. Reusing the plans (site specific) phase, which is for the homeowners.

Fig 1: AB 1332 provisions, a tool for designers to submit ADU designs Source: Technical Assistance for Local Housing by Association of Bay Area Governments •GLADUR Pre-Reviewed Designs, in response to the Housing Element Program H-D-4-c, provides for four (4) schematics detached ADU designs for homeowners to download at no cost, which is phase 2 of AB 1332 (see above).

An alternative to GLADUR Pre-Reviewed Designs would have been the City hiring a designer to develop ADU plans, but keeping in mind the time and cost constraints, staff is recommending using GLADUR Pre-Reviewed Designs.

Upon approval from the City Council, HEART of SMC will add Foster City to the list of “Current jurisdictions that have pre-reviewed the GLADUR designs” and include Foster City’s’ building permit submittal requirements on the GLADUR pre-review webpage. In addition, staff will post information regarding GLADUR designs on City’s ADU webpage.

California Environmental Quality Act
The City of Foster City, as the Lead Agency, certified the EIR (SCH Number 2022010509) for the City of Foster City Housing Element and Safety Element Updates on May 22, 2023, pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. The Program is included in the Housing Element with a timeframe of implementation by December 2024 and was contemplated in the certified EIR, therefore no further environmental review is necessary.

FISCAL IMPACT

6.2 6.2 Staff Report

523

There is no fiscal impact associated with City Council adoption of the GLADUR pre- reviewed ADU program.

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

Attachment 1 – Resolution
Attachment 2 – City Department Checklist Requirements
Attachment 3 – Planning Commission Resolution No. P-10-24

6.2 6.2 Staff Report

524

2 4
4 7
RESOLUTION NO. ______

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

THE GREEN AND LIVABLE ACCESSIBLE DWELLING UNIT RESOURCE (GLADUR)

PRE-REVIEWED DESIGNS FOR DETACHED ACCESSORY DWELLING UNITS (ADUs) PREPARED BY THE HOUSING ENDOWMENT AND REGIONAL TRUST OF

SAN MATEO COUNTY (HEART) FOR THE IMPLEMENTATION OF HOUSING ELEMENT PROGRAM H-D-4-c, “PREAPPROVED ADU/JADU DESIGNS AND EXPEDITED REVIEW,” AND FIND THE PRE-REVIEWED DESIGNS WITHIN THE SCOPE OF THE ENVIRONMENTAL IMPACT REPORT (SCH NUMBER 2022010509)

PREPARED FOR THE FOSTER CITY HOUSING AND SAFETY ELEMENTS UPDATE

CITY OF FOSTER CITY
WHEREAS, Housing Element 2023-31 includes ten programs under H-D-4 to encourage and promote ADUs/Junior ADUs, including promotion and public information, financial incentives, preapproved designs, amnesty, objective design standards, monitoring; and
WHEREAS, the Housing Element 2023-31 Program H-D-4-c “Preapproved ADU/JADU Designs and Expedited Review,” requires the city to adopt preapproved ADU/JADU designs/plans to streamline the review process, facilitate reduced applicant cost, and expedite review for ADUs/JADUs by no later than December 2024; and WHEREAS, Assembly Bill (AB) 1332, approved in October of 2023, requires local agencies by January 1, 2025, to develop a program for the preapproval of ADU plans, whereby the local agency accepts ADU plan submissions for preapproval and approves or denies the preapproval applications; and
WHEREAS, the Green and Livable Accessible Dwelling Unit Resource (GLADUR) pre-reviewed designs for detached accessory dwelling units (ADUs) prepared by the Housing Endowment and Regional Trust of San Mateo County (HEART) can be used for the implementation of the Housing Element program H-D-4-c, “Preapproved ADU/JADU Designs and Expedited Review,” (“Program”); and
WHEREAS, HEART’s accessory dwelling unit GLADUR designs offer four (4) energy-efficient, all-electric detached ADU schematic designs that can be downloaded by the public at no cost; and
WHEREAS, the City can use the GLADUR pre-reviewed designs for detached ADUs to implement Housing Element Program H-D-4-c; and
WHEREAS, on June 6, 2024, the Planning Commission evaluated the pre- reviewed designs and, through Resolution No. P-10-24, recommended that the City Council’s approve the GLADUR pre-reviewed designs for detached ADUs prepared by HEART; and

6.2 Attachment 1 - Resolution

525

2 4
4 7
WHEREAS, on July 24, 2024, a Notice of Public Hearing was duly posted for consideration and approval of the pre-reviewed designs for detached HEART ADU plans for the Program at the City Council meeting on August 5, 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City, based on the facts and analysis in the Staff Report, written and oral testimony, and exhibits presented finds that the project is consistent with the Foster City 2023-2031 Housing Element and Safety Element Environmental Impact Report, adopted on May 22, 2023, State Clearinghouse Number 2022010509.

BE IT FURTHER RESOLVED that the City Council adopt GLADUR pre-reviewed designs for detached ADUs administered by HEART.

PASSED AND ADOPTED as a Resolution by the City Council of the City of Foster City at a Regular Meeting thereof held on August 5, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
____________________________

PRISCILLA SCHAUS, CITY CLERK

6.2 Attachment 1 - Resolution

526

TY DEPARTMENT CHECKLIST REQUIREMENTS
Fi
re Department – Michele Orque, Fire Inspector (650) 522-7948

1. Provide and add Link - https://www.osfm.fire.ca.gov/media/q1xg3mud/ib-accessory-dwelling- units-final.pdf
P
ublic Works Department – Laura Galli, Public Works Engineering Manager (650) 286-3280 & Ryan Marquez, Senior Civil Engineer (650) 286-3588

1.Site plan showing property lines and all existing easements with proposed utility layout including m
aterials and appurtenances for water, sewer, gas, and electricity. • If new connections or upsize to City mains are being proposed or required, please show existing and proposed connections and locations, sizes, and pipe type of City mains.

Please use City Standard Details on plans and callout appropriate details on site pl an.

Please note an Engineering Encroachment Permit will be required for all work in City Right of Way.

2. Submit a Waste Management Plan. For more information, please visit FC webpage https://www.fostercity.org/publicworks/page/construction-and-demolition

3. Please include the SMC Stormwater Construction BMP page with the plan set:
https://www.flowstobay.org/wp-content/uploads/2020/04/Countywide-Program-BMP-Plan-Sheet- June-2014-Update.pdf

4. If ADU is part of a Multi Family development, EMID Water Neutrality Ordinance must be satisfied. https://www.fostercity.org/commdev/page/water-neutrality- guidebook#:~:text=On%20May%201%2C%202023%20the,affect%20the%20City's%20water %20supply
• A water demand and offset report shall be provided by a qualified water engineering consultant, or equivalent. The report shall include, at a minimum, calculation of historic use, new proposed use and water demand (indoor and outdoor), and water saving factors.
• To obtain the historic use data for the site. Please email [email protected] requesting the historic data. The letter should specify all properties/water meters in which data is needed for.

C
ommunity Development Department: Building Inspection Division – Amanda Zulaica, Building Division (650) 286-3233

1. Site plan showing property lines and all existing easements with existing and proposed utility layout for water, sewer/drain, gas, and electricity.
a. Include site setbacks for all existing structures, proposed location of the ADU, and
pr
oposed location of any exterior equipment.
b. Identify if separate utility metering devices will be installed and locations if applicable. c. Identify drain cleanout locations, existing and new. d. Verify size of existing water meter and if connected to a shared water service with ot
her buildings or structures.

2. Provide PGE approval letter that new ADU load can be supplied by existing service or provide details for installing a new service approved by PGE.

3. Provide foundation plan with design per geo tech soils report. See Foster City Design Cr
iteria.https://www.fostercity.org/sites/default/files/fileattachments/community_development/ page/25701/design_criteria_4.pdf

4. Complete 2022 CalGreen Checklist

6.2 Attachment 2 - City Department Checklist Requirements

527

Community Development Department: Planning/Code Enforcement Division – Helen Gannon, Senior Planner (650) 286-3245

1. Setbacks consistent with Foster City Code Chapter 17.78 (Accessory Dwelling Units).

2. Mechanical and PV Equipment shall comply with Foster City Code Chapter 17.54.080.B. An Architectural Review Permit will be required if the equipment is located closer than five feet to the side property line.

Police Department – Vuong Phan, Corporal (650) 286-3300

1. The Police Department is requesting contact information from the property owner’s address on the ADU if possible, lighting and accessibility in the need of an emergency from Police or Fire.

6.2 Attachment 2 - City Department Checklist Requirements

528

RESOLUTION NO. P-10-24

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CITY

RECOMMENDING THAT THE CITY COUNCIL ADOPT THE GREEN AND LIVABLE

ACCESSIBLE DWELLING UNIT RESOURCE (GLADUR) PRE-REVIEWED DESIGNS FOR DETACHED ACCESSORY DWELLING UNITS (ADUs) PREPARED BY THE

HOUSING ENDOWMENT AND REGIONAL TRUST OF SAN MATEO COUNTY (HEART) FOR THE IMPLEMENTATION OF HOUSING ELEMENT PROGRAM H-D-4-c, “PREAPPROVED ADU/JADU DESIGNS AND EXPEDITED REVIEW”; AND FIND THE

PROGRAM WITHIN THE SCOPE OF THE ENVIRONMENTAL IMPACT REPORT (SCH NUMBER 2022010509) PREPARED FOR THE FOSTER CITY HOUSING AND SAFETY

ELEMENTS UPDATE

FOSTER CITY PLANNING COMMISSION

WHEREAS, Housing Element 2023- 31 includes ten programs under H -D-4 to encourage and promote ADUs/Junior ADUs, including promotion and public information, financial incentives, preapproved designs , amnesty, objective design standards, monitoring; and

WHEREAS, the Housing Element 2023-31 P rogram H -D-4-c “Preapproved ADU/JADU Designs and Expedited Review,” requires the city to adopt preapproved ADU/JADU designs/plans to streamline the review process, facilitate reduced applicant cost, and expedite review for ADUs/JADUs by no later than December 2024; and

WHEREAS, Assembly Bill (AB) 1332, approved in October of 2023, requires local agencies by January 1, 2025, to develop a program for the preapproval of ADU plans, whereby the local agency accepts ADU plan submissions for preapproval and approves or denies the preapproval applications; and

WHEREAS, the Green and Livable Accessible Dwelling Unit Resource (GLADUR) pre- reviewed designs for detached accessory dwelling units (ADUs) prepared by the Housing Endowment and Regional Trust of San Mateo County (HEART) can be used for the implementation of the Housing Element program H-D-4-c, “Preapproved ADU/JADU Designs and Expedited Review,” (“Program”); and

WHEREAS, HEART’s accessory dwelling unit GLADUR designs offer four (4) energy-efficient, all-electric detached ADU schematic designs that can be downloaded by the public at no cost; and

WHEREAS, the City can use the GLADUR pre- reviewed designs for detached ADUs to implement the Program; and

WHEREAS, on May 15, 2024, a Notice of Public Hearing was duly posted for consideration and approval of the pre-reviewed designs for detached HEART ADU plans for the Program at the Planning Commission meeting on June 6, 2024.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, based on the facts and analysis in the Staff Report, written and oral testimony, and exhibits

6.2 Attachment 3 - Planning Commission Resolution No. P-10-24

529

presented finds that the project is consistent with the Foster City 2023- 2031 Housing Element and Safety Element Environmental Impact Report, adopted on May 22 , 2023, State Clearinghouse Number 2022010509.

BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council adopt GLADUR pre-reviewed designs for detached ADUs administered by HEART for the implementation of the Program.

PASSED AND ADOPTED as a Resolution by the Planning Commission of the City of Foster City at a Regular Meeting thereof held on June 6, 2024, by the following vote:

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

NOES, COMMISSIONERS: N/A

ABSTAIN, COMMISSIONERS: N/A

ABSENT, COMMISSIONERS: N/A
_________________________

NICOLAS HADDAD, CHAIR

ATTEST:

____________________________

SOFIA MANGALAM, SECRETARY
Monica Ly (Jun 7, 2024 11:49 PDT)
Nicolas Haddad (Jun 7, 2024 12:04 PDT)
Nicolas Haddad

6.2 Attachment 3 - Planning Commission Resolution No. P-10-24

530

6 7
2 DATE: August 5, 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
Monica Ly, Planning Manager
James Atkins, Senior Planner
DEPARTMENT: Community Development
SUBJECT: AMEND TITLE 17 ZONING CHAPTERS 17.06 ADMINISTRATION, CONSTRUCTION AND ENFORCEMENT, SECTION 17.36 PD
PLANNED DEVELOPMENT COMBINING DISTRICT, AND 17.78

ACCESSORY DWELLING UNITS OF THE FOSTER CITY
MUNICIPAL CODE (RZ2024-0006) AND FINDING THE

AMENDMENTS EXEMPT FROM THE CALIFORNIA

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

RECOMMENDATION
It is recommended that the City Council take the following actions: (1) Introduce and pass to second reading the Ordinance (Attachment 1) amending Section 17.06.180 within Chapter 17.06, “Administration, Construction and Enforcement,” and Section 17.36.110 within Chapter 17.36, “PD Planned Development Combining District,” of Title 17, “Zoning” of the Foster City Municipal Code to allow extensions to planning entitlements, and finding the amendments exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15061(b)(3); and (2) Introduce and pass to second reading the Ordinance (Attachment 2) amending various sections within Chapter 17.78 “Accessory Dwelling Units,” of Title 17 of the Foster City Municipal Code to ensure compliance with changes in state law related to Accessory Dwelling Units and finding the amendments exempt from the California Environmental Quality Act (CEQA) Guidelines Section 15601(b)(3); and (3) Approve Resolution (Attachment 3) adopting pre-approval design program for Accessory Dwelling Units and finding the approval of the program

6.3 6.3 Staff Report

531

6 7
2 exempt from the California Environmental Quality Act (CEQA) Guidelines Section 15601(b)(3).

EXECUTIVE SUMMARY
The City’s land use and zoning regulations are contained in Title 17 (Zoning) of the Foster City Municipal Code (FCMC). FCMC carries out the policies of the General Plan by providing standards and guidelines for the orderly development of the City. On occasion, refinements to the Code are necessary to reflect changes in state law and address the needs of project applicants during periods of economic hardship and other development related difficulties.

