Agenda packet, regular meeting — Foster City City Council, September 16, 2024 (part 1 of 2)

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

To Attend the Meeting in Person:

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

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

To Observe the Meeting via Teleconference/Video Conference:

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

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

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

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

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

AGENDA
Monday, September 16, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring September 2024 as “National Emergency Preparedness Month”

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

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

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

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

6.1. A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Execute a Grant Agreement with the Peninsula Clean Energy Authority for the Receipt of Grant Funding in the Amount of $551,232 for the Recreation Center Rebuild Project (CIP 301678)
a) Staff Report
b) Adopt Resolution

6.2. A Resolution of the City Council of the City of Foster City Approving the After School Activity (ASA) Bus Program Funding Agreement Between the City of Foster City and the San Mateo Union High School District for a Contribution in the Amount of $21,231 to the ASA Bus Program for the 20242025 School Year, Authorizing the City Manager to Execute the Funding Agreement, and Authorizing an Appropriation in an Amount NottoExceed $21,231 to the Community Benefits Fund, Account No. 00501104134251, to Fund the Contribution
a) Staff Report
b) Adopt Resolution

6.3. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. Six (6) in the Amount Of $25,000 with Schaaf & Wheeler Consulting Civil Engineers for Phase 3 Services for the Levee Protection Planning and Improvements Project (CIP 327657) (CEQA Status: Environmental Impact Report was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 20106012012))
a) Staff Report
b) Adopt Resolution

6.4. a) A Resolution of the City Council of the City of Foster City Approving the Appendix Dated September 2024 of Certain Designated Employees in the Conflict of Interest Code and to Formalize the Designated Positions Required to Participate in AB 1234 Ethics Training; and b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Appendix Dated September 2024 of Certain Designated Employees in the Conflict of Interest Code and to Formalize the Designated Positions Required to Participate in AB 1234 Ethics Training
c) Staff Report
d) Adopt Resolutions

6.5. Foster City Foundation Fund Annual Report of Financial Activities for Fiscal Year 202324
a) Staff Report
b) By Minute Order, Receive and Accept Report

7. NEW BUSINESS

7.1. Consideration of Whether to Continue or Discontinue Public Comment via Teleconference (Zoom) at Public Meetings
a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. REPORTS

8.1. Recreation Center Rebuild Project (CIP 301678) – Recreation Center Building Naming
a) Staff Report
b) Action By Minute Order, Receive and Accept the Report on the Recreation Center Rebuild Project (Project) and Provide Policy Direction on Whether to Change the Current Name of the “William E. Walker Recreation Center” to the “Foster City Community Center” and to Direct Staff to Develop and Implement Alternative Methods of Commemorating William E. Walker and Other Members of the Foster City Community Whose Significant Contributions Were Instrumental in the Recreation Center’s Various Phases of Development Since 1974

8.2. Presentation of Information Technology Strategic Plan a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

9.1. Consideration of Flavored Tobacco Revision
a) Staff Report
b) Action An Ordinance of the City of Foster City to Amend Sections

8.11.010, 8.11.020 and 8.11.030 of Chapter 8.11, “Regulation of the Sale of Flavored Tobacco Products and Electronic Cigarettes” within Title 8, “Health and Safety” of the Foster City Municipal Code to Repeal Certain Provisions Relating to Restaurants That Sell Hookah and Shisha Tobacco Products i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading

10. RESOLUTIONS FOR ADOPTION

10.1. A Resolution of the City Council of the City of Foster City Approving the Appointment of Fifteen Members to the Youth Advisory Committee a) Staff Report
b) Adopt Resolution

10.2. A Resolution of the City Council of the City of Foster City Approving the Transfer of Estimated Excess Funds in the Amount of $3,490,558 from the City CIP Fund (Fund 301) Recreation Center Rebuild Project (301678) to the Capital Asset Acquisition and Replacement Fund (CAAR Fund 326) a) Staff Report
b) Action Adopt Resolution

10.3. Consideration of Approving the Second Amendment to City/District Manager Stefan Chatwin's Employment Agreement
a) Staff Report
b) Action A Resolution of the City Council of the City of Foster City Approving the Second Amendment to the City Manager’s Employment Agreement
c) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Second Amendment to the City Manager’s Employment Agreement

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on August 28, 2024
a) Information Item Only
b) No Action Required

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

13. CLOSED SESSION

13.1. Threat to Public Services or Facilities Pursuant to Government Code Section 54957
Consultation with: (Rob Lasky, IT Manager)

13.2. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

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

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

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

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

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, September 16, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring September 2024 as “National Emergency Preparedness Month”

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

6.5. Foster City Foundation Fund Annual Report of Financial Activities for Fiscal Year 202324
a) Staff Report
b) By Minute Order, Receive and Accept Report

7. NEW BUSINESS

7.1. Consideration of Whether to Continue or Discontinue Public Comment via Teleconference (Zoom) at Public Meetings
a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. REPORTS

8.2. Presentation of Information Technology Strategic Plan a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

9.1. Consideration of Flavored Tobacco Revision
a) Staff Report
b) Action An Ordinance of the City of Foster City to Amend Sections

10. RESOLUTIONS FOR ADOPTION

10.1. A Resolution of the City Council of the City of Foster City Approving the Appointment of Fifteen Members to the Youth Advisory Committee a) Staff Report
b) Adopt Resolution

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on August 28, 2024
a) Information Item Only
b) No Action Required

13. CLOSED SESSION

13.1. Threat to Public Services or Facilities Pursuant to Government Code Section 54957
Consultation with: (Rob Lasky, IT Manager)

13.2. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, September 16, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring September 2024 as “National Emergency Preparedness Month”

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

6.5. Foster City Foundation Fund Annual Report of Financial Activities for Fiscal Year 202324
a) Staff Report
b) By Minute Order, Receive and Accept Report

7. NEW BUSINESS

7.1. Consideration of Whether to Continue or Discontinue Public Comment via Teleconference (Zoom) at Public Meetings
a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. REPORTS

8.2. Presentation of Information Technology Strategic Plan a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

9.1. Consideration of Flavored Tobacco Revision
a) Staff Report
b) Action An Ordinance of the City of Foster City to Amend Sections

10. RESOLUTIONS FOR ADOPTION

10.1. A Resolution of the City Council of the City of Foster City Approving the Appointment of Fifteen Members to the Youth Advisory Committee a) Staff Report
b) Adopt Resolution

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on August 28, 2024
a) Information Item Only
b) No Action Required

13. CLOSED SESSION

13.1. Threat to Public Services or Facilities Pursuant to Government Code Section 54957
Consultation with: (Rob Lasky, IT Manager)

13.2. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, September 16, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring September 2024 as “National Emergency Preparedness Month”

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

6.5. Foster City Foundation Fund Annual Report of Financial Activities for Fiscal Year 202324
a) Staff Report
b) By Minute Order, Receive and Accept Report

7. NEW BUSINESS

7.1. Consideration of Whether to Continue or Discontinue Public Comment via Teleconference (Zoom) at Public Meetings
a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. REPORTS

8.2. Presentation of Information Technology Strategic Plan a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

9.1. Consideration of Flavored Tobacco Revision
a) Staff Report
b) Action An Ordinance of the City of Foster City to Amend Sections

10. RESOLUTIONS FOR ADOPTION

10.1. A Resolution of the City Council of the City of Foster City Approving the Appointment of Fifteen Members to the Youth Advisory Committee a) Staff Report
b) Adopt Resolution

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on August 28, 2024
a) Information Item Only
b) No Action Required

13. CLOSED SESSION

13.1. Threat to Public Services or Facilities Pursuant to Government Code Section 54957
Consultation with: (Rob Lasky, IT Manager)

13.2. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, September 16, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring September 2024 as “National Emergency Preparedness Month”

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

6.5. Foster City Foundation Fund Annual Report of Financial Activities for Fiscal Year 202324
a) Staff Report
b) By Minute Order, Receive and Accept Report

7. NEW BUSINESS

7.1. Consideration of Whether to Continue or Discontinue Public Comment via Teleconference (Zoom) at Public Meetings
a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. REPORTS