Chapter 17.06, Administration, Construction and Enforcement, includes provisions related to various planning entitlements, including use permits, variance, and architectural reviews. This chapter covers regulations concerning applications, the hearing process, appeals, violations, expiration, and revocation. Section 17.06.180, "Expiration," stipulates that planning entitlements must expire within two years from the date of approval if not utilized. Additionally, Section 17.06.180 prohibits extensions for entitlements unless they are issued in conjunction with a tentative subdivision map for a planned unit development.

Similarly, Chapter 17.36, PD Planned Development Combining District, Section

17.36.110, "Development schedule and extensions," also stipulates that a Use Permit in a PD district must expire within two years from the date of approval but includes a provision allowing extensions if granted by the Planning Commission, with a cumulative total extension period not exceeding two years.

Recently, staff have received extension requests from several applicants whose planning entitlements, such as use permits, were nearing expiration. Applicants have been unable to start their projects due to economic challenges such as securing long-term business loans, extremely high construction costs, high interest rates, and other changing market conditions. However, according to the City’s current code, extensions to these entitlements beyond a two-year period are not legally permitted unless they are issued in conjunction with a tentative subdivision map or a use permit in a PD district and granted by the Planning Commission. Consequently, applicants seeking to extend their entitlements often apply for a building permit to maintain an ‘active permit’ and gain additional time to start their projects.

Therefore, amending the code to include a section allowing extensions for various planning entitlements would provide developers with the additional time needed to address these economic challenges and move forward with their projects. Additionally, the proposed code amendments allowing for extensions would offer a more efficient and less costly alternative than requiring applicants to reapply for a new Use Permit, General Development Plan Amendment, and other planning entitlements which would incur additional fees and extended timelines.

6.3 6.3 Staff Report

532

6 7
2 The impetus for staff’s recommendation to amend Chapter 17.78, “Accessory Dwelling Units,” is due to recent changes in State Law related to Accessory Dwelling Units (ADUs).

Recently, four (4) new state laws were passed pertaining to ADUs. These changes include Assembly Bill (AB) 976, which authorizes local agencies to require rental terms of 30 days or longer and prohibits local agencies from imposing owner occupancy requirements on ADUs, excluding Junior Accessory Dwelling Units (JADUs). AB 1033 authorizes a local agency to adopt an ordinance allowing the separate conveyance (sale) of the primary dwelling unit and ADUs as condominiums. AB 1332 requires local agencies to develop a program for pre-reviewed plans by January 1, 2025. Additionally, Senate Bill (SB) 447 moved previous Government Code sections related to ADUs to new sections to make the regulations easier to read and navigate.

Staff is recommending that the City Council adopt ordinances amending FCMC Chapters

17.06.180 and 17.36.110 to allow extensions to planning entitlements and various sections within Chapter 17.78 to comply with state law changes related to ADUs and approve a resolution adopting pre-approval design program for ADUs.

BACKGROUND
On April 10, 2024, staff reviewed the provisions of Section 17.06.180 Expiration, with the Land Use Subcommittee. Staff noted that the municipal code does not have any provisions for extension beyond two years unless accompanied by a subdivision map.

In recent times, staff have received requests for extensions from several applicants who received entitlements for a Use Permit, and/or for building permit applications, which were set to expire. (see link for April 10, Land Use subcommittee meeting, and Meeting Minutes).

The subcommittee highlighted three (3) potential outcomes upon granting of an extension, including:
•The existing building may still sit there, and the city may receive complaints of the blight.
•The developer clears the land and takes two years to finalize the project, resulting in unsightly construction fencing in the meantime. •The developer initiates the construction and extends the permit leaving the site under construction for an extended period, e.g., new Family Dental.

The subcommittee suggested that staff should have the authority to require more than a green construction fence and emphasized the need for findings and reasons for an extension request. They were fine with a one-year extension at the Director level unless the Director thinks it should go to the Planning Commission.

Based on the subcommittee’s feedback, staff prepared recommendations for the Planning Commission, including a one-year extension, required findings and the ability for the decision-making body (Planning Director or Planning Commission) to modify or

6.3 6.3 Staff Report

533

6 7
2 add new conditions of approval to address concerns about blight and unsightly construction.

Subsequently, a Planning Commission Study Session was held on June 6, 2024, informing the Planning Commission and the public regarding staff’s recommendation to amend FCMC Chapter 17.06, “Administration, Construction and Enforcement to allow extensions to planning entitlements and to amend FCMC Chapter 17.78, “Accessory Dwelling Units,” to ensure compliance with changes in state law related to ADUs. Please click the link for the June 6, 2024, Study Session meeting materials and Meeting Minutes.

On July 3, 2024, the Planning Commission held a Public Hearing to review the draft amendments to FCMC Chapters 17.06, 17.36, and 17.78. At the meeting, the Commission voted 5-0-0 to adopt Resolution P-15-24 (Attachment 4) recommending that the City Council amend Section 17.06.180 within” Chapter 17.06 “Administration, Construction and Enforcement” and Section 17.36.110 within Chapter 17.36, “PD Planned Development Combining District,” of Title 17, “Zoning” of the Foster City Municipal Code to allow extensions to planning entitlements and finding the amendments exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15061(b)(3) and Resolution P-16-24 (Attachment 5) recommending that the City Council adopt an Ordinance amending various sections within Chapter 17.78 “Accessory Dwelling Units,” of Title 17, “Zoning” of the Foster City Municipal Code to ensure compliance with changes in state law related to ADUs and finding the amendments exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15061(b)(3). Please click the link for the July 3, 2024, Public Meeting materials and Draft Meeting Minutes.

ANALYSIS
Chapter 17.06, Administration, Construction and Enforcement The City of Foster City’s Chapter 17.06 Administration, Construction and Enforcement, includes provisions related to various entitlements, including use permits, variance, etc.

The Chapter includes regulations related to applications, hearing process, appeals, violations, expiration and revocation.

Section 17.06.180 Expiration, currently includes language regarding the validity of the entitlements, including:
“Any use permit, variance, or architectural review approval granted in accordance with the terms of this title shall, without further action, become null and void if not used within two years from the date of approval thereof, or within any shorter or longer period of time specifically stated in the conditions of approval.”

Additionally, the section currently states:

6.3 6.3 Staff Report

534

6 7
2 “No extensions of use permit, variances, or architectural reviews shall be considered or granted, except that use permits and variances issued in conjunction with a tentative subdivision map for a planned unit development would expire no sooner than the approved tentative map, or any extension thereof, whichever occurs later.”

Chapter 17.36 PD Planned Development Combining District

Section 17.36.110 Development schedule and extensions state:

“An approval of a use permit in a PD district shall include a condition of approval that the use permit will expire two years from the date of approval, unless subject to time limits for a tentative map or development agreement. Extensions may be granted at the discretion of the planning commission, not to exceed a cumulative total of two years, in annual extensions not to exceed one year.”

These sections do not provide a mechanism to extend an entitlement beyond its initial two-year period, except when issued in conjunction with a tentative subdivision map for a planned unit development. Staff have received requests for extensions from applicants citing financial hardship and aggressive inflation over the past two (2) years. Applicants noted economic conditions that have created unique hardships for securing tenants and/or financing for construction.

June 6, 2024, Planning Commission Study Session

At the June 6, 2024, Planning Commission Study Session, staff noted that there is no legal mechanism to extend the entitlements beyond the initial two-year period unless the entitlements are issued in conjunction with a tentative subdivision map. In recent times, staff have received requests for extensions from several applicants who received entitlements and were set to expire.

As noted earlier, the applicants cited economic conditions that created unique hardships for securing tenants and/or financing for construction. Without a provision for an extension, some permits have expired without the opportunity for an applicant to extend their discretionary approval. An applicant must resubmit the entirety of their proposed project/permit application documents and plans, as well as repay all of the required fees for the associated project/permit type. It is understood that timing for development is critical, and not providing an allowance for applicants to reasonably extend the time required to vest their approved project/permit with the city through an accepted means can be an undue burden.

While there is no provision in the zoning code that allows an extension of entitlements (except for those entitlements issued in conjunction with a tentative subdivision map), applicants seeking an extension of time have often applied for a building permit to establish the use and then extended the construction period of the building permit to give themselves more time to start the project.

6.3 6.3 Staff Report

535

6 7
2 The California Building Code (CBC) includes provisions for the extension of building permits. According to the 2022 California Building Code, a building permit is invalid if work has not started within 180 days of its issuance or if work has been suspended or abandoned for 180 days after it has started. Local building officials may grant extensions of up to 180 days each in writing if a justifiable cause is demonstrated. Staff believes that the ability to grant a reasonable extension of planning entitlements would be a more efficient approach to give applicants more time to commence the project.

Staff researched other cities within San Mateo County regarding their provisions to allow for extensions, including considerations for the length and number of permissible extensions, as well as the fees associated with an extension application. These cities include Belmont, Burlingame, San Bruno, San Carlos, San Mateo, South San Francisco, Menlo Park, Millbrae, and Redwood City. Staff found a wide range of regulations across these cities, covering different durations and limits for extensions, varying approving authority, and fees (refer to Attachment 6 for details). It was noted that most jurisdictions allow for extensions for entitlements.

Staff prepared recommendations for the Planning Commission including a one-year extension at least sixty (60) days prior to expiration of the entitlement by the decision- making body. The Planning Commission deliberated on fees, the number and length of extensions that the City should permit, the appropriate decision-making body, and the threshold for when an applicant must apply for an extension.

The Commission recommended collecting a fee for cost recovery purposes and allowing two (2) one-year extensions, which they deemed a reasonable amount of time for securing financing or meeting project needs rather than a one (1) one-year extension.

They also recommended that the Community Development Director should have the authority to approve extensions due to their administrative nature. However, if a request for an extension involves changes to the originally approved project, it would be reviewed and processed according to the current requirements and may be referred back to the original decision-making body for consideration by the Community Development Director.

July 03, 2024, Planning Commission Study Session
Subsequently, staff prepared code amendments based on the Planning Commission’s recommendations and presented them at a Public Hearing on July 3, 2024. At the meeting, the Commission voted 5-0-0 recommending that the City Council amend sections 17.06.180 and 17.36.110 as noted below.

Proposed Amendments to Sections 17.06.180 and 17.36.110

Section 17.06.180 Expiration is proposed to be revised as follows (deletions are marked with a strikethrough, and additions are marked with an underline.):

6.3 6.3 Staff Report

536

6 7
2 1. Rename Section 17.06.180 Expiration to 17.06.180 Expiration and Extensions.

2. List subsections beginning with A. Expiration and revise as follows:

A. Expiration.

However, within one year of the date on which the use permit, variance, or architectural review approval was originally granted and prior to the improvement or structure being constructed, the decision making body may review all conditions of approval attached to the original approval and, if it so determines, attach new conditions of approval which may be necessary due to receipt by the city of new information or changed circumstances affecting the property and/or project. No extensions of use permit, variances, or architectural reviews shall be considered or granted, except that use permits and variances issued in conjunction with a tentative subdivision map for a planned unit development would expire no sooner than the approved tentative map, or any extension thereof, whichever occurs later. Use permits, variances, or architectural reviews issued in conjunction with a tentative subdivision map would expire no sooner than the approved tentative map, or any extension thereof, whichever occurs later. Extensions of subdivision maps shall be considered in accordance with Title 16 of the Foster City Municipal Code.

B. Extensions.

1. Applications for extensions of time of any use permit, variance, architectural review, or other entitlement not issued in conjunction with tentative subdivision map may be filed prior to the expiration date of the use permit, variance, architectural review, or other entitlement and shall be processed in the following manner:
a. If the extension request(s) involves no changes to the original project approvals or conditions of the use permit, variance, architectural review or other entitlement, a maximum of two (2) one-year extensions may be granted for projects or entitlements described in this chapter upon written request and payment of the required fee.
b. Review and approval or denial of the extension of time shall be conducted by the Planning Director based on the findings in section 17.06.180(B)(2). c. If the extension request(s) include changes to the project that affect its design or use or would result in changes to the original conditions of approval of the use permit, variance, architectural review, or other entitlement then those requests shall be reviewed and approved or denied by the Planning Commission.

2. Findings required. The decision-making body shall grant an extension if it finds that:

6.3 6.3 Staff Report

537

6 7
2 a. The approved project is still consistent with the City’s General Plan and Zoning Ordinance; and,
b. The extension will not result in any new environmental impacts or an increase in severity of previously identified environmental impacts.

To ensure conformance with Section 17.06.180, Section 17.36.110 Development schedule and extensions, is proposed to be revised as follows:

Section 17.36.110 Development schedule and extensions

An approval of a use permit in a PD district shall include a condition of approval that the use permit will expire two years from the date of approval, unless subject to time limits for a tentative map or development agreement. Extensions may be granted at the discretion of the planning commission, not to exceed a cumulative total of two years, in annual extensions not to exceed one year. Extensions may be granted in accordance with Section 17.06.180 Expiration and Extensions.

At a future meeting, Staff will return to the City Council with a recommended fee for extension requests to cover the costs of staff time.

Chapter 17.78 Accessory Dwelling Units

The California State Legislature continues to pass new laws aimed at easing California’s housing crisis in an effort to increase the housing supply and streamline the permitting processes. Recently, four (4) new state laws were passed pertaining to ADUs.

1. AB 976, approved by the Governor on October 11, 2023, enacted two substantive changes to ADU law:
a. Authorizes a local agency to require rental terms that are 30 days or longer; and,
b. Prohibits a local agency from imposing an owner-occupancy requirement on any ADU (not to include JADUs).

2. Historically, the state allowed local agencies to prohibit the separate sale of ADUs from the primary dwelling. AB 1033, approved on October 11, 2023, authorizes a local agency to adopt an ordinance to allow for the separate conveyance (sale) of the primary dwelling unit and accessory dwelling unit or units as condominiums.

3. AB 1332, approved in October of 2023, requires local agencies by January 1, 2025, to develop a program for the preapproval of ADU plans, whereby the local agency

6.3 6.3 Staff Report

538

6 7
2 accepts ADU plan submissions for preapproval and approves or denies the preapproval applications.

4. SB 477, approved by the Governor on March 26, 2024, moved the previous Government Codes Sections 65852.150, 65852.2, 65852.22, 65852.23, and 65852.26 outlining state law governing ADUs, into new Government Codes Sections 66310 through 66342. These new sections are designed to make it easier to read and navigate. No substantive changes to the government code were made with this Senate Bill.

June 6, 2024, Planning Commission Study Session

During the Planning Commission Study Session, staff also presented amendments to Sections 17.78.060, 17.78.090, and 17.78.100 to update Government Code sections to new sections, 66310 through 66342, and Section 17.78.090 for adopting a program for pre-reviewed designs for detached ADUs.

The Planning Commission questioned if adopting “pre-reviewed” plans would have any impact on ADU plans being expedited and how they will conform to required development standards such as setbacks. Staff clarified that the pre-reviewed ADU program will not establish an expedited review process, rather, having pre-reviewed plans may likely shorten overall review times conducted by staff as they have already been reviewed.

One of the Commissioners inquired whether the Planning Commission will need to review an ADU project if an applicant chooses to use a pre-approved plan but requests a variance due to the inability to comply with developmental standards because of the lot's shape. Staff confirmed that any proposed ADU that does not conform to required development standards would be required to be reviewed by the Planning Commission.

The Planning Commission did not suggest any modifications to staff’s recommended amendments for code sections 17.78.060, 17.78.090, and 17.78.100.

Proposed Amendments to Sections 17.78.060, 17.78.090, and 17.78.100

In order to bring the City’s ADU ordinance into compliance with the new state laws, staff recommends the following amendments to Chapter 17.78 Accessory Dwelling Units:

Amend code sections 17.78.060, 17.78.090, and 17.78.100 to update Government Code sections to new sections, 66310 through 66342.

17.78.060 B.3

The owner must record a deed restriction as outlined in Government Code Section 65852.22, 66333, which shall run with the land, and shall include both of the following:

6.3 6.3 Staff Report

539

6 7
2 a. A prohibition on the sale of the JADU separate from the sale of the single- family residence, including a statement that the deed restriction may be enforced against future purchasers.

b. A restriction on the size and attributes of the JADU that conforms with this chapter.

c. If a JADU is rented, the unit shall not be rented for a period of less than thirty consecutive calendar days.

17.78.090 Permit process.

A. Unless otherwise specified in subsection D, pursuant to Government Code Section 65852.2 66317 mandating ministerial approval of ADUs if all of the applicable standards are met, the chief building official or his/her designee shall approve the ADU permit within sixty days of the complete application being submitted. If the ADU or JADU is proposed as part of a new or remodeled primary residence, the sixty-day timeline shall not commence until the primary residence is permitted. The city may review and approve the ADU or JADU in conjunction with the new or remodeled primary residence, but the application to create the ADU or JADU shall be considered without discretionary review or hearing.

D. In conformance with Government Code Section 65852.27, the City shall, by resolution, adopt a program for the preapproval of designs for ADUs, which may be amended from time to time. Any application for an ADU utilizing a design plan for ADUs that has been preapproved pursuant to that program shall be approved or denied within thirty days.

1. The City shall also review accessory dwelling unit plan submissions for preapproval upon an application for such a request and payment of the applicable fee. The City shall approve or deny the preapproval applications, as specified.

17.78.100 Other provisions.

J. Any properties with ADUs built or developed by a nonprofit corporation may qualify to be sold or conveyed separately from the primary residence, pursuant to California Government Code Section 65852.26 66341. A qualified nonprofit corporation is a nonprofit corporation which is organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.

Pre-Approval Design Program for ADUs
The proposed amendments to Section 17.78.090 Permit process include establishing a program for pre-approval of designs for ADUs in compliance with AB 1332. Exhibit A of Attachment 3 outlines the Pre-Approved ADU Design Program.

6.3 6.3 Staff Report

540

6 7
2 Through this program, designers can submit construction documents for review to be part of Foster City’s Pre-Approved ADU Design Program. Once reviewed by City staff, the plans will be available for use by property owners and applicants within Foster City.

The program is new, and staff has included language stating that it may be amended from time to time by the Community Development Director and the most current version will be posted on the City’s website.

Upon approval from the City Council, program details will be posted on the city’s website. At a future meeting, Staff will return to the City Council with a fee schedule to cover the costs related to staff’s time in reviewing the ADU plans for the program.

California Environmental Quality Act
The proposed amendments to sections 17.06.180 and 17.36.110 have no possibility of having a significant effect on the environment and are exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).

The proposed amendments to sections 17.78.060, 17.78.090 and 17.78.100 are required to be adopted to comply with changes in state law related to ADUs, which would preempt inconsistent provisions of the Municipal Code if such amendments were not adopted, and therefore the Municipal Code amendments would not result in a direct or indirect foreseeable physical change to the environment and are exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), Common Sense Exemption.

FISCAL IMPACT
There is no fiscal impact associated with this item. However, staff will return to the City Council at a future meeting with a recommended fee schedule for extension requests and the pre-approved ADU design program to cover the cost of staff time spent.

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

Attachment 1 – Ordinance for Chapter 17.06 and Chapter 17.36 Attachment 2 – Ordinance for Chapter 17.78
Attachment 3 – Resolution for Pre-Approval Design Program for ADUs Attachment 4 – Planning Commission Resolution P-15-24 with redlines Attachment 5 – Planning Commission Resolution P-16-24 with redlines Attachment 6 – Extensions for other cities within San Mateo County

6.3 6.3 Staff Report

541

2 4
5 1
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING SECTION 17.06.180 WITHIN CHAPTER 17.06, “ADMINISTRATION, CONSTRUCTION AND ENFORCEMENT,” AND SECTION 17.36.110 WITHIN CHAPTER 17.36, “PD PLANNED DEVELOPMENT COMBINING DISTRICT,” OF TITLE 17, “ZONING” OF THE FOSTER

CITY MUNICIPAL CODE TO ALLOW EXTENSIONS TO PLANNING ENTITLEMENTS

AND FINDING THE AMENDMENTS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3) - RZ2024-0006

CITY OF FOSTER CITY
WHEREAS, Chapter 17.06 Administration, Construction and Enforcement governs, among other things, the issuance, expiration and extension of Use Permits; and
WHEREAS, section 17.06.180 of Foster City Municipal Code currently states in relevant part, “…No extensions of use permit, variances, or architectural reviews shall be considered or granted, except that use permits and variances issued in conjunction with a tentative subdivision map for a planned unit development would expire no sooner than the approved tentative map, or any extension thereof, whichever occurs later.”; and WHEREAS, section 17.36.110 Development schedule and extensions of Foster City Municipal Code currently states in relevant part, “…Extensions may be granted at the discretion of the planning commission, not to exceed a cumulative total of two years, in annual extensions not to exceed one year.”; and
WHEREAS, time extensions for discretionary approved entitlements provide a mechanism for applicants to reasonably extend the expiration of planning entitlements; and
WHEREAS, the City desires to amend section 17.06.180 within Chapter 17.06 Administration, Construction and Enforcement to include a provision allowing for extensions to discretionary approved entitlements that are not being processed in conjunction with subdivision maps subject to the California Subdivision Map Act and Title 16 for extensions; and
WHEREAS, the City desires to amend section 17.36.110 within Chapter 17.36 PD Planned Development Combining District to refer to section 17.06.180; and WHEREAS, on July 3, 2024, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider a Resolution regarding the amendments to section 17.06.180 within Chapter 17.06 Administration,

6.3 Attachment 1 - Ordinance for Chapter 17.06 and Chapter 17.36

542

2 4
5 1
Construction and Enforcement of the Foster City Municipal Code and section 17.36.110 within Chapter 17.36 PD Planned Development Combining District, and after conducting the public hearing, adopted Resolution No. 15-24 with the Planning Commission recommending City Council approval of the amendments to Title 17; and WHEREAS, on July 24, 2024, a public hearing notice was published posted in three public places, and mailed pursuant to California Code Section 65090 for the City Council public hearing on August 5th, 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; and

2. The ordinance making text amendments to Title 17 would be exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because these revisions only make administrative changes to the administration of Use Permits and it can be seen with certainty that there is no possibility that these administrative changes may have a significant effect on the environment.

3. 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.

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

Section 2. Amendment. Section 17.06.180 within Chapter 17.06 “Administration, Construction and Enforcement” of Title 17, “Zoning” of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:

Amendments to Chapter 17.06

ADMINISTRATION, CONSTRUCTION AND ENFORCEMENT
Sections:

17.06.010 Scope.

17.06.020 Exclusionary zoning.

17.06.030 Planning director.

17.06.040 Enforcement officer.

17.06.045 Applications—Completeness.

6.3 Attachment 1 - Ordinance for Chapter 17.06 and Chapter 17.36

543

2 4
5 1

17.06.047 Applications—Deemed withdrawn after six months.

17.06.050 Use permit—Regulations generally.

17.06.060 Use permit—Application.

17.06.070 Use permit—Grant or denial.

17.06.080 Variance—Regulations generally.

17.06.090 Variance—Limitations.

17.06.100 Variance—Application.

17.06.110 Variance—Grant.

17.06.120 Hearing—Required.

17.06.130 Hearing—Notice.

17.06.140 Appeal period—Issuance.

17.06.150 Appeal procedures.

17.06.155 Reconsideration within one year.

17.06.160 Violation—Infraction.

17.06.170 Violation—Nuisance declaration—Abatement.

17.06.175 Violation—Penalty fees.

17.06.180 Expiration and Extensions.

17.06.190 Revocation—Generally.

17.06.200 Revocation—Procedure.

17.06.180 Expiration and Extensions.

A. Expiration.

1. Except as otherwise provided herein, any use permit, variance, or architectural review approval granted in accordance with the terms of this title shall, without further action, become null and void if not used within two years from the date of approval thereof, or within any shorter or longer period of time specifically stated in the conditions of approval. However, within one year of the date on which the use permit, variance, or architectural review approval was originally granted and prior to the improvement or structure being constructed, the decision making body may review all conditions of approval attached to the original approval and, if it so determines, attach new conditions of approval which may be necessary due to receipt by the city of new information or changed circumstances affecting the property and/or project.

Use permits, variances, or architectural reviews issued in conjunction with a tentative subdivision map would expire no sooner than the approved tentative map, or any extension thereof, whichever occurs later. Extensions of subdivision maps shall be considered in accordance with Title 16 of the Foster City Municipal Code.

6.3 Attachment 1 - Ordinance for Chapter 17.06 and Chapter 17.36

544

2 4
5 1
B. Extensions.

2. Findings required. The decision-making body shall grant an extension if it finds that:
a. The approved project is still consistent with the City’s General Plan and Zoning Ordinance; and,
b. The extension will not result in any new environmental impacts or an increase in severity of previously identified environmental impacts.

3. In granting an extension pursuant to this subsection, the decision-making body may modify or add new conditions of approval as deemed necessary to address potential impacts as a result of the extension.”
Section 3. Amendment. Section 17.36.110 within Chapter 17.36 “” of Title 17, “Zoning” of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“17.36.110 Development schedule and extensions.

An approval of a use permit in a PD district shall include a condition of approval that the use permit will expire two years from the date of approval, unless subject to time limits for a tentative map or development agreement. Extensions may be granted in accordance with Section 17.06.180 Expiration and Extensions.” Section 4. Severability. If any section, subsection, sentence, clause or phrase of this

6.3 Attachment 1 - Ordinance for Chapter 17.06 and Chapter 17.36

545

2 4
5 1
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 5. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.

Section 6. 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 5th day of August, 2024, and passed and adopted on the day of , 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 1 - Ordinance for Chapter 17.06 and Chapter 17.36

546

2 4
5 2
ORDINANCE NO. __________

AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING VARIOUS SECTIONS WITHIN CHAPTER 17.78 “ACCESSORY DWELLING UNITS,” OF TITLE 17 OF THE

FOSTER CITY MUNICIPAL CODE TO ENSURE COMPLIANCE WITH CHANGES IN

STATE LAW RELATED TO ACCESSORY DWELLING UNITS AND FINDING THE

AMENDMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3) - RZ2024-0006

CITY OF FOSTER CITY
WHEREAS, the California State Legislature continues to pass new laws aimed at easing California’s housing crisis by continuing to limit local government discretion over housing development projects and are intended increase the housing supply and several state laws were passed pertaining to ADUs; and
WHEREAS, Assembly Bill (AB) 1332 requires local agencies to develop a program for the preapproval of ADU plans by January 1, 2025; and WHEREAS, AB 1332 requires local agencies to approve or disapprove an application for a detached ADU within 30 days from the date the local agency receives a completed application if the application complies with Government Code Section 65852.27(b); and
WHEREAS, Senate Bill (SB) 477 moved Government Code Sections 65852.150, 65852.2, 65852.22, 65852.23, and 65852.26 relating to ADUs into a single chapter (Chapter 13, commencing with Section 66310) within Division 1 of Title 7 of the Government Code; and
WHEREAS, SB 477 also makes non-substantive changes and reorganizes various provisions relating to the creation and regulation of accessory dwelling units and junior accessory dwelling units; and
WHEREAS, the city desires to amend Sections 17.78.060, 17.17.090, and

17.78.100 within Chapter 17.78 to comply with state law; and WHEREAS, on July 3, 2024, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider a Resolution regarding the amendments to Chapter 17.78, and after conducting the public hearing, adopted Resolution No. P-16-24 with the Planning Commission recommending City Council approval of the amendments to Chapter 17.78; and

6.3 Attachment 2 - Ordinance for Chapter 17.78

547

2 4
5 2
WHEREAS, on July 24 th, 2024, a public hearing notice was published posted in three public places, and mailed pursuant to California Code Section 65090 for the City Council public hearing on August 5th, 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; and

2. The ordinance making text amendments to Title 17 would be exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment; and

3. The 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; and

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

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

Section 2. Amendment. Sections 17.78.060, 17.78.090, and 17.78.100 within Chapter 17.78 “Accessory Dwelling Units” of Title 17, “Zoning” of the Foster City Municipal Code are hereby repealed and replaced in their entirety to read as follows:
“17.78.060 Standards applicable to single-family residence zoning districts.

The following shall apply to single-family lots in R-1, R-2 and R-1/PD zoning districts:

A. Number of Units. A single-family lot with a primary dwelling unit may have:

1. Option 1. One JADU (up to 500 SF); or

2. Option 2. One ADU (conversion, attached, or detached); or

3. Option 3
a. One (1) JADU (up to 500 SF); and,

6.3 Attachment 2 - Ordinance for Chapter 17.78

548

2 4
5 2
b. One (1) conversion ADU; and,
c. One (1) newly constructed ADU (up to 800 SF).