8.2. Presentation of Information Technology Strategic Plan a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

9.1. Consideration of Flavored Tobacco Revision
a) Staff Report
b) Action An Ordinance of the City of Foster City to Amend Sections

10. RESOLUTIONS FOR ADOPTION

10.1. A Resolution of the City Council of the City of Foster City Approving the Appointment of Fifteen Members to the Youth Advisory Committee a) Staff Report
b) Adopt Resolution

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on August 28, 2024
a) Information Item Only
b) No Action Required

13. CLOSED SESSION

13.1. Threat to Public Services or Facilities Pursuant to Government Code Section 54957
Consultation with: (Rob Lasky, IT Manager)

13.2. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, September 16, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring September 2024 as “National Emergency Preparedness Month”

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

6.5. Foster City Foundation Fund Annual Report of Financial Activities for Fiscal Year 202324
a) Staff Report
b) By Minute Order, Receive and Accept Report

7. NEW BUSINESS

7.1. Consideration of Whether to Continue or Discontinue Public Comment via Teleconference (Zoom) at Public Meetings
a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. REPORTS

8.2. Presentation of Information Technology Strategic Plan a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. ORDINANCES FOR INTRODUCTION

9.1. Consideration of Flavored Tobacco Revision
a) Staff Report
b) Action An Ordinance of the City of Foster City to Amend Sections

10. RESOLUTIONS FOR ADOPTION

10.1. A Resolution of the City Council of the City of Foster City Approving the Appointment of Fifteen Members to the Youth Advisory Committee a) Staff Report
b) Adopt Resolution

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on August 28, 2024
a) Information Item Only
b) No Action Required

13. CLOSED SESSION

13.1. Threat to Public Services or Facilities Pursuant to Government Code Section 54957
Consultation with: (Rob Lasky, IT Manager)

13.2. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

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

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

6 4.1

4.1 Proclamation

7 7
2 6
DATE: September 16, 2024
TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Derek Schweigart, Parks and Recreation Director
DEPARTMENT: Parks and Recreation
SUBJECT: GRANT AGREEMENT WITH THE PENINSULA CLEAN
ENERGY AUTHORITY IN THE AMOUNT OF $551,232 FOR
THE RECREATION CENTER REBUILD PROJECT (CIP 301-
678)

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the City Manager to execute a grant agreement with the Peninsula Clean Energy Authority (PCE) and apply the grant funding in the amount of $551,232 toward the Recreation Center Rebuild Project (CIP 301-678).

EXECUTIVE SUMMARY
The City of Foster City was awarded a grant in the amount of $551,232 by PCE to be applied toward costs for the Recreation Center Rebuild Project (CIP 301-678). The grant funding would be applied directly toward costs associated with LEED Silver design and construction and sustainability features in the project, in particular the design and construction of a photovoltaic system, which is a bid alternate on the construction bid documents. At the regular City Council meeting on September 3, 2024, the City Council awarded a construction contract to BHM Construction, LLC for the construction of the new Recreation Center which included inclusion of the photovoltaic system.

To accept the funds, it is necessary for the City Manager to execute the Grant Agreement (Attachment 2).

6.1 6.1 Staff Report

8 7
2 6

BACKGROUND/ANALYSIS
In December 2023, the PCE Board of Directors authorized one-time allocation of $11.5 million in surplus funds for its member agencies to implement local energy projects, with the goal to reach carbon neutrality by switching from fossil fuels to clean electricity.

Each agency was allocated a specific funding level for its use in a manner consistent with PCE’s mission. An amount of $551,232 was pre-allocated for Foster City. The allocations are one-time grants, and no repayment is required, however, the member agency is required to adhere to a spending verification process as determined by PCE. Grant funding may be used for one or more projects, as approved by PCE, and must be spent within twenty-four (24) months of allocation.

In July 2024, staff applied for grant funding from PCE for the Recreation Center Rebuild Project (CIP 301-678). The City is on track to minimally achieve LEED Silver certification for the new all-electric Recreation Center building. With the goal of ultimately reaching net-zero carbon, the Project has been designed to be photovoltaic ready and to have the potential to expand electric vehicle charging beyond those installed on day one. At the regular City Council meeting on September 3, 2024, the City Council approved the construction contract for the new Recreation Center and approved bid alternate E1. Photovoltaic Panel System (PV) which will allow the Project to potentially meet the requirements for LEED Gold, and further meet net-zero carbon performance.

This goal will be accomplished with the support of the requested grant funding from PCE. The general contractor’s bid price for construction of the photovoltaic array is $1,218,000.

On July 31, staff was notified by PCE that the City will be awarded $551,232 in grant funding. It is necessary for the City Council to authorize the City Manager to execute the Grant Agreement for the funds to be issued and accepted. Funds will be issued after the Grant Agreement is signed and returned to PCE. The full amount would be disbursed in two tranches, the first up-front and the second on conclusion of the project after submission of project documentation.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
This action authorizing the City Manager to execute a grant agreement with the Peninsula Clean Energy Authority (PCE) and the receipt of grant funding is not a project within the meaning of Section 15378 of CEQA Guidelines because it has no potential for resulting in either a direct or a reasonably foreseeable indirect physical change in the environment.

The Recreation Center Rebuild Project itself was reviewed in accordance with the requirements of CEQA and the City of Foster City Environmental Review Guidelines. The City of Foster City prepared an Initial Study and Mitigated Negative Declaration (SCH# 20231009) with standard conditions and Mitigation Monitoring Reporting Program and CEQA Findings. The City also prepared an Addendum to the adopted Mitigated Negative

6.1 6.1 Staff Report

9 7
2 6
Declaration for the temporary modular buildings portion of the Project.

FISCAL IMPACT
If approved by the City Council, grant funding in the amount of $551,232 will be accepted to Account No. 301-0000-369-1608 and will offset costs of the Recreation Center Rebuild Project (CIP 301-678) related to energy efficiency, and other green building measures.

The current budget estimate for the Recreation Center Rebuild Project (CIP 301-678) is $61,035,000 which includes the recently approved construction contract and contingency, as well as all of the bid alternates approved as part of the scope of the Project.

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

Attachment 1 – Resolution
Attachment 2 – Grant Agreement
Attachment 3 – PCE Grant Application

6.1 6.1 Staff Report

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2 RESOLUTION NO.

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH

THE PENINSULA CLEAN ENERGY AUTHORITY FOR THE RECEIPT OF GRANT FUNDING IN THE AMOUNT OF $551,232 FOR THE RECREATION CENTER REBUILD PROJECT (CIP 301-678)

CITY OF FOSTER CITY
WHEREAS, City staff applied for grant funding from the Peninsula Clean Energy Authority to be applied toward the Recreation Center Rebuild Project (CIP 301- 678) specifically for costs associated with the design and construction of a photovoltaic system, a LEED Silver design and construction sustainability feature in the project; and WHEREAS, staff was notified on July 31, 2024 by the Peninsula Clean Energy Authority that the City was awarded grant funding in the amount of $551,232; and WHEREAS, Peninsula Clean Energy Authority has required that a Grant Agreement be signed and returned prior to the issuance of grant funds.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City authorizes the City Manager to execute the Grant Agreement with the Peninsula Clean Energy Authority and the receipt of grant funding in the amount of $551,232 to Account No. 301-0000-369-1608.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 16th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.1 Attachment 1 - Resolution

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3 AGREEMENT BETWEEN THE PENINSULA CLEAN ENERGY AUTHORITY AND

CITY OF FOSTER CITY FOR MEMBER AGENCY ENERGY GRANT PROGRAM This Agreement is entered into this 16 th day of September, 2024, by and between the Peninsula Clean Energy Authority, a joint powers authority of the state of California, hereinafter called “PCEA,” and City of Foster City, hereinafter called “Grantee.” * * *

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A—Project Description
Exhibit B—Grant Distribution

2. Grant Process
In consideration of the payments set forth in this Agreement and in Exhibit B, Grantee shall implement the Project in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A.

3. Grant Distribution
In consideration of the Project to be implemented by Grantee in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, PCEA shall make a grant payment to Grantee in the manner specified in Exhibit B. PCEA reserves the right to withhold final grant payment if PCEA determines that the quantity or quality of the work performed by Grantee is unacceptable or does not meet the requirements of Exhibit B. In no event shall PCEA’s total fiscal obligation under this Agreement exceed five hundred and fifty-one thousand, two hundred and thirty-two dollars ($551,232). In the event that the Project described by Exhibit A does not move forward or is terminated for any reason, Grantee agrees to return any unused grant funds associated with approved project.

4. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from Aug. 1, 2024, through July 31, 2026.

6.1 Attachment 2 - Grant Agreement

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3 5. Relationship of Parties
Grantee agrees and understands that Grantee is not an employee of PCEA and that neither Grantee nor its employees acquire any of the rights, privileges, powers, or advantages of PCEA employees.

6. Hold Harmless
a. General Hold Harmless
Grantee shall indemnify and save harmless PCEA and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Grantee under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following:
(A) injuries to or death of any person, including Grantee or its employees/officers/agents;
(B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Grantee’s failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or
(D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of PCEA and/or its officers, agents, employees, or servants. However, Grantee’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which PCEA has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

The duty of Grantee to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

7. Payment of Permits/Licenses
Grantee bears responsibility to obtain any license, permit, or approval required from any agency for work/services to be performed under this Agreement at Grantee’s own expense prior to commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.

6.1 Attachment 2 - Grant Agreement

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3 8. Insurance
PCEA shall not be responsible for the provision of any insurance policy on behalf of the Grantee.

The parties understand and agree that Grantee shall not commence work using the grant funds without insurance coverage appropriate to its specific project and as reviewed by Grantee’s own legal counsel and/or Risk Manager.

9. Compliance With Laws
The Project to be performed by Grantee pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs and activities receiving any Federal or County financial assistance. The Project shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement and any applicable State, Federal, County, or municipal law or regulation, the requirements of the applicable law or regulation will take precedence over the requirements set forth in this Agreement.

Grantee shall be timely and accurately complete, sign, and submit all necessary documentation of compliance.

10. Retention of Records; Right to Monitor and Audit
(a) Grantee shall maintain all required records relating to the Project under this Agreement for three (3) years after PCEA makes final payment and all other pending matters are closed, and Grantee shall be subject to the examination and/or audit by PCEA, a Federal grantor agency, and the State of California. (b) Grantee shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by PCEA. (c) Grantee agrees upon reasonable notice to provide to PCEA, to any Federal or State department having monitoring or review authority, to PCEA’s authorized representative, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State,

6.1 Attachment 2 - Grant Agreement

14 2
6 0
3 and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of the Project work.

11. Merger Clause; Amendments
This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail.

Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications or amendments shall be in writing and signed by the parties.

12. Controlling Law; Venue
The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law or conflict of law rules.

Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

13. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.

In the case of PCEA, to:

Name/Title: Shawn Marshall, Chief Executive Officer
Address: 2075 Woodside Road, Redwood City, CA 94061
Telephone: 650-474-5002
Email: [email protected]

6.1 Attachment 2 - Grant Agreement

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3 In the case of Grantee, to:

Name/Title: Derek Schweigart
Address: 610 Foster City Blvd., Foster City, CA 94404
Telephone: (650) 286-3390
Email: [email protected]

14. Electronic Signature
PCEA and Grantee wish to permit this Agreement, and future documents executed pursuant to this Agreement, to be digitally signed in accordance with California law. Any party that agrees to allow digital signature of this Agreement may revoke such agreement at any time in relation to all future documents by providing notice pursuant to this Agreement.

15. No Recourse Against PCEA’s Member Agencies
Grantee acknowledges and agrees that PCEA is a Joint Powers Authority, which is a public agency separate and distinct from its member agencies. All debts, liabilities, or obligations undertaken by PCEA in connection with this Agreement are undertaken solely by PCEA and are not debts, liabilities, or obligations of its member agencies. Grantee waives any recourse against PCEA’s member agencies.
* * *
In agreement with this Agreement’s terms, the parties, by their duly authorized representatives, affix their respective signatures:

PENINSULA CLEAN ENERGY

AUTHORITY
__________________________________
Chief Operating Officer, Peninsula Clean
Energy Authority
Date:__________________________
City of Foster City
__________________________________
Title: ______________________________
Date: ________________________

6.1 Attachment 2 - Grant Agreement

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3 Exhibit A
In consideration of the payments set forth in Exhibit B, Grantee shall execute the following project:

See attached proposal as submitted by
Submittal Date: June 4, 2024 (updated July 31, 2024)
Point of contact name: Estelle Gobrera
Point of contact role/title: Management Analyst
Point of contact email: [email protected]

6.1 Attachment 2 - Grant Agreement

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3 Exhibit B
In consideration of the Project implemented by Grantee described in Exhibit A and subject to the terms of the Agreement, PCEA shall pay Grantee based on the following fee schedule and terms:

Eligible Project Expenses
Expenses funded under this agreement must be in alignment with PCEA’s mission and the goals of its Strategic Plan to decarbonize the service territory. Expense must be tangible infrastructure associated with electric power.

Examples of eligible projects:

1. Installation of EV charging infrastructure for fleet or public use

2. Building heat pump systems in government facilities

3. Incentive programs for electrifying landscape equipment, etc.

4. Installation of solar and storage systems

5. Upgrades to efficient street lights
Ineligible projects and costs:

1. Purchase of equipment using fossil fuels

2. Staff time associated with operations and other administrative costs

3. Indirect decarbonization education or general transportation infrastructure such as workshops and bike lanes

4. Production of reports or plans
Payments

1. First payment: $275,616. Upon execution of this contract

2. Second payment: $275,616. Upon receipt of project invoices for Eligible Project Expenses of $551,232 or more. Send materials to
[email protected]. PCEA reserves the right to review the submitted invoices and Grantee must respond to reasonable requests for clarifications on the information provided. PCEA reserves, at its sole discretion, the right to approve and/or reject project invoices from Grantee.

Payment Method
Grantee EFT/ACH details for transfers:
o[account name]
o[financial institution]
o[routing number]
o[account number]
o[account type]

6.1 Attachment 2 - Grant Agreement

18 City of Foster City Recreation Center Master Plan Project (CIP 301-678) Member Agency Energy Grant Program Application

1. Overview and Description

The Foster City Recreation Center is nearly 50 years old and requires reconstruction to address structural, seismic, City’s resiliency goals, and community programmatic needs, as well as enhance emergency response readiness. To address these needs, the Foster City Capital Improvement Project (CIP 301-678) aims to replace the existing Recreation Center. The project will use a build to- budget approach, intending to construct the new facility on the site of the current building.

In November 2022, the City Council awarded the professional design, bidding, and construction support services to Group 4 Architecture, Research + Planning, Inc. (Group 4). Subsequently, i n March 2023, the City Council awarded the construction management and support services to Griffin Structures. Construction is scheduled to begin in September 2024. In alignment with the City’s Climate Action Plan, the project is on track to minimally achieve LEED Silver certiﬁcation but ultimately is positioned to achieve LEED Platinum and/ meet net-zero Carbon standards, which grant funds would help achieve.

The project team’s disciplined approach to sustainable design has the building designed to achieve a LEED Silver certiﬁcation with the possibility of achieving LEED Gold of Platinum with the addition of photovoltaics. The following list summarizes strategies for each of the LEED categories.

Schematic Design LEED Checklist

6.1 Attachment 3 - Grant Application

19 2. Outcomes and Beneﬁts

The primary objective of the Recreation Center Rebuild Project (Project) is to establish a state -of- the-art facility designed to meet the community ’s current and future recreational needs. The construction and maintenance of the new Recreation Center will strictly adhere to the provisions outlined in the California Health and Safety Code sections 16000 through 16022 , as well as the California Building Standards, guaranteeing a structurally sound building upon completion.

The Project was informed by extensive community input at multiple stages of the design process to inform the building program and design. This input included 2 rounds of community engagement with nearly 2,000 responses from online surveys, open houses, intercept kiosks at community events, task force meetings, and public meetings. The community’s feedback was integrated into the design of the project to ensure alignment with community needs, values, and preferences.