4. Option 4
a. One (1) JADU (up to 500 SF); and,
b. One (1) newly constructed ADU over 800 square feet

5. Option 5
a. One (1) JADU (up to 500 SF); and
b. One (1) conversion ADU.

B. Junior Accessory Dwelling Units.

1. The number of JADUs shall be limited to one (1) unit per residential lot zoned for single-family residences that includes a proposed or existing single- family residence.

2. The property owner must reside in either the remaining portion of the primary dwelling unit or the JADU. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

3. The owner must record a deed restriction as outlined in Government Code Section 66333, which shall run with the land, and shall include the following:
a. A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
b. A restriction on the size and attributes of the JADU that conforms with this chapter.
c. If a JADU is rented, the unit shall not be rented for a period of less than thirty consecutive calendar days.

4. A JADU shall be constructed within the walls of the proposed or existing single-family residence, including attached garages.

5. JADUs shall include a separate entrance from the main entrance to the proposed or existing single-family residence. If a permitted JADU does not include a separate bathroom, the permitted JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

6.3 Attachment 2 - Ordinance for Chapter 17.78

549

2 4
5 2

6. The JADU shall include an efficiency kitchen, which shall include all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

C. Attached ADUs. One attached ADU per single-family lot is permitted, subject to the following requirements:

1. Size. The total floor area of an attached ADU shall be not more than one thousand two hundred (1,200) square feet or fifty (50) percent of the existing or proposed primary dwelling, whichever is less.

2. Location. Attached ADUs shall not be located in the front yard unless development of an eight hundred (800 sq. ft.) square foot ADU is otherwise infeasible.

3. Setbacks. The side and rear setbacks shall be no less than four (4) feet.

4. Height.
a. An attached ADU shall not exceed twenty-five (25) feet in height, or the height requirement for the primary dwelling, whichever is lower. b. ADUs shall not exceed two (2) stories in height.

D. Detached ADUs. One newly constructed detached ADU per single-family lot is permitted, subject to the following requirements:

1. Size. The total floor area of a detached ADU shall not exceed one thousand two hundred (1,200) square feet or fifty (50) percent of the existing or proposed primary dwelling, whichever is less.

2. Location. Detached ADUs shall not be located in the front yard unless development of an eight hundred (800 sq. ft.) square foot ADU is otherwise infeasible.

3. Setbacks.
a. The side and rear setbacks shall be no less than four feet. b. The separation between the detached ADU and the primary dwelling shall be as per California Residential Code.

4. Height. A detached ADU shall not exceed sixteen (16) feet in height, except in the following cases:

6.3 Attachment 2 - Ordinance for Chapter 17.78

550

2 4
5 2
a. A height of eighteen (18) feet is permitted when an ADU is located within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in this code section; and, and additional two (2) feet of height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

E. Conversion ADUs. One conversion ADU per single-family lot is permitted, subject to the following requirements:

1. Setbacks. No setbacks shall be required for ADU conversions located within the existing living area or an existing accessory structure, or an ADU that replaces an existing structure and is located in the same location and to the same dimensions as the structure being replaced. A legal accessory building (including a detached garage) may be converted into an ADU provided the side and rear setbacks are sufficient for fire safety.

Notwithstanding the provisions of this section, conversion ADUs shall provide sufficient side and rear setbacks for fire safety.

2. Height. A conversion ADU shall not alter the height of the existing structure (single-family dwelling, accessory building, or garage) that is being converted.

3. Other Standards.
a. Conversion ADUs in existing accessory structures may expand the existing dimensions of the structure no more than one hundred fifty (150) square feet to accommodate ingress/egress. Any such expansion shall count towards the size of the ADU.

F. Additional Requirements.

1. All JADUs and ADUs shall provide exterior access that is separate from the proposed or existing single-family dwelling.

2. Except as specified in this section, ADUs shall comply with lot coverage, open space, front setbacks, minimum lot size, and other zoning standards applicable to the primary dwelling, except in no event shall the application of any of these standards preclude at least an eight hundred (800) square foot ADU.

17.78.090 Permit process.

A. Unless otherwise specified in subsection D, pursuant to Government Code Section 66317 mandating ministerial approval of JADUs and ADUs if all of the applicable standards are met, the chief building official or his/her designee shall

6.3 Attachment 2 - Ordinance for Chapter 17.78

551

2 4
5 2
approve the ADU permit within sixty days of the complete application being submitted. If the ADU or JADU is proposed as part of a new or remodeled primary residence, the sixty-day timeline shall not commence until the primary residence is permitted. The city may review and approve the ADU or JADU in conjunction with the new or remodeled primary residence, but the application to create the ADU or JADU shall be considered without discretionary review or hearing.

B. If the city disapproves an application for an ADU or JADU, the building division shall return, in writing, a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

C. A demolition permit for a detached garage that is to be replaced with an ADU must be reviewed with the application for the ADU and issued at the same time.

D. In conformance with Government Code section 65852.27, the City shall, by resolution, adopt a program for the preapproval of designs for ADUs, which may be amended from time to time. Any application for an ADU utilizing a design plan for ADUs that has been preapproved pursuant to that program shall be approved or denied within thirty days.

17.78.100 Other provisions.

A. Unless exempt from the owner-occupancy requirement per subsection B of this section, prior to obtaining a building permit for an ADU, a deed restriction, approved by the city attorney, shall be recorded with the county recorder’s office, which shall include the pertinent restrictions and limitations of an ADU identified in this section including but not limited to: prohibition of the sale of the ADU separate from the sale of the single-family residence; restrictions on the size and attributes of the ADU; and prohibitions on rentals less than thirty consecutive days. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns.

B. Owner Occupancy. Notwithstanding the foregoing or any other provision of this chapter, no owner-occupancy requirement shall be enforced and no deed restriction shall be required for ADU permit applications.

6.3 Attachment 2 - Ordinance for Chapter 17.78

552

2 4
5 2
C. Delay in Enforcement of Unpermitted ADUs. For any unpermitted or substandard ADU built before January 1, 2020, upon an owner’s request, the city’s chief building official shall delay enforcing any building standards if the building official determines that the unpermitted ADU meets health and safety standards.

This provision shall sunset on January 1, 2030; however, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay.

D. Any ADU may be leased for a period not fewer than thirty consecutive days.

E. Fire flow and fire department access must comply with the California Fire Code as amended by the San Mateo consolidated fire department, or an alternate means shall be proposed.

F. Fire Sprinklers.

1. An ADU shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.

2. The construction of an ADU shall not trigger a requirement of fire sprinklers to be installed in the existing primary dwelling.

G. ADUs that are seven hundred fifty square feet or smaller are exempt from impact fees.

H. Notwithstanding the provisions of this section, the requirements for newly constructed ADUs shall not preclude constructing one ADU of at least eight hundred square feet, which is not more than sixteen feet in height, and set back at least four feet from the side and rear property lines.

I. Notwithstanding any other provision of this code, an applicant shall not be required to correct nonconforming conditions on the subject property as a condition of obtaining permits to construct an ADU or JADU.

J. Any properties with ADUs built or developed by a nonprofit corporation may qualify to be sold or conveyed separately from the primary residence, pursuant to California Government Code Section 66341. A qualified nonprofit corporation is a nonprofit corporation which is organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.”

6.3 Attachment 2 - Ordinance for Chapter 17.78

553

2 4
5 2
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 5th day of August, 2024, and passed and adopted on the day of , 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 2 - Ordinance for Chapter 17.78

554

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ADOPTING PRE-APPROVAL DESIGN PROGRAM FOR ACCESSORY DWELLING UNITS (ADUs)

AND FINDING THE APPROVAL OF THE PROGRAM EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15601(B)(3)

CITY OF FOSTER CITY
WHEREAS, Assembly Bill (AB) 1332 requires local agencies to develop a program for pre-reviewed plans for Accessory Dwelling Units (ADUs) by January 1, 2025; and WHEREAS, whereby per the provisions of AB 1332, the local agency accepts ADU plan submissions for preapproval and approves or denies the preapproval applications; and
WHEREAS, the City wishes to establish the program for the preapproval of designs for ADUs, which may be amended from time to time by the Community Development Director.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City, based on the facts and analysis in the Staff Report, written and oral testimony, and exhibits presented finds that the program is exempt from the California Environmental Quality Act (CEQA) Guidelines Section 15601(b)(3).

BE IT FURTHER RESOLVED that the City Council adopt a program for pre- approval designs for ADUs, in conformance with AB 1332, which is attached hereto and hereinafter incorporated by reference as Exhibit A.

PASSED AND ADOPTED as a resolution by the City Council of the City of Foster City at a Regular Meeting held on August 5, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
____________________________

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 3 - Resolution

555

EXHIBIT A

PRE-APPROVAL DESIGN PROGRAM FOR ACCESSORY DWELLING UNITS (ADUs)
In conformance with the provision of Government Coder Section 65852.27 and section

17.78.090 (D) of the Foster City Municipal Code the City of Foster City establishes a program for Pre-Approval Design program for ADUs.

Through this program, designers can submit construction documents for review to be part of Foster City’s Pre-Approved Design Program. After approval by the applicable City staff, the pre-approved construction documents will be made available for use by property owners/applicants within Foster City. The designer will maintain the copyright to their preapproved design, any homeowner/applicant who wishes to use their design must contract with the designers directly to do so. The pre-approved plans are only about 80% complete and will always require property-specific modifications. In addition to the building plans, site-specific land use information will also need to be completed. Once the property owner selects a pre-approved ADU plan, they will work directly with that design professional to prepare construction documents that represent their site-specific factors.

1. Application Forms:

There are two (2) application forms, including
•For designers to apply for review of ADU plans (pre-approval phase) •For designs and/or applicants for reusing the pre-approval ADU plans (site specific phase)

2. Applicable Fees:

The appropriate fee, as adopted by Resolution of the City Council and included in the Master Fee Schedule, must be paid at the same time the application form is submitted.

3. Pre-Approval
a. Designer submits plans to city (see submittal requirements below) along with an application and applicable fees.
b. City staff reviews the submitted plans and asks for corrections (60 days). c. Designer resubmits plans until approved (could be multiple rounds). d. City staff also prepares a checklist of additional information, plans and documents that may be needed.
e. City posts plans, checklist and contact information of the designer (as provided) on City website. The City may remove a preapproved accessory dwelling unit plan from their internet website within 30 days of receiving a request for removal from the applicant.
f. The posting of a preapproved ADU plan shall not be considered an endorsement of the designer.

4. Reusing the plans (site specific phase)

6.3 Attachment 3 - Resolution

556

a. Designer and/or applicant applies for a building permit (application and applicable fees) and submits plans for a specific address adding site specific information, and additional documentation.
b. City reviews site specific aspects of plans and asks for corrections (30 days) c. Designer resubmits plans until they are approved.
d. City staff issues a building permit.
e. City staff conducts building inspections during the construction phase.

5. Submittal Requirements
•Designers must submit the following with the application for pre-approval of ADU designs, Cover sheet. Provide scope of work, project address, location map, flood zone, type of construction, square footage, occupancy classification(s), area calculations, applicable codes, and information of owner, designer, and contractor, and sheet index.
•Architectural Plans: Site/Plot plan, existing construction, demolition plan, new construction, floor plans, exiting plans, door schedules, equipment schedules, accessibility upgrades- accessible path of travel (if applicable), details and sections, elevations and finishes, and roof plan.
oSite/Plot Plan: location of the project in the City, location of the structure on the property with lot and setback dimensions, easements and north arrow, relationship to other structures, location of the project, floor level, room name or numbers.
oFloor Plan: room dimensions, wall, door and window locations and sizes, room designations, existing, demolition and proposed construction, location of smoke detectors, CO alarms, fire exiting signage and equipment (if applicable)
oElevation Plan: orthographic projections drawing with all sides of the house/ADU, identification of the specific side of the building, grade lines, vertical height dimensions of all features, finished floor and ceiling levels, location of exterior wall corners, windows and doors, roof features, porches, decks and patios, material symbols.
•Structural Plans: details and construction of foundation, framing, roof framing plan, identify the location of sections and all construction details o Foundation Plan: footings; foundation walls; piers, and columns; beams and pilasters; direction, size and spacing of floor joists/trusses (Foundations shall match the existing construction for additions.)
oFraming Plan: Size, number, spacing, location, methods, and construction details of the structural members to support all loads. Floor framing such as joists, girders, columns; Wall framing openings and ceiling heights; and Rafters including span and slope.
oDetails: large-scale drawings with details, dimensions, tolerances, notation, symbols and specification information of building and their components. •Mechanical Plans: Cal-Green requires Heating & Cooling Systems to be designed. •Electrical Plans: Show the location of all receptacles, lights, motors, switches, disconnects, panels, services, transformer, Gensets, one line diagram showing conduit/conductor size and insulation type, exit signs & emergency lighting (if applicable). Include a panel schedule showing all new and existing loads, building service size, and grounding/bonding.

6.3 Attachment 3 - Resolution

557

•Plumbing Plans: Provide isometric plans for waste/vent, type of piping material, location of gas lines, water supply lines, sewer line, water heaters with size and input BTU rating, gas line schematic and calculation for sizing of pipe. •Designs shall be provided with options for exterior finish materials to ensure architectural compatibility with primary dwelling unit and surrounding neighborhood.
•Structural Calculations, as applicable.
•Energy calculations.
•Truss Calculations Floor/Roof.
•Civil Plans: Show all site work, grading, storm drainage, and utilities •Landscape Plans: Details and Tree Protection
•California Green Building Code with Check List on plans: Denote where on the plans all mandatory requirements are met.
•Door/ window schedule – identify all “Egress” door/windows and all other door/window coordinate onto floor plan.
•Soils Report
•Other drawings as requested by the Chief Building Official.

6. Application of Building Code Requirements
a. The Building Division will review the plans to ensure they meet the California Building Codes, Title 24, and any additional requirements in the Foster City Muni Code.
b. A new address request and address fee is required for ADUs. c. Due to the 3-year building code cycle, the pre-approval expires at the end of the building code cycle.

7.Amendment
The Program may be amended time to time by the Community Development Director.

The most current version of the Program will be posted on the City’s website.