In addition, the Project offers a unique opportunity to advance the City Council ’s Innovation and Sustainability and Climate Action Plan goals. The City is on track to minimally achieve LEED Silver certiﬁcation for the new all-electric Recreation Center building. With the goal of ultimately reaching zero net carbon, the Project has been designed to be photovoltaic ready with battery back -up as a bid alternate and to have the potential to expand electric vehicle charging beyond those installed on day one. The addition of a photovoltaic system, which is currently a bid alternate on the construction bid documents, would allow the project to meet requirements for LEED Gold, potentially Platinum and meet net -zero c arbon performance. T his goal will be accomplished with the support of the requested grant funding from Peninsula Clean Energy. The architect’s construction estimate for the photovoltaic array is approximately $1.5 million to $1.7 million.

The Recreation Center design also includes Energy Related Systems for lighting controls. In the event the bid alternate for a photovoltaic system is not incorporated, grant funds would be utilized for the energy-saving lighting controls. The estimate for this system is $646,350 (without markups).

3. Budget

The City Council has approved funding in the amount of $55,374,250 to the Project (CIP 301 -678).

The remainder of the funding needed for the current Project budget estimate of $64,958,000 is planned to be appropriated in the FY 2024 -2025 budget to be adopted by the City Council on June 17, 2024. The ﬁnal Project budget will be determined by the bidding and the award of a construction contract. Grant funding from Peninsula Clean Energy will be used to offset the cost for the photovoltaic system bid alternate which will provide alternative energy for the building and help the City lead by example to achieve its sustainability goals with a higher LEED certiﬁcation and potential for a LEED Zero Carbon building.

- PVs w/o energy backup (Bid Alternate): $1,737,242 (includes markups)

6.1 Attachment 3 - Grant Application

20 - PVs with energy backup (Bid Alternate): $1,737,242 + $884,203= $2,621,445 (includes markups)

In the event the bid alternate for a p hotovoltaic system is not incorporated, grant funds would be utilized for the Recreation Center energy-saving lighting control system.

Energy Related System:

- Lighting Controls only, sensors, wiring= $646,350 w/o markups

4. Timeline

June – July 2024: Bid and Award to Contractor for Demolition and Construction of new Recreation Center

August 19,2024: Recreation Center closes

Fall 2024 – Summer 2026: Construction

Summer 2026: Projected Grand Opening of new Recreation Center. With spaces for small, medium, and large -scale classes, meetings and events, the new facility will provide a vibrant hub of activity for our community.

6.1 Attachment 3 - Grant Application

21 DATE: September 16, 2024

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

FROM: Kevin Ortiz, Management Analyst
DEPARTMENT: City Manager
SUBJECT: FUNDING AGREEMENT BETWEEN THE CITY OF FOSTER CITY

AND THE SAN MATEO UNION HIGH SCHOOL DISTRICT FOR

THE AFTER SCHOOL ACTIVITY (ASA) BUS PROGRAM FOR
THE 2024-2025 SCHOOL YEAR

RECOMMENDATION
It is recommended that the City Council of the City of Foster City adopt the attached resolution approving a funding agreement between the City of Foster City (“City”) and San Mateo Union High School District (“District”) for a contribution in the amount of $21,231 to the After School Activity (ASA) Bus Program for the 2024-2025 School Year and authorize the City Manager to execute the funding agreement. Furthermore, it is recommended that the City Council authorize an appropriation in an amount not-to- exceed $21,231 to the City Manager Department Community Benefits Program Fund – Contractual, Professional, and Specialized Services Budget (Account No. 005-0110- 413-4251) to fund the contribution.

EXECUTIVE SUMMARY
The District has requested a contribution from the City for the continuation of their ASA Bus Program for the 2024-2025 School Year. The total cost of the program is $42,462, with the City providing 50% of the funding in the amount of $21,231, if approved by the City Council. The ASA Bus Program will transport students who stay after school to participate in sports programs, extracurricular activities, or wish to use the library from San Mateo High School to various bus stops in Foster City.

6.2 6.2 Staff Report

22 To continue to support the ASA Bus Program for the 2024-2025 School Year and ensure a safe and sustainable mode of transportation for students throughout the Foster City community, it is recommended that the City Council approve the attached resolution.

BACKGROUND
During the school year, the last bus to leave San Mateo High School is at 3:55 PM, making it challenging for any Foster City students who engage in after school extracurricular activities to take regular afternoon bus service. In response, the District began an After School Activity (ASA) Bus Program, which operates bus service to Foster City four (4) days a week during athletic seasons (Fall and Spring) and departs from the bus stop on East Poplar Avenue at San Mateo High School at 6:30 PM. The ASA buses run limited stops, including the following locations within Foster City:

Metro Blvd. & Vintage Park Dr. (at bus stop)
E. Hillsdale Blvd. & Shell Blvd. (at Foster City Library) Brewer Island School
Gull Park
Beach Park Blvd. & Tarpon Street
Marlin Ave. & Foster City Blvd. (at shopping center)
Halsey Blvd. & Beach Park Blvd. (SW Corner)
Edgewater Blvd. & Beach Park Blvd. (on Edgewater, south of Beach Park) Pitcairn Dr. & Santa Catalina Lane
Most recently, the City Council approved a funding contribution in the amount of $21,667.50 in FY 2023-2024 to help fund the ASA Bus Program in the 2023-2024 School Year (which was 50% of the total operating costs). Prior to that, the City Council approved a funding contribution in the amount of $20,196 in FY 2022-2023. In FY 2018- 2019, the City Council approved a contribution in the amount of $13,000 to help fund that school year's ASA Bus Program (which was 40% of the total operating costs). In FY 2017-2018, the City Council approved a contribution in the amount of $13,800 to help fund the pilot year of the ASA Bus Program (which was 50% of the total operating costs).

ANALYSIS
In August 2024, the District submitted a funding request to the City for continuation of the ASA Bus Program for the current, 2024-2025 School Year. The request is for a contribution in the amount of $21,231, which would be 50% of the total operating costs of the ASA Bus Program, which totals $42,462. The projected total days of service for the 2024-2025 School Year is 126 days, with bus service on four (4) days of the week, excluding Fridays, and Minimum Days (Attachment 3).

ASA Program bus passes can be purchased during the 2024-2025 School Year at a cost of $326 for the Fall and $357 for the Spring. Students who already ride the school

6.2 6.2 Staff Report

23 bus and have purchased an Annual Round Trip Pass, an Annual One-Way PM Pass, or a Calendar Monthly Bus Pass will be able to ride the ASA bus at no additional cost. In other words, they will not be required to purchase an additional ASA bus pass to use the ASA bus.

If approved, the City's one-time contribution would be $21,231 and would assist in the continuation of the ASA Bus Program to further provide safe transportation for Foster City students participating in after school activities at San Mateo High School. The management and operation of the ASA Bus Program will be the responsibility of the District. The funding agreement with the District provides that the District will indemnify the City from any injury or property loss related to the program (Attachment 2). The San Mateo Union High School District Board of Trustees intends to schedule the formal adoption of the funding agreement at a future Board meeting.