6.3 Attachment 3 - Resolution

558

RESOLUTION NO. P - 15 - 24

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CITY RECOMMENDING THAT THE CITY COUNCIL AMEND SECTION 17.06.180 WITHIN CHAPTER 17.06 "ADMINISTRATION, CONSTRUCTION AND ENFORCEMENT"AND SECTION 17.36.110 WITHIN CHAPTER 17.36, "PD PLANNED DEVELOPMENT COMBINING DISTRICT" OF TITLE 17, "ZONING" OF THE FOSTER CITY MUNICIPAL

CODE TO ALLOW EXTENSIONS TO PLANNING ENTITLEMENTS AND FINDING THE

AMENDMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PuRSUANTTO CEQAGUIDELINE SECTION 15061(B)(3) - RZ2024-0006

FOSTER CITY PLANNING COMMISSION
WHEREAS, on June 6, 2024, a Planning Commission Study Session was held to provide for public input and for the Planning Commission to review and discuss proposed amendments to Chapter 17.06 Administration, Construction and Enforcement; and WHEREAS, section 17.06.180 of Foster City Municipal Code currently states in relevant part, "... No extensions of use permit, variances, or architectural reviews shall be considered or granted, except that use permits and variances issued in conjunction with a tentative subdivision map for a planned unit development would expire no sooner than the approved tentative map, or any extension thereof, whichever occurs later"; and WHEREAS, section 17.36.110 Development schedule and extensions of Foster City Municipal Code currently states in relevant part, "...Extensions may be granted at the discretion of the planning commission, not to exceed a cumulative total of two years, in annual extensions not to exceed one year."; and WHEREAS, time extensions for discretionary approved entitlements provide a mechanism for applicants to reasonably extend the expiration of planning entitlements; and
WHEREAS, the City desires to amend section 17.06.180 within Chapter 17.06 Administration, Construction and Enforcement to include a provision allowing for extensions to discretionary approved entitlements that are not being processed in conjunction with subdivision maps subject to the California Subdivision Map Act and Title 16 for extensions; and
WHEREAS, a Notice of Public Hearing was duly posted for consideration of the amendment to section 17.06.180 within Chapter 17.06 Administration, Construction and Enforcement of the Foster City Municipal Code, at the Planning Commission meeting on July 3, 2024; and
WHEREAS, the City desires to amend section 17.36.110 within Chapter 17.36 PD Planned Development Combining District to refer to section 17.06.180; and

6.3 Attachment 4 - Planning Commission Resolution P-16-24 with redlines

559

WHEREAS, the Planning Commission of the City of Foster City has carefully reviewed and considered the staff report and all attachments thereto presented as part of the agendaforthe public hearing regarding the proposed amendmentsto section 17.06.180 within Chapter 17.06 and Section 17.36.110 within Chapter 17.36 of Title 17, "Zoning," of the Foster City Municipal Code as referenced above including any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the "Record").

NOW, THEREFORE BE IT RESOLVED that the Planning Commission, based on facts and analysis in the staff report, written and oral testimony, and exhibits presented, finds that:

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

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

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

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

BE IT FURTHER RESOLVED that the Planning Commission of the City of Foster City does hereby recommend that the City Council adopt an ordinance repealing and replacing section 17.06.180 within Chapter 17.06 Administration, Construction and Enforcement of Title 17, "Zoning" in its entirety, as contained in Exhibit A, and replacing sedion 17.36.110 within Chapter 17.36 PD Planned Development Combining District of Title 17 "Zoning"in its entirety, as contained in Exhibit B, attached hereto and incorporated herein and finding the amendments exempt from the California Environmental Quality Act.

6.3 Attachment 4 - Planning Commission Resolution P-16-24 with redlines

560

PASSED AND ADOPTED as a Resolution by the Planning Commission of the City of Foster City at a Regular Meeting thereof held on July 3, 2024, by the following vote:

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

ABSTAIN, COMMISSIONERS:

ABSENT, COMMISSIONERS:

Nt'co[or f-kMoi
Nicolas Haddad (Jut 10, 2024 00:21 PDT)

NICOLAS HADDAD, CHAIR
ATTEST:

SOFIA MANGALAM, SECRETARY

6.3 Attachment 4 - Planning Commission Resolution P-16-24 with redlines

561

EXHIBIT A
Amendments to Chapter 17.06

ADMINISTRATION, CONSTRUCTION AND ENFORCEMENT
Sections:

17.06.010 Scope.

17.06.020 Exclusionary zoning.

17.06.030 Planning director.

17.06.040 Enforcementofficer.

17.06.045 Applications-Completeness.

17.06.047 Applications-Deemedwithdrawnaftersixmonths.

17.06.050 Usepermit-Regulationsgenerally.

17.06.060 Use permit-Application.

17.06.070 Use permit-Grant or denial.

17.06.080 Variance-Regulationsgenerally.
4 7.06.090 Variance-Limitations.

17.06.100 Variance-Application.

17.06.110 Variance-Grant.

17.06.120 Hearing-Required.

17.06.130 Hearing-Notice.

17.06.140 Appeal period-lssuance.

17.06.150 Appeal procedures.

17.06.155 Reconsiderationwithinoneyear.

17.06.160 Violation-Infraction.

17.06.170 Violation-Nuisance declaration-Abatement.

17.06.175 Violation-Penaltyfees.

17.06.180 Expiration and Extensions

17.06.190 Revocation-Generally

17.06.200 Revocation-Procedure.

6.3 Attachment 4 - Planning Commission Resolution P-16-24 with redlines

562

17.06.180 Expiration and Extensions.

A. Expiration.

1. Except as otherwise provided herein, Aany use permit, variance, or architectural review approval granted in accordance with the terms of this title shall, without further action, become null and void if not used within two years from the date of approval thereof, or within any shorter or longer period of time specifically stated in the conditions of approval. However, within one year of the date on which the use permit, variance, or architectural review approval was originally granted and prior to the improvement or structure being constructed, the decision making body may review all conditions of approval attached to the original approval and, if it so determines, attach new conditions of approval which may be necessary due to receipt by the city of new information or changed circumstances affecting the property and/or project. Use permits, variances, or architectural reviews issued in conjunction with a tentative subdivision map would expire no sooner than the approved tentative map, or any extension thereof, whichever occurs later. Extensions of subdivision maps shall be considered in accordance with Title 16 of the Foster City Municipal Code.

B. Extensions

1. Applications for extensions of time of any use permit, variance, architectural review, or other entitlement not issued in conjunction with tentative subdivision map may be filed prior to the expiration date of the use permit, variance, architectural review, or other entitlement and shall be processed in the followinq manner:
a. If the extension request(s) involves no changes to the oriqinal project approvals or conditions of the use permit, variance, architectural review or other entitlement, a maximum of two (2) one-year extensions may be qranted for projects or entitlements described in this chapter upon written request and payment of the required fee. b. Review and approval or denial of the extension of time shall be conducted by the Planning Director based on the findinqs in section 17.06. "l 80(B)(2). c. If the extension request(s) include chanqes to the project that affect its desiqn or use or would result in chanqes to the oriqinal conditions of approval of the use permit, variance, architectural review, or other entitlement then those requests shall be reviewed and approved or denied by the Planninq Commission.

2. Findinqs required. The decision-making body shall qrant an extension if it finds that:
a. The approved project is still consistent with the City's General Plan and Zoninq Ordinance; and,
b. The extension will not result in any new environmental impacts or an increase in severity of previously identified environmental impacts.

3. In qranting an extension pursuant to this subsection, the decision-makinq body may modify or add new conditions of approval as deemed necessary to address potential impacts as a result of the extension.

6.3 Attachment 4 - Planning Commission Resolution P-16-24 with redlines

563

EXHIBIT B
Amendments to Chapter 17.36

PD PLANNED DEVELOPMENT COMBINING DISTRICT

17.36.110 Development schedule and extensions.

An approval of a use permit in a PD district shall include a condition of approval that the use permit will expire two years from the date of approval, unless subject to time limits for a tentative map or development agreement. Extensions may be granted at the discretion of the planning commiccion, not to cxcccd : cumulative total of two years, in annual extensions not to cxcccd in accordance with Section 17.06.180 Expiration and Extensions.

6.3 Attachment 4 - Planning Commission Resolution P-16-24 with redlines

564

RESOLUTION NO. P - 16 - 24

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CITY

RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING VARIOUS SECTIONS WITHIN CHAPTER 17.78 "ACCESSORY DWELLING UNITS," OF TITLE 17, ZONING OF THE FOSTER CITY MUNICIPAL CODE TO ENSURE

COMPLIANCE WITH CHANGES IN STATE LAW RELATED TO ACCESSORY

DWELLING UNITS AND FINDING THE AMENDMENTS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3) - RZ2024-0006

FOSTER CITY PLANNING COMMISSION
WHEREAS, the California State Legislature continues to pass new laws aimed at easing California's housing crisis by continuing to limit local government discretion over housing development projects and are intended increase the housing supply and several state laws were passed pertaining to ADUs; and
WHEREAS, Assembly Bill (AB) 1332 requires local agencies to develop a program for the preapproval of ADU plans by January 1, 2025; and WHEREAS, AB 1332 requires local agencies to approve or disapprove an application for a detached ADU within 30 days from the date the local agency receives a completed application if the application complies with Government Code Section 65852.27(b); and
WHEREAS, Senate Bill (SB) 477 moved Government Code Sections 65852.150, 65852.2, 65852.22, 65852.23, and 65852.26 relating to ADUs into a single chapter (Chapter 13, commencing with Section 66310) within Division 'l of Title 7 of the Government Code; and
WHEREAS, SB 477 also makes nonsubstantive changes and reorganizes various provisions relating to the creation and regulation of accessory dwelling units and junior accessory dwelling units; and
WHEREAS, on June 6, 2024, a Planning Commission Study Session was held to provide for public input and for the Planning Commission to review and discuss proposed amendments to Chapter 17.78 Accessory Dwelling Units; and WHEREAS, the proposed amendments are required to be adopted to comply with changes in state law related to accessory dwelling units, which would preempt inconsistent provisions of the Municipal Code if such amendments were not adopted, and therefore the Municipal Code amendments would not result in a direct or indirect foreseeable physical change to the environment and are exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines (14 CCR 15000 et seq.) Section 15061 (b)(3), Common Sense Exemption; and

6.3 Attachment 5 - Planning Commission Resolution P-16-24 with redlines

565

WHEREAS, a Notice of Public Hearing was duly posted for consideration of the amendment to the Municipal Code Chapter 17.78 Accessory Dwelling Units at the Planning Commission meeting on July 3, 2024; and
WHEREAS, the Planning Commission or the City of Foster City has carefully reviewed and considered the staff report and all attachments thereto presented as part of the agenda for the public hearing regarding the proposed amendment to various sections of Chapter 17.78Acoessory Dwelling Units ofTitle 17, "Zoning", of the Foster City Municipal Code as referenced above including any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the "Record").

NOW, THEREFORE BE IT RESOLVED that the Planning Commission, based on facts and analysis in the staff report, written and oral testimony, and exhibits presented, finds that:

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

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

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

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

BE IT FURTHER RESOLVED that the Planning Commission of the City of Foster City does hereby recommends that the City Council adopt an ordinance repealing and replacing Sections 17.78.060, 17.78.090, and 17.78.100 within Chapter 17.78 Accessory Dwelling Units in their entirety, contained in Exhibit A, attached hereto and incorporated herein and finding the amendments exempt from the California Environmental QualityAct.

6.3 Attachment 5 - Planning Commission Resolution P-16-24 with redlines

566

PASSED AND ADOPTED as a Resolution by the Planning Commission of the City of Foster City at a Regular Meeting thereof held on July 3, 2024, by the following vote:

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

ABSTAIN, COMMISSIONERS:

ABSENT, COMMISSIONERS:

Nicolas Haddad (Jul 10, 2024 00:21 PDT)

NICOLAS HADDAD, CHAIR
ATTEST:

S-f

SOFIA MANGALAM, SECRETARY

6.3 Attachment 5 - Planning Commission Resolution P-16-24 with redlines

567

EXHIBITA
Chapter 17.78

ACCESSORY DWELLING UNITS

17.78.060 Standards applicable to single-family residence zoning districts.

The following shall apply to single-family lots in R-I, R-2 and R-I/PD zoning districts:

A. Number of Units. A single-family lot with a primary dwelling unit may have:

1. Option 1. One JADLI (up to 500 SF); or

2. Option 2. One ADU (conversion, attached, or detached); or

3. Option 3
a. One (1) JADU (up to 500 SF); and,
b. One (1) conversionADU; and,
c. One (1) newly constructed ADU (up to 800 SF).

4. Option 4
a. One (1) JADU (up to 500 SF); and,
b. One (1) newly constructed ADU over 800 square feet

5. Option 5
a. One (1) JADU (up to 500 SF); and
b. One (1) conversionADU.

B. JuniorAccessory Dwelling Units.

1. The number of JADUs shall be limited to one (1) unit per residential lot zoned for single-family residences that includes a proposed or existing single-family residence.

3. The owner must record a deed restriction as outlined in Government Code Section , which shall run with the land, and shall include the following:

6.3 Attachment 5 - Planning Commission Resolution P-16-24 with redlines

568

a. A prohibition on the sale of the JADU separate from the sale of the single- family residence, including a statement that the deed restriction may be enforced against future purchasers.
b. A restriction on the size and attributes of the JADU that conforms with this chapter.
c. If a JADU is rented, the unit shall not be rented for a period of less than thirty consecutive calendar days.

4. A JADU shall be constructed within the walls of the proposed or existing single- family residence, including attached garages.

C. Attached ADUs. One attached ADU per single-family lot is permitted, subject to the following requirements:

2. Location. Attached ADUs shall not be located in the front yard unless development of an eight hundred (800 sq. ft.) square footADU is otherwise infeasible.

3. Setbacks. The side and rear setbacks shall be no less than four (4) feet.

D. Detached AD(Js. One newly constructed detached ADU per single-family lot is permitted, subject to the following requirements:

6.3 Attachment 5 - Planning Commission Resolution P-16-24 with redlines

569

1. Size. The total floor area of a detached ADU shall not exceed one thousand two hundred (1,200) square feet or fifty (50) percent of the existing or proposed primary dwelling, whichever is less.

2. Location. Detached ADUs shall not be located in the front yard unless development of an eight hundred (800 sq. ff.) square footADU is otherwise infeasible.

3. Setbacks.
a. The side and rear setbacks shall be no less than four feet. b. The separation between the detached ADU and the primary dwelling shall be as per California Residential Code.