California Environmental Quality Act
The approval of the 2024-2025 ASA Bus Program funding and the Funding Agreement is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

FISCAL IMPACT
Funding for the ASA Bus Program is available in the City Manager Department Community Benefits Program Fund. Since the funding request from the District was received after the City’s Final Budget for FY 2024-2025 was adopted, a budget appropriation is required. Specifically, an amount not-to-exceed $21,231 will be appropriated to Account No. 005-0110-413-4251 (Contractual, Professional, and Specialized Services Budget) for the contribution to the ASA Bus Program in FY 2024- 2025.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Innovation and Sustainability
Public Safety and Social Equity
ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Funding Agreement
Attachment 3 – ASA Bus Program Projected Cost for 2024-2025 School Year

6.2 6.2 Staff Report

24 RESOLUTION NO. _____________

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

APPROVING THE AFTER SCHOOL ACTIVITY (ASA) BUS PROGRAM FUNDING

AGREEMENT BETWEEN THE CITY OF FOSTER CITY AND THE SAN MATEO UNION HIGH SCHOOL DISTRICT FOR A CONTRIBUTION IN THE AMOUNT OF $21,231 TO THE ASA BUS PROGRAM FOR THE 2024-2025 SCHOOL YEAR, AUTHORIZING THE

CITY MANAGER TO EXECUTE THE FUNDING AGREEMENT, AND AUTHORIZING AN APPROPRIATION IN AN AMOUNT NOT-TO-EXCEED $21,231 TO THE COMMUNITY BENEFITS PROGRAM FUND, ACCOUNT NO. 005-0110-413-4251, TO FUND THE

CONTRIBUTION

CITY OF FOSTER CITY
WHEREAS, the City of Foster City (City) wants to assist in providing safe transportation for Foster City students who participate in after school activities at San Mateo High School; and
WHEREAS, the San Mateo Union High School District (District) provides an After School Activity (ASA) Bus Program to Foster City students picking up at San Mateo High School at 6:30 p.m. and drops students off at nine (9) stops throughout Foster City; and WHEREAS, the District has requested that the City contribute an amount not-to- exceed $21,231 for the 2024-2025 School Year; and
WHEREAS, funding for the ASA Bus Program is traditionally available in the City Manager Department Community Benefits Program Fund; and WHEREAS, a budget appropriation is required since the funding request from the District was received after the City’s Final Budget for FY 2024-2025 was adopted; and WHEREAS, the City wishes to make a one-time payment to the District to provide funding in support this ASA Bus Program because it provides a valuable service to children and parents in Foster City and provides an additional broader benefit to the residents of Foster City because the ASA Bus Program reduces individual automobile trips currently required to transport children who will instead use the after school program bus.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the After School Activity (ASA) Bus Program Funding Agreement for the 2024-2025 School Year between the City of Foster City and the San Mateo Union High School District for a one-time contribution payment of $21,231.

6.2 Attachment 1 - Resolution

25 BE IT FURTHER RESOLVED, an appropriation in the amount not-to-exceed $21,231 to the Community Benefits Program Fund, Account No. 005-0110-413-4251, to fund the contribution is hereby authorized.

BE IT FURTHER RESOLVED that the City Council does hereby authorize the City Manager to execute the ASA Bus Program Funding Agreement in the form attached hereto, with minor revisions that may be approved by the City Manager and the City Attorney, and to execute any other necessary documents to effectuate the terms of the Agreement.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 16th day of September, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.2 Attachment 1 - Resolution

26 AFTER SCHOOL ACTIVITY (ASA) BUS PROGRAM FUNDING AGREEMENT FOR THE 2024-2025 SCHOOL YEAR

BETWEEN

THE CITY OF FOSTER CITY (CITY)
&

THE SAN MATEO UNION HIGH SCHOOL DISTRICT (DISTRICT)
This agreement is made and entered into on the 16 th day of September 2024 (Effective Date), by and between the City of Foster City, hereinafter referred to as “City,” and the San Mateo Union High School District, hereinafter “District.”
WHEREAS, the District has established a bus program to provide transportation for students participating in after school activities (ASA Bus Program); and WHEREAS, the ASA Bus Program will operate four (4) days per week during the Fall and Spring months (excluding Fridays and Minimum Days) during the 2024-2025 School Year; and WHEREAS, the ASA Bus Program will operate a limited stop bus, which will depart from the bus stop at East Poplar Avenue at San Mateo High School at 6:30 P.M. and make the following stops in Foster City:

Metro Blvd. & Vintage Park Dr. (at bus stop)
E. Hillsdale Blvd. & Shell Blvd. (at Foster City Library) Brewer Island School
Gull Park
Beach Park Blvd. & Tarpon Street
Marlin Ave. & Foster City Blvd. (at shopping center)
Halsey Blvd. & Beach Park Blvd. (SW Corner)
Edgewater Blvd. & Beach Park Blvd. (on Edgewater, south of Beach Park) Pitcairn Dr. & Santa Catalina Lane; and
WHEREAS, the City wishes to make a one-time payment to the District to providing funding in support this ASA Bus Program because it provides a valuable service to children and parents in Foster City and provides an additional broader benefit to the residents of Foster City because the ASA Bus Program reduces individual automobile trips currently required to transport children who will instead use the after school program bus.

NOW, THEREFORE, it is agreed as follows:

1. The City shall provide one-time payment of funds to the District in the amount of Twenty-One Thousand Two Hundred Thirty-One Dollars and No Cents ($21,231.00) to be utilized by the District for the ASA Bus Program for the 2024-2025 School Year. City will pay the contribution amount 30 calendar days after receipt of invoice provided by the District.

2. The City shall bear no liability whatsoever for the management or operation of the ASA Bus Program. District hereby agrees to defend, indemnify, and save harmless City, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, cost (including, without limitation, costs and

6.2 Attachment 2 - Funding Agreement

27 fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, City, its Council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, the negligence, intentional tortuous act or omission, or willful misconduct of District, its officers, employees or agents in the performance of any services or work pursuant to this Agreement.

The duty of District to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

3. Insurance. District shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, owned and non-owned and hired automobile liability, and professional liability insurance coverage relating to District’s services to be performed hereunder covering City’s risks in form subject to the approval of the City Attorney and/or City’s Risk Manager. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows:

Insurance Category Minimum Limits
Workers’ Compensation statutory minimum
Employer’s Liability $1,000,000 per accident for bodily injury or disease
Commercial General Liability $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury
and property damage
Automobile Liability $1,000,000 per accident for bodily injury and property damage (coverage required to the
extent applicable to District’s vehicle usage
in performing services hereunder)
Concurrently with the execution of this Agreement, District shall, on the Insurance Coverage form provided in Exhibit A, furnish City with certificates and copies of information or declaration pages of the insurance required hereunder and, with respect to evidence of commercial general liability and automobile liability insurance coverage, original endorsements:
(a) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after City shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail;
(b) Naming the City of Foster City, its Council, officers, boards, commissions, employees, and agents, as additional insureds; and

6.2 Attachment 2 - Funding Agreement

28 (c) Providing that District’s insurance coverage shall be primary insurance with respect to City of Foster City, its Council, officers, boards, commissions, employees, and agents, and any insurance or self-insurance maintained by City for itself, its Council, officers, boards, commissions, employees, or agents shall be in excess of District’s insurance and not contributory with it.

4. Notices sent pursuant to this agreement shall be addressed as follows:

To the City:

Stefan Chatwin, City Manager
City of Foster City
610 Foster City Boulevard
Foster City, CA 94404
To the District:

Randall Booker, Superintendent
San Mateo Union High School District
650 N. Delaware Street
San Mateo, CA 94401
[Signatures on Next Page]

6.2 Attachment 2 - Funding Agreement

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

CITY OF FOSTER CITY
Dated:

Stefan Chatwin, City Manager
ATTEST:

Dated:

Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin L. Stock, City Attorney

SAN MATEO UNION HIGH SCHOOL DISTRICT
Dated:

By: Randall Booker, Superintendent

6.2 Attachment 2 - Funding Agreement

30 EXHIBIT A

INSURANCE FORMS
District shall provide, in addition to the Certificates of Insurance, original Endorsement(s) affecting the coverages specified in Section 3 - INSURANCE of the Agreement on the attached form or similar form acceptable to the City.

ATTACHED

1. Sample Insurance Coverage Form

6.2 Attachment 2 - Funding Agreement

31 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 (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) 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: ________________________________

6.2 Attachment 2 - Funding Agreement

32 After School Activity Bus Calendar
San Mateo High School (ASA)
2024-2025

Projections for the 2024-2025 SMHS After School Activity Bus • Total Days of Service – 126
o Provided Service – Monday, Tuesday, Wednesday & Thursday o Will not provide service – Fridays or Minimum Days
o Leave Time: 6:30 PM
o Dates are provided by Principal Yvonne Shiu
• Projected cost per day - $337.00

Month Service Cost Per Month
August 8 $2,696.00
September 16 $5,392.00
October 18 $6,066.00
November 13 $4,381.00
December 4 $1,348.00
Fall Totals 59 $19,883.00
January 12 $4,044.00
February 15 $5,055.00
March 16 $5,392.00
April 15 $5,055.00
May 9 $3,033.00
Spring Totals 67 $22,579.00
Year End Totals 126 $42,462.00
City of Foster City 50% $21,231.00
SMUHSD 50% $21,231.00
$42,462.00

6.2 Attachment 3 - ASA Bus Program Projected Cost for 2024-2025 School Year

33 3
6 0
DATE: September 16, 2024

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

FROM: Andrew Brozyna, Public Works Director/City Engineer Laura Galli, Engineering Manager
Francine Magno, Senior Civil Engineer
DEPARTMENT: Public Works
SUBJECT: CONTRACT AMENDMENT NO. SIX (6) IN THE AMOUNT OF $25,000 WITH SCHAAF & WHEELER CONSULTING CIVIL

ENGINEERS FOR PHASE III SERVICES FOR THE LEVEE

PROTECTION PLANNING AND IMPROVEMENTS PROJECT
(CIP 327-657)

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute Contract Amendment No. Six (6) to Phase III – Bidding, Construction Support Services and Project Closeout (Phase III) contract with Schaaf & Wheeler Consulting Civil Engineers (S&W) in the amount of $25,000 for the Levee Protection Planning and Improvements Project (CIP 327-657).