4. Height. A detached ADU shall not exceed sixteen (16) feet in height, except in the following cases:
a. A height of eighteen (18) feet is permitted when an ADU is located within one- half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in this code section; and, and additional two (2) feet of height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

E. Conversion ADUs. One conversion ADU per single-family lot is permitted, subject to the following requirements:

1. Setbacks. No setbacks shall be required forADU conversions located within the existing living area or an existing accessory structure, or an ADU that replaces an existing structure and is located in the same location and to the same dimensions as the structure being replaced. A legal accessory building (including a detached garage) may be converted into an ADU provided the side and rear setbacks are sufficient for fire safety.

Notwithstanding the provisions of this section, conversion ADUs shall provide sufficient side and rear setbacks for fire safety.

2. Height. A conversion ADU shall not alter the height of the existing structure (single-family dwelling, accessory building, or garage) that is being converted.

F. Additional Requirements.

6.3 Attachment 5 - Planning Commission Resolution P-16-24 with redlines

570

1. All JADLIs and ADUs shall provide exterior access that is separate from the proposed or existing single-family dwelling.

17.78.090 Permit process.

A. Unless otherwise specified in subsection D, pursuant to Government Code Section 6566317 mandating ministerial approval of JADUs and ADUs if all of the applicable standards are met, the chief building official or his/her designee shall approve the JADU and ADU permit within sixty (60) days of the complete application being submitted. If the ADU or JADU is proposed as part of a new or remodeled primary residence, the sixty (60) day timeline shall not commence until the primary residence is permitted. The City may review and approve the ADU or JADU in conjunction with the new or remodeled primary residence, but the application to create the ADU or JADU shall be considered without discretionary review or hearing.

C. A demolition permit for a detached garage that is to be replaced with an ADU must be reviewed with the application for the ADU and issued at the same time.

D. In conformance with Government Code section 65852.27, the City shall, by resolution, adopt a proqram for the preapproval of desiqns for ADUs, which may be amended from time to time. Any application for an ADU utilizing a design plan for ADUs that has been preapproved pursuant to that proqram shall be approved or denied within thirty days.

1. The City shall also review accessory dwellinq unit plan submissions for preapproval upon an application for such a request and payment of the applicable fee. The City shall approve or deny the preapproval applications, as specified.

17.78.100 0ther provisions.

A. Unless exempt from the owner-occupancy requirement per subsection B of this section, prior to obtaining a building permit for an ADU, a deed restriction, approved by the city attorney, shall be recorded with the county recorder's office, which shall include the pertinent restrictions and limitations of an ADU identified in this section including but not limited to: prohibition of the sale of the ADU separate from the sale of the single-family residence; restrictions on the size and attributes of the ADU; and

6.3 Attachment 5 - Planning Commission Resolution P-16-24 with redlines

571

prohibitions on rentals less than thirty consecutive days. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns.

C. Delay in Enforcement of Unpermitted ADUs. For any unpermitted or substandard ADU built before January 1, 2020, upon an owner's request, the city's chief building official shall delay enforcing any building standards if the building official determines that the unpermitted ADU meets health and safety standards. This provision shall sunset on January 1, 2030; however, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay.

D. AnyADUmaybeleasedforaperiodnotfewerthanthirtyconsecutivedays.

E. Fire flow and fire department access must comply with the California Fire Code as amended by the San Mateo consolidated fire department, or an alternate means shall be proposed.

F. Fire Sprinklers.

1. An ADLJ shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection

2. The construction of an ADU shall not trigger a requirement of fire sprinklers to be installed in the existing primary dwelling.

G. ADUs that are seven hundred fiffy square feet or smaller are exempt from impact fees.

J. Any properties with ADUs built or developed by a nonprofit corporation may qualify to be sold or conveyed separately from the primary residence, pursuant to California

6.3 Attachment 5 - Planning Commission Resolution P-16-24 with redlines

572

Government Code Section 666341. Aqualified nonprofit corporation is a nonprofit corporation which is organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.

6.3 Attachment 5 - Planning Commission Resolution P-16-24 with redlines

573

Existing Regulations for extensions for Cities withing San Mateo County City Number
of
extensions
Total time
for
extensions
Approving
Authority
Findings Fees Additional
Conditions
and/or
Remarks
Belmont 1 One-year Original
approving
body
Y $845
Burlingame 1 One-year Director Y $917
San Bruno 2 Two-years
for each
extension
Director /
Planning
Commission
Y $1,204
(first)

$1,907
(second)
The director
may approve
the first
extension.

Second
extension to
be approved
by Planning
Commission
San Carlos 1 Two-years Zoning
Administrator
N $1,257
San Mateo 1 Two-years Zoning
Administrator
Y $3,000
Deposit

South San
Francisco
3 One-year Chief
Planner
Y $2,793
Menlo Park 1 One-year Director N $438
Millbrae Not
specified
Not specified Planning
Commission
or City
Council
Y $791.87
(Admin.)

$2,638.88
(Disc.)

Redwood
City
1 One-year Director Y $108 Director may
require a
public
hearing if
deemed
necessary

6.3 Attachment 6 - Extensions for other cities within San Mateo County

574

6 9
7 DATE: August 5, 2024

TO: President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, District Manager
Marlene Subhashini, Assistant District Manager

FROM: Andrew Brozyna, Public Works Director
DEPARTMENT: Public Works
SUBJECT: AMENDMENTS TO WATER NEUTRALITY GROWTH

ORDINANCE

RECOMMENDATION
It is recommended that the Board of Directors of the Estero Municipal Improvement District (EMID) open the public hearing and receive comments, and introduce by title only, waive further reading, and adopt an Ordinance amending Chapter 8.90, Water Neutrality Growth within Title 8, Water and Sewer Service of the EMID Code to make amendments relating to water conservation offset credit to allow applicants to receive credit for water conservation measures undertaken prior to project application submission and other various clarifying revisions and finding the approval of the Ordinance exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15307.

EXECUTIVE SUMMARY
On May 1, 2023, EMID Board approved Ordinance No. 138 adding Chapter 8.90, Water Neutrality Growth within Title 8, Water and Sewer Service of the EMID Code, to manage EMID’s potable water supply in the short and long term and minimize the effects of drought and water shortage within the EMID service area.

The proposed amendment adds provisions that will encourage developers to complete water conservation measures as soon as possible, rather than waiting until they are ready

6.4 6.4 Staff Report

575

6 9
7 to submit an application for a project. Additional amended language clarifies and further defines other aspects of the ordinance.

BACKGROUND
The City of Foster City prepared a Water Capacity Study (WCS) as part of the 2023-31 Housing Element Update. The WCS concluded that EMID’s water supplies will be insufficient during single-dry and multiple dry water years to meet the future housing units planned for in the Housing Element Update. Per Water Code Section 10911, EMID reviewed this projected water supply insufficiency and considered the adoption of the Water Neutrality Ordinance to help ensure that new water demand is not created as a result of new development or redevelopment.

At the March 20, 2023 meeting, the EMID Board of Directors reviewed the draft Water Neutrality Growth framework and provided direction to staff to consider not penalizing the property owners/development(s) who are undertaking water conservation efforts at their project sites to achieve water neutrality. The direction was applied in the final ordinance, which was adopted on May 1, 2023, and went into effect July 1, 2023.

The Ordinance requires water neutrality to be demonstrated through quantitative water analysis of the project based on the following methodology:

1. Applicant requests the baseline water demand (i.e. water used by the project site, calculated as a 5 -year average) from EMID.

2. Calculate indoor and outdoor water allocations for the existing project site based on occupancy type. A project site with a 5-year average water demand less than the allocation will receive water conservation credit toward new water demand.

3. Calculate projected water demand for the proposed project.

4. Establish new water demand/water offset requirements using the following formula: New Water Demand = Projected Water Demand – (Baseline Water Demand + Water Conservation Credit).

The new water demand establishes the water offset requirement for the project. The applicant is required to offset the new water demand using on-site and/or off-site water conservation measures within the EMID service area (Foster City and the Mariners Island area of the City of San Mateo.)

The Ordinance provides certain exceptions, including projects with executed Development Agreements that identify a mandatory allocated water supply from EMID, projects for single family residential dwelling units, projects for single family ADUs (accessory dwelling units), and certain Tenant Improvements such as those that do not result in construction of new square footage or change in use that requires Planning Commission and/or City Council discretionary actions.

6.4 6.4 Staff Report

576

6 9
7 ANALYSIS
As the ordinance has been implemented over the last year, several recommended amendments and clarifications were noted to be necessary by staff as outlined below.

Expand Water Offset Credit to Include Measures Performed Off Site Prior to Project Application (8.90.080 C)
The EMID Board provided direction to consider not penalizing property owners/developer(s) who are undertaking water conservation efforts at their project sites to achieve water neutrality. This direction was implemented via the inclusion of a water conservation credit to be applied to a project site if its 5- year average water demand is less than what is expected of a site of similar size and use.

Currently, if an owner/developer performs a water conservation measure at a different site within the EMID service area prior to submitting an application for a project, they would not receive an offset credit. However, the ordinance allows offset credits for measures performed anywhere within the EMID service area when performed as part of the project application. The unintended consequence of this language may be that an owner/developer does not complete water conservation measures or waits to complete water conservation measures until the credit from the measure can be applied to a specific project, instead of completing the measures as soon as possible so water savings can be realized as soon as possible.

The proposed amendment to section 8.90.080 amends the requirements for identifying the water offset measures to consider conservation measures enacted after the Ordinance went into effect on July 1, 2023 and up to 5 years prior to the submission of a project application, whichever is most recent. It would further the concept of not penalizing the property owner/developer(s) who wish to undertake conservation efforts by encouraging conservation measures to be completed on or off site as soon as possible, and allowing owners/developers to use water offset credits from those measures for future projects.

For example, a property owner/developer could perform water conservation measures on Site A today and decrease the water use in the EMID service area. If they decide to redevelop Site B within 5 years, they can apply the savings from Site A to offset the new water demand used in Site B.

Various Administrative Clarifications
Redefining “Active Meter” 8.90.050 A, “Inactive Meter” 8.90.050 H, and adding a Definition for “Partially Active Meter” 8.90.050
The baseline water demand for a project site is provided by EMID using meter information for the site. This change is intended to clarify the difference between active and inactive meters. The original definition allowed for the possibility that a site that had 12 months of water use, but also 12 months of no water use in the last five years could be both active and inactive, and it was not clear which definition to use in that case. The proposed

6.4 6.4 Staff Report

577

6 9
7 definition clarifies that an active meter registers quantifiable volume for each month of the five years prior to the project application, and an inactive meter registers no water in any month of the five years prior to the project application. This change also adds a definition for partially active meter. A partially active meter addresses the potential for those project sites that are vacant, but still registers a nominal volume of water use, for example, janitorial use or landscaping, and for sites that were inactive for a portion of the 5 year water demand period. The clarification of the three meter definitions allows for more clear application of the ordinance to potential meter situations for which EMID will provide the baseline demand.

Clarifying “New Water Demand” 8.90.050 K
This is a clarification of the formula Projected water demand – (baseline water demand + water conservation credit) = new water demand, as the narrative explanation inadvertently reversed the formula.

Clarifying “Water Conservation Credit” 8.90.050 U
This change is intended to clarify that the water conservation credit, as used in the formula to determine whether a site can get credit for efficient use, can only be applied to the actual project site use only. “Water Conservation Credit” refers to credit for the water conservation effort made on the site by comparing actual project site use to the water allocation for the project site.

Clarifying “Baseline Water Demand” 8.90.070 A.2
The current definition states that if there is no EMID meter serving the project site, then then no baseline water demand will be provided. This change is intended to clarify that if there is no EMID water meter serving the site, the baseline water demand will be zero.

Clarifying “Establish New Water Demand and Water Offset Requirement” 8.90.070 D.2 This change is intended to clarify that if the project site does not have an offset requirement per the calculations, the site will be monitored similarly to sites that do have an offset requirement to ensure no new water demand is created.

Clarifying “Penalties and Enforcement” 8.90.130 C
This change is intended to clarify that EMID will monitor the site to determine if the project exceeded the projected water demand or baseline demand if the new water demand is zero, and/or that the project did not meet the water offset amount. The current language addresses monitoring the projected water demand only. The additional clarification allows for a mechanism and flexibility for monitoring off set measures performed off site as well as on site, and monitoring a site that is not expected to have a new water demand.

EMID has been and will continue to coordinate with the San Francisco Public Utilities Commission (SFPUC), and Bay Area Water Supply & Conservation Agency (BAWSCA) to implement water demand management measures to address supply shortfalls by reducing existing potable demand and exploring opportunities to create water sources.

EMID will update its Urban Water Management Plan and Water Shortage Contingency

6.4 6.4 Staff Report

578

6 9
7 Plan in 2025, and will continue to evaluate water resource planning strategies and to invest in and implement ongoing and long-term demand management measures.

CEQA
This Ordinance is not subject to review under CEQA pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), Section 15307 (Class 7), because this is an action by a regulatory agency authorized by state law to assure the protection of natural resources to ensure that efforts are taken to address the shortage at a project level as the City continues to explore ways to maintain and increase supply.

FISCAL IMPACT
A fee has been adopted and included in the FY 2024-2025 Master Fees and Service Charges Schedule to cover the costs of administering and implementing Chapter 8.90.