EXECUTIVE SUMMARY
The levee certification process through the Federal Emergency Management Agency (FEMA) ensures that the Flood Insurance Rate Map (FIRM) for the Foster City area is updated to reflect the completed levee improvements for FEMA accreditation.

Contract Amendment No. 6 (CA #6) will provide for continued levee certification assistance for an iterative data request and comment process with FEMA that was not contemplated in the original scope of work. The proposed fees, for the not-to- exceed amount of $25,000 have been determined reasonable. Funding is available

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in the project budget established for CIP 327-657.

BACKGROUND
Over the course of the last 10 years, the City has engaged S&W via three contracts to perform professional services for the various stages of the Levee Improvements Project including:

1. Phase 1 – Preliminary Design and CEQA Environmental Reporting (Resolution No. 2015-78; September 8, 2015; closed contract totaled $887,644)

2. Phase 2 – Final Design and Environmental Permitting (Resolution No. 2016-73; October 17, 2016; closed contract totaled $2,853,436)

3. Phase 3 – Construction Support (Resolution No. 2020-130; November 16, 2020; current contract $4,356,745 authorized)
The City Council adopted City Resolution No. 2020-130 authorizing the Mayor to execute an agreement with S&W, in an amount not-to-exceed $2,600,000 for the Phase 3 services on November 16, 2020. A total of five Contract Amendments were approved equaling $1,756,745 as summarized below:
•Contract Amendment No. 1 – ($46,745); May 3, 2021; City Resolution No. 2021- 49 – Added scope for the development of interpretive signage design and narrative panels that were required as part of the San Francisco Bay Conservation and Development Commission (BCDC) permit.
•Contract Amendment No. 2 – ($162,000); May 17, 2021; City Resolution No. 2021-65 – Added additional clapper rail bird nesting monitoring and surveys for the remainder of the calendar year 2021 to Huffman-Broadway Group’s (HBG) scope (the environmental subconsultant).
•Contract Amendment No. 3 – ($400,000); April 4, 2022; City Resolution No. 2022- 34 –Added as-needed environmental monitoring by HBG for calendar year 2022, support services for access point redesigns, and public outreach and communications.
•Contract Amendment No. 4 – ($760,000); December 5, 2022; City Resolution No. 2022-140 – Addressed additional environmental compliance/monitoring performed by HBG in 2023 and preparation of irrigation plans for adjacent HOA properties impacted by construction.
•Contract Amendment No. 5 – ($388,000); June 20, 2023; City Resolution No. 2023-77 – Addressed additional geotechnical testing required to ensure the structural integrity of the levee following an unanticipated atmospheric river event It also addressed additional bird nesting monitoring that was required by BCDC, to allow light construction work to continue during the restricted bird work window.

ANALYSIS
The certification process ensures that the Flood Insurance Rate Map (FIRM) for the Foster City area is updated to reflect the completed levee improvements. On February

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12, 2024, S&W submitted to FEMA, a package consisting of a post construction verification survey of the levee’s top of flood protection elements as well as record drawings reflecting the improvements. Based on S&W’s recent experience working with FEMA for accreditation of the City of San Mateo’s levee, staff was informed that there would likely be multiple rounds of additional comments from FEMA after the initial submittal, that had not been built into S&W’s scope of work when Phase 3 of their contract was executed back in November 2020. On July 21, 2024, as predicted, FEMA responded to the City’s submittal, with a request for various additional pieces of data before completing their review. The original cost proposal did not anticipate or include provisions for an iterative review process and more effort is required to provide this additional information to achieve FEMA accreditation.

CA #6 in the amount of $25,000 provides for the additional support services not included in the original scope but are necessary for the City to obtain FEMA accreditation for the Levee project. The scope of work includes the preparation of responses to comments and requests for additional data, including filling out requested forms, providing additional documentation and analyses, coordination with the City of San Mateo to address multijurisdictional questions, and an allowance for subsequent data requests. The City is required to respond to the first round of FEMA comments by October 19, 2024.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
An Environmental Impact Report (EIR) was prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012), with subsequent addendums. Approval of CA #6 (which would allow S&W to respond to FEMA’s request for more data to complete the process) would not result in any changes or additions or any new information requiring a subsequent EIR pursuant to CEQA Guidelines section 15162 or an addendum pursuant to CEQA Guidelines section 15164.

FISCAL IMPACT
The attached contract is for time and materials for a not-to-exceed amount of $25,000, which has been broken into two phases: $12,500 for the current data request and $12,500 for any additional rounds of comments that may be requested by FEMA. Should there be no further rounds of review, the unused budget for the additional rounds of review would be returned to the project budget. With the execution of CA #6, the revised contract amount is $4,381,745. Adequate funding is available for the additional scope from the Project budget (CIP 327-657).

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

6.3 6.3 Staff Report

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ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Schaaf & Wheeler Contract Amendment No. Six (6)

6.3 6.3 Staff Report

37 2
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7 RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE MAYOR TO EXECUTE CONTRACT AMENDMENT NO. SIX (6) IN THE AMOUNT OF $25,000 WITH SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS FOR PHASE 3 SERVICES FOR THE LEVEE PROTECTION PLANNING AND IMPROVEMENTS PROJECT (CIP 327-657) (CEQA STATUS: ENVIRONMENTAL

IMPACT REPORT WAS PREPARED FOR THE LEVEE PROTECTION PLANNING AND IMPROVEMENTS PROJECT (STATE CLEARINGHOUSE NO. 20106012012))

CITY OF FOSTER CITY
WHEREAS, on November 16, 2020, the City Council adopted City Resolution No. 2020-130 authorizing a Contract Agreement with Schaaf & Wheeler Consulting Civil Engineers in an amount no-to-exceed $2,600,000 for the Phase 3 – Bidding, Construction Support Services and Project Closeout (Phase 3) contract for the Levee Protection Planning and Improvements Project (CIP 327-657); and
WHEREAS, on May 3, 2021, the City Council adopted City Resolution No. 2021- 49 authorizing Amendment No.1 to Phase 3 contract with Schaaf & Wheeler Consulting Civil Engineers in the amount of $46,745 for interpretive signage; and WHEREAS, on May 17, 2021, the City Council adopted City Resolution No. 2021- 65 authorizing Amendment No. 2 to Phase 3 contract with Schaaf & Wheeler Consulting Civil Engineers in the amount of $162,000 for environmental monitoring required by regulatory agencies; and
WHEREAS, on April 4, 2022, the City Council adopted City Resolution No. 2022- 34 authorizing Amendment No. 3 to Phase 3 contract with Schaaf & Wheeler Consulting Engineers in the amount of $400,000 for environmental monitoring, design review and out of scope Project work; and
WHEREAS, on December 5, 2022, the City Council adopted City Resolution No. 2022-140 authorizing Amendment No. 4 to Phase 3 contract with Schaaf & Wheeler Consulting Engineers in the amount of $760,000 for design review, preparation of irrigation plans for Project for adjacent HOA properties impacted by construction, and additional environmental monitoring services; and
WHEREAS, on June 20, 2023, the City Council adopted City Resolution No. 2023- 77 authorizing Amendment No. 5 to Phase 3 contract with Schaaf & Wheeler Consulting Engineers in the amount of $388,000 to continue project review, geotechnical and materials observation and testing and additional environmental monitoring services through project completion; and

6.3 Attachment 1 - Resolution

38 2
6 0
7 WHEREAS, Contract Amendment No. Six (6) in the amount of $25,000 would provide for the required services for Schaaf & Wheeler to provide additional Federal Emergency Management Agency certification assistance to achieve FEMA accreditation; and
WHEREAS, funding is available in the approved project budget for the Levee Protection Planning and Improvements Project (CIP 327-657); and WHEREAS, an Environmental Impact Report (EIR) was prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012), with subsequent addendums. Approval of CA #6 (which would allow S&W to respond to FEMA’s request for more data to complete the process) would not result in any changes or additions or any new information requiring a subsequent EIR pursuant to CEQA Guidelines section 15162 or an addendum pursuant to CEQA Guidelines section 15164.