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

Attachment 1 – EMID Ordinance
Attachment 2 – Estero Municipal Improvement District Code Chapter 8.90 Redline

6.4 6.4 Staff Report

579

2 4
0 1
ORDINANCE NO. __________

AN ORDINANCE OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT BOARD OF DIRECTORS AMENDING CHAPTER 8.90, WATER NEUTRALITY GROWTH, WITHIN TITLE 8, WATER AND SEWER SERVICE, OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT CODE AND FINDING THE APPROVAL OF THE

ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GUIDELINE SECTION 15307

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, a reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the Estero Municipal Improvement District (EMID); and

WHEREAS, EMID contracts for water from the San Francisco Public Utility Commission (SFPUC) Regional Water System (RWS) as a contractual member of the Bay Area Water Supply and Conservation Agency (BAWSCA); and WHEREAS, the City of Foster City prepared a Program Environmental Impact Report (EIR) for the 2023-31 Housing Element Update in accordance with California Environmental Quality Act (CEQA), implementing the CEQA Guidelines, relevant case law, and City procedures, and a Water Capacity Study (WCS) and Water Supply Assessment (WSA) has been completed as part of that EIR process; and WHEREAS, the WSA and associated reports found there is not sufficient water supplies (per Government Code 664737.7(a)(2)) available to serve the 2023-31 Housing Element on one dry year and multiple dry years within a 20-year projection for the full buildout of the capacity identified in the Housing Element Update 2023-1 project; and WHEREAS, the EMID Board of Directors adopted Ordinance No. 138 Water Neutrality Growth Policy on May 1, 2023 and minimize the effects of drought and shortage within the EMID service area; and
WHEREAS, the Water Neutrality Growth Policy Ordinance is intended to encourage the implementation of water conservation measures to assist with overall water supply reliability and conservation in the EMID service area; and WHEREAS, through implementation of the Water Neutrality Growth Policy, EMID staff has identified various provisions of District Code Chapter 8.90 that could be strengthened to ensure the overall effectiveness of the Water Neutrality Growth Policy and EMID staff has identified various terms and provisions that should be clarified or corrected; and
WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for

6.4 Attachment 1 - EMID Ordinance

580

2 4
0 1
consideration at the EMID Board of Directors meeting on August 5, 2024, including as required by Government Code Sections 65856 and 65090, the Notice contained the information required by Government Code Section 65094, and was published in compliance with Government Code Section 6061 on July 24, 2024 and July 31, 2024 in the Foster City Islander, a newspaper of general circulation with the City of Foster City; and, on said date, the Public Hearing was opened, held and closed; and WHEREAS, the EMID Board of Directors carefully reviewed and considered the staff report and all attachments thereto presented as part of the agenda for the public hearing regarding the proposed ordinance to amend Chapter 8.90 to the EMID Code and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”).

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT AS FOLLOWS:

Section 1. Amendment. Chapter 8.90 of the EMID Code is hereby amended in Title 8, Water and Sewer Service, to be repealed and replaced in its entirety to read as follows:
“Chapter 8.90

WATER NEUTRALITY GROWTH

8.90.010 Title.

The ordinance codified in this Chapter shall be known and may be cited as the “Estero Municipal Improvement District (EMID) Water Neutrality Growth Ordinance.”

8.90.020 Purpose.

This Chapter is adopted in light of the following facts and circumstances, which are hereby found and declared by the District Board:

A. A reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the Estero Municipal Improvement District (EMID).

B. EMID contracts for water from the San Francisco Public Utility Commission (SFPUC) Regional Water System (RWS) as a contractual member of the Bay Area Water Supply and Conservation Agency (BAWSCA). This contracted supply of water has been documented in the Estero Municipal Improvement District’s 2020 Urban Water Management Plan (UWMP) as insufficient to meet the additional demands of new development without offset during drought years.

6.4 Attachment 1 - EMID Ordinance

581

2 4
0 1
C. Supply sufficiency is required to continue to add new development that exceeds existing water demand. Any new development under these conditions that would increase the demand on EMID’s water supply increases risk to the public health, safety, and general welfare should water use exceed the existing historical water demand.

D. In order to ensure the availability of water for residential, commercial, and other purposes, for present as well as for future use, it is necessary that the increase in water usage in the areas defined herein be managed to the most efficient extent practicable.

E. The adoption and enforcement of this Chapter is necessary to manage the EMID’s potable water supply in the short and long term and to avoid or minimize the effects of drought and shortage within the EMID service area.

F. EMID has the power to perform all acts necessary to carry out fully the provisions of Water Code Section 31001, may establish rules and regulations for the distribution and use of water supplies (Water Code Section 31024), may adopt and enforce a comprehensive water conservation program to reduce potable water consumption and conserve supplies (Water Code Section 375), and may require as a condition of new service that reasonable water-saving devices and water reclamation devices be installed to reduce water use (Water Code Section 31035).

8.90.030 Applicability.

A. The provisions of this Chapter shall apply to projects submitted on or after July 1, 2023, within the EMID service area that will require a new water service from EMID or will increase water demand on the project site above the baseline water demand.

8.90.040 Exemptions.

A. The provisions of this Chapter shall not apply to:

1. Projects with executed Development Agreements as of July 1, 2023, that identify a mandatory allocated water supply from EMID.

2. Projects for Single family residential dwelling units.

3. Projects for Single family accessory dwelling units (ADU).

4. Projects for which planning entitlements were Approved by the City of Foster City prior to July 1, 2023.

5. Tenant improvements that are not a project or do not result in construction of new square footage or change in use that requires City of Foster City Planning Commission and/or City Council discretionary permits.

8.90.050 Definitions.

A. “Active meter” – EMID water meter that is installed at the project site and serving the project site and registers some quantifiable volume for each month of the five

6.4 Attachment 1 - EMID Ordinance

582

2 4
0 1
years prior to the date the application is filed for the proposed project.

B. “Applicant” – The person making application for a project defined under this Chapter.

C. “Baseline Water Demand” – The historic five-year average annual water demand of the project site in Acre Feet per Year (AFY) or Gallons per Year (GPY) as determined by whether the project site has been served by an active, partially active, or inactive EMID water meter.

D. “Change in use” – New proposed building or land uses that replace the existing uses on the project site.

E. “Customer” – Any person receiving services from and therefore obligated to make payments to the EMID for those services.

F. “Development” – New structure(s) or building(s) with indoor plumbing fixtures.

G. “Director” - The EMID Public Works Director or their designee(s).

H. “Inactive meter” – an EMID water meter that is installed at the project site and is available to serve the project site, however, no water has registered from the water meter serving the project site in any month of the five years prior to the date the application is filed for the proposed project
I. “Indoor water allocation” – The indoor water allocation for existing residential developments on the project site will be calculated by multiplying the person per unit occupancy value and the gallons per capita per day (GPCD) provided by EMID. For the basis of indoor use for existing non-residential developments on the project site, the applicant will adhere to the Director’s approved technical implementation guide or other applicable application guidelines that address the unique, site-specific characteristics of the existing project site.

J. “Manager” the EMID Manager or their designee(s).

K. “New water demand” – The net volume of annual water demand that is equal to the offset requirement in AFY or GPY, for a proposed project calculated by subtracting the project site baseline water demand plus any water conservation credit from the projected water demand (Projected water demand – (baseline water demand + water conservation credit) = new water demand).

L. “Offset credit” – The amount of potable water, in AFY or GPY, that will be saved by a water offset measure that may be approved by the Director.

M. “Outdoor water allocation” – The outdoor water allocation for existing landscape areas on the project site will be calculated using the maximum applied water allowance (MAWA) formula listed in EMID Code 8.80.090.F.

6.4 Attachment 1 - EMID Ordinance

583

2 4
0 1
N. “Owner” – The person owning the fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the county recorder’s office, or the person in possession of the property or buildings under claim of, or exercising acts of ownership over same for himself/herself, or as executor, administrator, guardian or trustee of the owner, or the record holder of a leasehold interest whose term extends for twenty years or more from its date of commencement.

O. “ Partially Active Meter” an EMID water meter serving the project site that has registered water for less than all months in the five years prior to the date the application is filed for proposed project or the volume registered has been deemed low enough, as determined by the Director, to indicate a likely vacant or unoccupied site for any period, including and up to all five years prior to the date the first application is filed.

P. “Potable water” – Water sold by the Estero Municipal Improvement District intended for human consumption that meets all public health and safety regulations.

Q. “Project” – New development, redevelopment, or change in use as defined by this Chapter.

R. “Project site” – All lot(s) or parcels(s), including the building(s) and structure(s) on those lot(s) or parcel(s), as part of the project application.

S. “Projected water demand” – The total amount of projected potable water demand, in AFY or GPY, for a proposed project once construction is completed and excluding temporary demands such as for the establishment of new landscaping.

T. “Redevelopment” – Any development that constructs new buildings, structures, with indoor plumbing features on the project site where previous or current building or structures exist.

U. “Water conservation credit” – the sum of the indoor and outdoor water allocations minus the baseline water demand for actual project site use only, in Acre Feet per Year (AFY) or Gallons per Year (GPY)
V. “Water neutral development” - Offsetting the projected water demand of proposed projects with on-site and off-site water offset measures to create no additional demand on overall service area demands.

W. “Water offset measures” – Strategies and/or measures that can be implemented and/or installed on the project site or within the EMID service area.

8.90.060 Water neutrality growth ordinance requirements.

6.4 Attachment 1 - EMID Ordinance

584

2 4
0 1
measures to neutralize and/or reduce the impact on overall service area demands as amended in the current or any future revised versions of the BAWSCA Drought Regional Implementation Plan (which determines the SFPUC contract allocations under water shortage conditions as applicable to EMID) in a manner consistent with this chapter.

8.90.070 Determining the offset amount.

The Director shall determine the water offset measures by doing the following:

A. Baseline water demand.

1. EMID will provide the applicant with the baseline water demand for the project site based on whether the project site has been served by an active, inactive, or partially active EMID water meter as specified in the EMID technical guidance

2. If there is no EMID meter serving the project site, then the baseline water demand will be zero and no water conservation credit shall be applied. .

B. Calculate water conservation credit based on EMID technical guidance.

1. Calculate and sum the indoor and outdoor water allocations for the project site.

2. If the project site’s baseline water demand is less than the sum of the indoor and outdoor water allocations, the applicant shall be given a water conservation credit when calculating the project’s new water demand.

3. If the project site’s baseline water demand exceeds the sum of the indoor and outdoor water allocations, the applicant shall be given no water conservation credit.

C. Calculate projected water demand based on EMID technical guidance.

1. Projected water demand shall be calculated by the applicant or a qualified professional for the proposed project using the technical guidance provided by EMID.

2. The Director shall review the applicant’s projected water demand and may approve the projection if found to be accurate.

3. If the Director finds the applicant’s projection to be incomplete, inaccurate, or otherwise erroneous, the application shall be denied and returned to the applicant with an explanation of the denial.

D. Establish new water demand and water offset requirement.

1. New water demand for the proposed project shall be calculated using the following formula:

6.4 Attachment 1 - EMID Ordinance

585

2 4
0 1
a. Projected water demand – (baseline water demand + water conservation credit) = new water demand.

2. If the Director determines that the proposed project will not result in a new water demand, the Director shall provide a notice to the applicant of their determination. If the New Water Demand is a negative number or zero, EMID will monitor the site according to Section 8.90.120 to ensure that the project does not exceed the calculated baseline water demand.

8.90.080 Identifying the water offset measures and offset credit.

A. The applicant shall identify water offset measures to offset the new water demand determined by the Director using the formula in Section 8.90.070.D.

B. The water offset measures must be implemented on the project site and/or within the EMID service area.

C. An applicant may request an offset credit for measures performed on or off the project site up to five years prior to submission of a project application, or July 1, 2023, whichever is most recent.

D. The offset credit for water offset measures shall be calculated by a licensed engineer or landscape architect using the methods and factors provided in EMID’s technical guidance. The Director shall make the final determination on the actual total amount of offset credits that may be applied.

E. The Director shall deny any application where they determine that the applicant has not identified water offset measures that will offset their new water demand in accordance with this Chapter and any administrative regulations and/or technical guide necessary to implement this Chapter that may be adopted or amended from time to time.

8.90.090 Implementing regulations.

A. The Director shall adopt written administrative regulations and/or a publicly available technical guide that are consistent with and that further the terms and requirements set forth in this Chapter.

8.90.100 Compliance.

A. All water offset measures necessary to meet the new water demand determined by the Director per section 8.90.070.D must be installed and demonstrated to be operational per product specifications prior to occupancy unless an alternative completion time is approved by the Director prior to the deadline.

6.4 Attachment 1 - EMID Ordinance

586

2 4
0 1

8.90.110 Verification.

A. Upon completion of all water offset measures necessary to meet the new water demand, the applicant shall submit the appropriate verification documentation to the Director.

B. The Director has the authority to verify that water offset measures were completed.

Inspections may occur before, during, and after the implementation of water offset measures.

8.90.120 Monitoring.

EMID shall monitor and record the water usage of the project site annually for 5 years after issuance of the final certificate of occupancy.

8.90.130 Penalties and enforcement.

A. EMID may establish and administer penalties for noncompliance with this Chapter to the extent permitted by law.

B. It is unlawful for any EMID customers and/or owner(s) of properties subject to the requirements of this Chapter to fail to comply or to alter or replace the water offset measures required by this Chapter with other noncompliant water offset measures after the completion of construction. Whenever the Director determines that a violation of this Chapter has occurred, the Director may serve a notice of correction on the owner(s) of the property on which the violation is situated. The owner(s) of record shall have ninety days to take corrective action.

C. If the water usage monitoring required by section 8.90.120 reveals that the project exceeded the projected water demand or baseline demand if the new water demand is zero and/or that the project did not meet the water offset amount, the Director shall send a warning to the EMID customer and/or property owner and take appropriate administrative action as necessary. Routine monitoring will be used to determine whether water usage by the project has been sufficiently reduced.

8.90.140 Modifications.

A. If, due to special circumstances, imposing a requirement of this Chapter would constitute an undue hardship, the applicant may request that the requirement be modified or waived. A request for a modification or waiver must be submitted in writing during the pendency of the application for the Project. In the request, the applicant shall provide the factual and/or legal basis for the request, including all supporting technical documentation.

B. The Director shall review the request at the same time as the application and grant, conditionally grant, or deny the request for a modification or waiver. The Director shall provide prompt written notice of the decision to the applicant. The Director’s decision

6.4 Attachment 1 - EMID Ordinance

587

2 4
0 1
is appealable pursuant to Section 8.90.150.

8.90.150 Appeals.

A. The applicant may appeal the numerical calculations used in accordance with this Chapter, including the amount of any offset required to the Manager.

B. All appeals shall be in writing and filed with the Manager within ten (10) days of the decision. The Manager shall review the appeal and provide prompt written notice of the decision, which may include a modification, to the appellant and those who have requested notice. The decision of the Manager may be appealed to the EMID Board of Directors within ten (10) days of the decision. If no appeal is filed within ten (10) days, the decision of the Manager will be final and shall be promptly provided in writing to the appellant and those who have requested notice.

8.90.160 Administrative fee.

A. An administrative fee shall be assessed and paid to EMID by the applicant at the time of the application is filed. The administrative fee shall be imposed to cover the cost of administering and implementing the water offset requirements of this Chapter and shall be set by EMID Board of Directors resolution and may be amended from time to time.