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

The Mayor to execute Contract Amendment No. Six (6) to Phase 3 contract with Schaaf & Wheeler Consulting Civil Engineers in the amount of $25,000 to provide additional Federal Emergency Management Agency certification assistance for the Levee Protection Planning and Improvements Project (CIP 327-657).

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 16th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 1 - Resolution

39 CITY OF FOSTER CITY
CONTRACT AMENDMENT NO. SIX (6)
DATE: September 16, 2024 Account No.: 327-0910-657-4251 PROJECT: LEVEE PROTECTION PLANNING AND IMPROVEMENTS PROJECT (CIP 327-657)
TO: SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS
Based on mutual agreement, the following work is hereby included in the Phase 3 Services Agreement for Construction Support dated November 16, 2020.

CHANGE REQUESTED BY: Schaaf & Wheeler and City of Foster City ORIGINAL CONTRACT AMOUNT $ 2,600,000
CONTRACT AMENDMENT NO. ONE (1) Apprvd. 05-03-2021
CONTRACT AMENDMENT NO.TWO (2) Apprvd. 05-17-2021
CONTRACT AMENDMENT NO. THREE (3) Apprvd. 04-04-2022
CONTRACT AMENDMENT NO. FOUR (4) Apprvd. 12-05-2022
$ 46,745

$ 162,000
$ 400,000
$ 760,000
CONTRACT AMENDMENT NO. FIVE (5) Apprvd. 06-20-2023 $ 388,000 AMOUNT OF CONTRACT TO DATE $ 4,356,745
AMOUNT OF AMENDMENT NO. SIX (6) $ 25,000
Additional work included in Contract Amendment #6:

Schaaf & Wheeler and the City of Foster City agree that additional services shall be added to the Scope of Work in the Agreement as described herein. Schaaf & Wheeler shall respond to the issues and request for additional data from Federal Emergency Management Agency (FEMA) dated July 21, 2024 so that the City can continue to pursue its request to FEMA for levee accreditation.

Schaaf & Wheeler will prepare the response to FEMA prior to the ninety (90) day deadline (October 19, 2024) in the manner described as follows:

6.3 Attachment 2 - Schaaf & Wheeler Contract Amendment No. Six (6)

40 FEMA Certification Assistance
Part 1- Current Information Request:

Schaaf & Wheeler will provide the following services in response to FEMA’s issues and request for data.

The compensation to be paid in exchange for completion of the scope of work to submit the requested data and respond to FEMA’s list of eight issues, shall not exceed $12,500 to be paid on a time and materials basis.

Issue Description Planned Response
1 Complete Section E of Form 3. “Riverine
Structures Form.”
Complete the form as requested.

2.3 Provide documentation of the San Mateo levee
system’s 2012 accreditation and its current
accreditation status.

Submit the 2012 LOMR that accredits the San
Mateo levee system and reframe narrative on how
the 2014 CCAMP does not change its
accreditation status.
4 Update submittal to reflect the updated San
Mateo Creek modeling submitted for a different
LOMR on May 29, 2024.

Submit the already completed and packaged data
for San Mateo in response to this request.
5 Submit an interior drainage analysis for all
potential interior flooring sources.

Submit the interior drainage analysis data for
Marina Lagoon and Foster City Lagoon, both
completed and accepted by FEMA in 2014. City
has verified no significant changes in Lagoon
operations since 2014. Schaaf & Wheeler will
work with San Mateo to incorporate any changed
operating procedures, as appropriate.

Part 2 – Additional Information Requests:

If FEMA requests additional data or identifies additional issues beyond what is identified in the above, the compensation shall not exceed $12,500 to be paid on a time and materials basis.

$ 12,500
$ 12,500
REVISED CONTRACT AMOUNT $4,381,745
Except as specifically modified herein, all other terms and provisions in the Agreement shall remain unchanged.
[Signatures on Next Page]

6.3 Attachment 2 - Schaaf & Wheeler Contract Amendment No. Six (6)

41 We, the undersigned consultant, have given careful consideration to the additional services proposed and hereby agree, if this proposal is approved, to provide all equipment, furnish all materials except as may otherwise be noted above, and to perform all services necessary for the work above specified, and to accept as the Not to Exceed amounts the prices shown above.

CITY OF FOSTER CITY

CONSULTANT: SCHAAF & WHEELER CONSULTING CIVIL

ENGINEERS
CHARLES D. ANDERSON DATE

PRESIDENT
APPROVAL RECOMMENDED:

STEFAN CHATWIN DATE

CITY MANAGER
APPROVAL FOR CITY:

PATRICK SULLIVAN DATE
MAYOR
ATTEST:

BY:

PRISCILLA SCHAUS

CITY CLERK

APPROVED AS TO FORM
BY:

BENJAMIN L. STOCK

CITY ATTORNEY

6.3 Attachment 2 - Schaaf & Wheeler Contract Amendment No. Six (6)

42 5
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DATE: September 16, 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 Manager

FROM: Priscilla Schaus, Communications Director/City Clerk DEPARTMENT: Communications/City Clerk
SUBJECT: DESIGNATED POSITIONS IN THE CITY/DISTRICT CONFLICT OF INTEREST CODE AND AB 1234 ETHICS TRAINING

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors adopt the attached City/District resolutions approving the Appendix dated September 16, 2024 to update the designated positions in the Conflict of Interest Code and to designate positions required to participate in AB 1234 Ethics Training.

EXECUTIVE SUMMARY
The Political Reform Act of 1974, approved by the voters, requires State and local government agencies to adopt a Conflict of Interest Code (“Code”). The City/District adopted a Code on February 7, 1983 pursuant to City Resolution No. 83-15 and EMID Resolution No. 1751. State law also requires the City/District to periodically update its Code by adopting by reference the terms of 2 California Code of Regulations §18730, as may, from time to time, be amended by the Fair Political Practices Commission (FPPC). The 2024 Local Agency Biennial Notice is required to be submitted to the City Council by October 1, 2024.

The Code must list each position within the City/District that makes or participates in the making of governmental decisions. Individuals employed in these positions are called “designated employees.” In addition, certain consultants to public agencies must also

6.4 6.4 Staff Report

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file disclosure forms because they make or participate in making governmental decisions on behalf of the City/District. Certain positions are not covered by the Code because they must file under California Government Code section 87200. Those positions are: City/District Attorney, City/District Manager, and Finance Director/City Treasurer, City Councilmembers/Board of Directors, City Planning Commissioners.

The Code reviewing body for the City/District is the Council/Board. Periodically, the Code reviewing body, by resolution, must update the list of designated employees listed in the Appendix and make any other changes needed to comply with State law. The Code Appendix was last updated on September 19, 2022. This year, 8 amendments are recommended.

First, the Code has been amended to add the newly added Administrative Services Director position. The employee in the position of Administrative Services Director will be required to file yearly statements of economic interest using Categories 1, 2, and 3.

Second, the Code has been amended to add the newly added Financial Services Manager, Fleet Supervisor, Human Resources Manager, Housing Coordinator, and Parks Supervisor positions. The employees in these positions will be required to file yearly statements of economic interest using Categories 4 and 6.

Third, the Code has been amended to remove certain positions that are no longer used or filled in the organization. Those positions are Accounting Manager and Economic Development Manager.