Section 2. CEQA. This Ordinance is not subject to review under CEQA pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal.

Code Regs. §§ 15000 et. seq.) Section 15307 (Class 7), because this is an action by a regulatory agency authorized by state law to assure the protection of natural resources.

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 District Board 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 District Secretary shall have it posted in three (3) public places designated by the District Board.

6.4 Attachment 1 - EMID Ordinance

588

2 4
0 1
This Ordinance was introduced, read, passed and adopted on the 5 th day of August, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.4 Attachment 1 - EMID Ordinance

589

Chapter 8.90

WATER NEUTRALITY GROWTH

8.90.010 Title.

The ordinance codified in this Chapter shall be known and may be cited as the “Estero Municipal Improvement District (EMID) Water Neutrality Growth Ordinance.”

8.90.020 Purpose.

This Chapter is adopted in light of the following facts and circumstances, which are hereby found and declared by the District Board:

A. A reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the Estero Municipal Improvement District (EMID).

B. EMID contracts for water from the San Francisco Public Utility Commission (SFPUC) Regional Water System (RWS) as a contractual member of the Bay Area Water Supply and Conservation Agency (BAW SCA). This contracted supply of water has been documented in the Estero Municipal Improvement District’s 2020 Urban Water Management Plan (UWMP) as in sufficient to meet the additional demands of new development without offset during drought years.

C. Supply sufficiency is required to c ontinue to add new devel opment that exceeds existing water demand. Any new development under these conditions that would increase the demand on EMID’s water supply increases risk to the public health, safety, and general welfare should water use exceed the existing historical water demand.

D. In order to ensure the av ailability of water for residential, commercial, and other purposes, for present as well as for future use, it is necessary that the increase in water usage in the areas defined herein be managed to the most efficient extent practicable.

F. EMID has the power to perform all acts nec essary to carry out fully the provisions of Water Code Section 31001, may est ablish rules and regulations for the distribution and use of water supplies (Water Code Section 31024), may adopt and enforce a comprehensive water conserva tion program to reduce potable water consumption and conserve supplies (Water Code Section 375) , and may require as a condition of new service that reasonable water-saving devices and water

6.4 Attachment 2 - Estero Municipal Improvement District Code Chapter 8.90 Redline

590

reclamation devices be installed to reduce water use (Water Code Section 31035).

8.90.030 Applicability.

A. The provisions of this C hapter shall apply to projects submitted on or after July 1, 2023, within the EMID service area that will require a new water service from EMID or will increase water demand on the project site above the baseline water demand.

8.90.040 Exemptions.

A. The provisions of this Chapter shall not apply to:

1. Projects with executed Development Agreements as of July 1, 2023, the effective date of this ordinance that identify a mandatory allocated water supply from EMID.

2. Projects for Single family residential dwelling units.

3. Projects for Single family accessory dwelling units (ADU).

4. Projects for which planni ng entitlements were Approved by the City of Foster City prior to July 1, 2023. the effective date of this ordinance.

5. Tenant improvements that ar e not a project or do not result in construction of new square footage or change in use that re quires City of Foster City Planning Commission and/or City Council discretionary permits.

8.90.050 Definitions.

A. “Active meter” – means when water has been supplied through an EMID water meter serving the project site for at least twelve consecutive months within the five years prior to the date the first applicati on is filed, the baseline water demand will be equivalent to the average annual water use over th e previous five years from the date the project is submitted. EMID water meter that is installed at the project site and serving the project site and regist ers some quantifiable volume for each month of the five years prio r to the date the application is filed for the proposed project.

B. “Applicant” – The person making applicat ion for a project defined under this Chapter.

D. “Change in use” – New propos ed building or land uses t hat replace the existing uses on the project site.

E. “Customer” – Any person receiving services from and therefore obligated to make payments to the EMID for those services.

6.4 Attachment 2 - Estero Municipal Improvement District Code Chapter 8.90 Redline

591

F. “Development” – New structure(s) or building(s) with indoor plumbing fixtures.

G. “Director” - The EMID Public Works Director or their designee(s).

H. “Inactive meter” – means when water supply through an EMID water meter is available to serve the project site, however, no water has registered from the water meter serving the project site for twelve consecutive months in the five years prior to the date the first application is filed for the proposed project, the baseline water demand will be the five-year annual average water use of properties in the same customer class as the project site’s existing use or previously existing use with the same water meter size, or as alternatively defined in the EMID technical guidance. an EMID water meter that is installed at the project site and is available to serve the project site, however, no water has registered from the water meter serving the project site in any month of the five years prior to the date the application is filed for the proposed project
I. “Indoor water allocation” – The indoor water allocation for existing residential developments on the project site will be ca lculated by multiplying the person per unit occupancy value and the gallons per capita per day (GPCD) provided by EMID. For the basis of indoor use for existing non-residential developments on the project site, the applicant will adhere to the Director’s approved technical implementation guide or other applicable application guidelines that address the unique, site-specific characteristics of the existing project site.

J. “Manager” the EMID Manager or their designee(s).

K. “New water demand” – means the net increase in annual water demand, in AFY or GPY, for a proposed proj ect calculated by subtract ing the proposed project’s projected water demand from the basel ine water demand plus any water conservation credit. The net volume of annual water demand that is equal to the offset requirement in AFY or GPY, for a proposed project calculated by subtracting the project site baseline water demand plus any water conservation credit from the projected water demand (Projected wa ter demand – (baseline water demand + water conservation credit) = new water demand).

L. “Offset credit” – The amount of potable water, in AFY or GPY, that will be saved by an approved a water offset measure that may be approved by the Director.“ M. “Outdoor water allocation” – The outdoor water allocation for existing landscape areas on the project site will be calculated using the maximum applied water allowance (MAWA) formula listed in EMID Code 8.80.090.F.

N. “Owner” – The person owning the fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the county recorder’s office, or the person in possession of the property or buildings under claim of, or exercising acts of ownership over same for himsel f/herself, or as executor, administrator, guardian or trustee of the owner, or the record holder of a leasehold interest whose term extends for twenty years or more from its date of commencement.

6.4 Attachment 2 - Estero Municipal Improvement District Code Chapter 8.90 Redline

592

N.O. “ Partially Active Meter” an EMID water meter serving the project site that has registered water for less than all months in the five years prior to the date the application is filed for proposed project or the volume registered has been deemed low enough, as determined by the Director, to indicate a likely vacant or unoccupied site for any period, including and up to all five years prior to the date the first application is filed.

O.P. “Potable water” – Water sold by the Es tero Municipal Improvement District intended for human consumption that m eets all public health and safety regulations.

P.Q. “Project” – New development, redevelopment, or change in use as defined by this Chapter.

Q.R. “Project site” – All lot(s) or parcels(s), including the building(s) and structure(s) on those lot(s) or parcel(s), as part of the project application.

R.S. “Projected water demand” – The total amount of projected potable water demand, in AFY or GPY, for a proposed pr oject once construction is completed and excluding temporary demands such as for the establishment of new landscaping.

S.T. “Redevelopment” – Any dev elopment that constructs new buildings, structures, with indoor plumbing features on the project site where previous or current building or structures exist.

T.U. “Water conservation credit” – means the difference between the baseline water demand and the sum of the indoor and ou tdoor water allocations, in acre feet per year (AFY) or gallons per year (GPY). the sum of the indoor and outdoor water allocations minus the baseline water demand for actual project site use only, in Acre Feet per Year (AFY) or Gallons per Year (GPY)
U.V. “Water neutral development” - Offsetti ng the projected water demand of proposed projects with on-site and off-site water offset measures to create no additional demand on overall service area demands.

V.W. “Water offset measures ” – Strategies and/or measures that can be implemented and/or installed on the project site or within the EMID service area.

8.90.060 Water neutrality growth ordinance requirements.

A. Any project within the EMID service area that will require new water service from EMID or will increase water demand on the project site above the baseline water demand shall offset the new or incr eased water demand with water offset measures to neutralize and/or reduce the impact on overall service area demands as amended in the current or any future revised versions of the BAWSCA Drought Regional Implementation Plan (which determines the SFPUC contract allocations

6.4 Attachment 2 - Estero Municipal Improvement District Code Chapter 8.90 Redline

593

under water shortage conditions as applicab le to EMID) in a manner consistent with this chapter.

8.90.070 Determining the offset amount.

The Director shall determine the water offset measures by doing the following:

A. Baseline water demand.

1. EMID will provide the applicant with t he baseline water demand for the project site based on whether the project site has been served by an active or , inactive, or partially active EMID water meter as specified in the EMID technical guidance.

2. I f there is no EMID meter serving the project site, then the baseline water demand will be zero and no water conservation credit shall be applied. If there is no EMID meter serving the project site, then no baseline water demand will be provided.

B. Calculate water conservation cr edit based on EMID technical guidance.

1. Calculate and sum the i ndoor and outdoor water allocations for the project site.

2. If the project site’s baseline water dem and is less than the sum of the indoor and outdoor water allocations, the applicant shall be given a water conservation credit when calculating the project’s new water demand.

3. If the project site’s baseline water demand exceeds the sum of the indoor and outdoor water allocations, the applicant shall be given no water conservation credit.

C. Calculate projected water demand based on EMID technical guidance.

1. Projected water demand shall be calcul ated by the applicant or a qualified professional for the proposed project usi ng the technical guid ance provided by EMID.

2. The Director shall review the applicant’s projected water demand and may approve the projection if found to be accurate.

3. If the Director finds the applicant’s proj ection to be incomplete, inaccurate, or otherwise erroneous, the application shall be denied and returned to the applicant with an explanation of the denial.

D. Establish new water demand and water offset requirement.

1. New water demand for the proposed proj ect shall be calculated using the following formula:
a. Projected water demand – (baseline water demand + water conservation credit) = new water demand.

6.4 Attachment 2 - Estero Municipal Improvement District Code Chapter 8.90 Redline

594

2. If the Director determines that the proposed project will not result in a new water demand, the Director shall provide a notice to the applicant of their determination. and no further action will be necessary. If the New Water Demand is a negative number or zero, EMID will monitor the site according to Section 8.90.120 to ensure that the project does not exceed the calculated baseline water demand.

8.90.080 Identifying the water offset measures and offset credit.

A. The applicant shall identify water offset measures to offset the new water demand determined by the Director using the formula in Section 8.90.070.D.

B. The water offset measures must be implemented on the project site and/or within the EMID service area.

B.C. An applicant may request an offset credit for measures performed on or off the project site up to five y ears prior to submission of a project application, or July 1, 2023, whichever is most recent.

C.E. The Director shall deny any applicat ion where they determine that the applicant has not identified wa ter offset measures that will offset their new water demand in accordance with this Chapter and any administrative regulations and/or technical guide necessary to implement this Chapter that may be adopted or amended from time to time.

8.90.090 Implementing regulations.

A. The Director shall adopt written administr ative regulations and/or a publicly available technical guide that are consistent with and that further the te rms and requirements set forth in this Chapter.

8.90.100 Compliance.

A. All water offset measures necessary to meet the new water demand determined by the Director per section 8.90.070.D must be installed and de monstrated to be operational per product specifications pr ior to occupancy unless an alternative completion time is approved by the Director prior to the deadline.

8.90.110 Verification.

A. Upon completion of all water offset m easures necessary to meet the new water

6.4 Attachment 2 - Estero Municipal Improvement District Code Chapter 8.90 Redline

595

demand, the applicant shall su bmit the appropriate verification documentation to the Director.

B. The Director has the authority to verify that water offset measures were completed.

Inspections may occur before, during, and a fter the implementation of water offset measures.

8.90.120 Monitoring.

EMID shall monitor and record the water us age of the project site annually for 5 years after issuance of the final certificate of occupancy.

8.90.130 Penalties and enforcement.

A. EMID may establish and administer penalties for noncompliance with this Chapter to the extent permitted by law.

B. It is unlawful for any EMID customers and/ or owner(s) of properties subject to the requirements of this Chapter to fail to comply or to alter or replace the water offset measures required by this Chapter with ot her noncompliant wate r offset measures after the completion of construction. Whenever the Director determines that a violation of this Chapter has occurred, the Director may serve a notice of correction on the owner(s) of the property on which the violation is situated. The owner(s) of record shall have ninety days to take corrective action.

C. If the water usage monitoring required by se ction 8.90.120 reveals that the project exceeded the projected water demand or baseline demand if the new water demand is zero, and/or that the project did not meet the water offset amount , the Director shall send a warning to the EMID cu stomer and/or property owner and take appropriate administrative acti on as necessary. Routine monitoring will be used to determine whether water usage by the project has been sufficiently reduced.

8.90.140 Modifications.

A. If, due to special circumstances, imposi ng a requirement of this Chapter would constitute an undue hardship, the applicant may request that th e requirement be modified or waived. A request for a modification or waiver must be submitted in writing during the pendency of the applic ation for the Project. In the request, the applicant shall provide the factual and/ or legal basis for the re quest, including all supporting technical documentation.

B. The Director shall review the request at t he same time as the application and grant, conditionally grant, or deny the request for a modification or waiver. The Director shall provide prompt written notice of the decision to the applicant. The Director’s decision is appealable pursuant to Section 8.90.150.

6.4 Attachment 2 - Estero Municipal Improvement District Code Chapter 8.90 Redline

596

8.90.150 Appeals.

A. The applicant may appeal the numerical ca lculations used in accordance with this Chapter, including the amount of any offset required to the Manager.

B. All appeals shall be in writing and filed with the Manager within ten (10) days of the decision. The Manager shall review the appeal and provide prompt written notice of the decision, which may include a modificati on, to the appellant and those who have requested notice. The decision of the M anager may be appealed to the EMID Board of Directors within ten (10) days of the de cision. If no appeal is filed within ten (10) days, the decision of the Manager will be final and shall be promptly provided in writing to the appellant and those who have requested notice.

8.90.160 Administrative fee.

A. An administrative fee shall be assessed and paid to EMID by the applicant at the time of the application is filed. The administrative fee shall be imposed to cover the cost of administering and implementing the water offs et requirements of this Chapter and shall be set by EMID Board of Directors resolution and may be amended from time to time.

6.4 Attachment 2 - Estero Municipal Improvement District Code Chapter 8.90 Redline

597

Prepared Date 6/27/2024 City of Foster City, CA
Accounts Payable Check Register

Page 1 ends

Foster City City CouncilAugust 5, 2024

Foster City City Council
August 5, 2024