All necessary updates have been made and are shown in bold and/or strikeout in the attached Resolutions as required by the Fair Political Practices Commission.

It is recommended that City Council/EMID Board of Directors review and adopt the attached amendments to the City/District’s Conflict Code.

The resolution also includes a section regarding Assembly Bill (AB) 1234 Ethics Training requirements and designates local agency officials and certain employees who must receive the training. AB 1234 (Government Code section 53235) requires that if a local agency provides any type of compensation, salary or stipend to a member of a legislative body, or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties, then all local agency officials shall receive training in ethics pursuant to Government Code section 53235. Each local agency official is required to receive two hours of training in general ethics principles and ethic laws every two years. Currently the City Council and the Planning Commission are required to receive the ethics training. Historically, the City/District Manager and the City Attorney and Assistant City Attorney have also received the training.

Pursuant to Government Code section 53234(c)(2), the City Council may designate employees required to take the ethics training. The resolution would specify that all of

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the employees in the Appendix of the Code, as well as the City Manager and City Attorney, are required to take ethics training.

California Environmental Quality Act
The approval of the Code and AB 1234 training is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

FISCAL IMPACT
There is no fiscal impact associated with this action.

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

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Conflict of Interest Code
Attachment 4 – Appendix
Attachment 5 – Notice of Intention to Amend a Conflict of Interest Code

6.4 6.4 Staff Report

45 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING THE APPENDIX DATED SEPTEMBER 16, 2024 TO UPDATE THE DESIGNATED

POSITIONS IN THE CONFLICT OF INTEREST CODE AND TO FORMALIZE THE DESIGNATED POSITIONS REQUIRED TO PARTICIPATE IN AB 1234 ETHICS

TRAINING

CITY OF FOSTER CITY
WHEREAS, the Political Reform Act of 1974 (Government Code Sections 81000 et seq.) requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regulations Section 18730), which contains the terms of a standard Conflict of Interest Code and can be incorporated by reference in an agency’s code. After public notice and hearing, it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act; and
WHEREAS, therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix, designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of Foster City; and WHEREAS, designated officials and employees shall file statements of economic interests with the City Clerk or her designee for the City of Foster City, who will make the statements available for public inspection and reproduction (Government Code Section 81008). The City Clerk or her designee will retain statements for all designated officials and employees; and
WHEREAS, by adopting Resolution No. 83-15 on February 7, 1983, this Council adopted a Conflict of Interest Code for the City of Foster City, by adopting by reference, the terms of 2 Cal. Code of Regulations 18730, as may, from time to time be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act, and by also approving as an APPENDIX thereto, disclosure categories for certain designated positions with the City of Foster City; and WHEREAS, the APPENDIX containing the disclosure categories for the designated positions reflects current personnel status; and
WHEREAS, the Conflict of Interest Code has been reviewed and the changes shown as strikeout and bold are proposed;
WHEREAS, AB 1234 (Government Code section 53235) requires certain legislative bodies that receive compensation, salary or stipend to member of a legislative

6.4 Attachment 1 - City Resolution

46 body, to or are reimbursed expenses incurred by a member of the legislative body in the performance of their official duties are required to receive two hours of training in general ethics principles and ethic laws every two years. Currently the City Council and the Planning Commission are required to receive the ethics training although historically, the City Manager, City Attorney and Assistant City Attorney also receive the training.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FOSTER CITY that this Council, as code reviewing body for the City of Foster City, has determined that the attached Conflict of Interest Code and Appendix attached the accurately sets forth those positions which should be designated and the categories of financial interests which should be made reportable for each position; and BE IT FURTHER RESOLVED, that the Council hereby designates all of the positions listed in the APPENDIX, in addition to the City Manager and City Attorney, to be required to participate in the AB 1234 bi-annual training.

BE IT FURTHER RESOLVED that all former resolutions or parts thereof conflicting or inconsistent with the provisions of this resolution are hereby repealed.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 16th day of September, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
_________________________________

PRISCILLA SCHAUS, CITY CLERK

6.4 Attachment 1 - City Resolution

47 RESOLUTION NO.

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT APPROVING THE APPENDIX DATED SEPTEMBER 16, 2024 TO UPDATE THE DESIGNATED POSITIONS IN THE CONFLICT OF INTEREST

CODE AND TO FORMALIZE THE DESIGNATED POSITIONS REQUIRED TO PARTICIPATE IN AB 1234 ETHICS TRAINING

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Political Reform Act of 1974 (Government Code Sections 81000 et seq.) requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regulations Section 18730), which contains the terms of a standard Conflict of Interest Code and can be incorporated by reference in an agency’s code. After public notice and hearing, it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act; and
WHEREAS, therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix, designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Estero Municipal Improvement District; and WHEREAS, designated officials and employees shall file statements of economic interests with the District Secretary or her designee for the Estero Municipal Improvement District, who will make the statements available for public inspection and reproduction (Government Code Section 81008). The District Secretary or her designee will retain statements for all designated officials and employees; and WHEREAS, by adopting Resolution No. 1751 on February 7, 1983, this District Board adopted a Conflict of Interest Code for the Estero Municipal Improvement District, by adopting by reference, the terms of 2 Cal. Code of Regulations 18730, as may, from time to time be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act, and by also approving as an APPENDIX thereto, disclosure categories for certain designated positions with the Estero Municipal Improvement District; and
WHEREAS, the APPENDIX containing the disclosure categories for the designated positions reflects current personnel status; and WHEREAS, the Conflict of Interest Code has been reviewed and the changes shown as strikeout and bold are proposed;
WHEREAS, AB 1234 (Government Code section 53235) requires certain legislative bodies that receive compensation, salary or stipend to member of a legislative

6.4 Attachment 2 - EMID Resolution

48 body, to or are reimbursed expenses incurred by a member of the legislative body in the performance of their official duties are required to receive two hours of training in general ethics principles and ethic laws every two years. Currently the Board of Directors and the Planning Commission are required to receive the ethics training although historically, the District Manager, District Legal Counsel and Assistant District Legal Counsel also receive the training.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT, that this District Board, as code reviewing body for the Estero Municipal Improvement District, has determined that the attached Conflict of Interest Code and Appendix attached the accurately sets forth those positions which should be designated and the categories of financial interests which should be made reportable for each position; and
BE IT FURTHER RESOLVED, that the Board of Directors hereby designates all of the positions listed in the APPENDIX, in addition to the District Manager and District Legal Counsel, to be required to participate in the AB 1234 bi-annual training.

BE IT FURTHER RESOLVED that all former resolutions or parts thereof conflicting or inconsistent with the provisions of this resolution are hereby repealed.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 16th day of September, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.4 Attachment 2 - EMID Resolution

49 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(
a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

Th
e definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
1 6.4
Attachment 3 - Conflict of Interest Code

50 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

T
his code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.
1 S
uch persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's 2 6.4
Attachment 3 - Conflict of Interest Code

51 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.

T
he code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A
) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April

1. I
f a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
3 6.4
Attachment 3 - Conflict of Interest Code

52 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

An
y person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2
) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A
) Contents of Initial Statements.

I
nitial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
4 6.4
Attachment 3 - Conflict of Interest Code

53 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

L
eaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

S
tatements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

Wh
en an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following:

1. A statement of the nature of the investment or interest; 5 6.4
Attachment 3 - Conflict of Interest Code

54 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A s
tatement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50
or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. I
n the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain:

1. The name, address, and a general description of the business activity of the business e
ntity;
6 6.4
Attachment 3 - Conflict of Interest Code

55 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A
) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520. 7 6.4
Attachment 3 - Conflict of Interest Code

56 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A
) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from 8 6.4
Attachment 3 - Conflict of Interest Code

57 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.

This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. L
oans made to the campaign committee of an elected officer or candidate for elective o
ffice.

2. L
oans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 9 6.4
Attachment 3 - Conflict of Interest Code

58 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. L
oans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. L
oans made to the campaign committee of the elected officer.

2. L
oans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C
) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A
) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
10 6.4
Attachment 3 - Conflict of Interest Code

59 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. Th
e date the last payment of $100 or more was made on the loan. c. Th
e date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A l
oan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A l
oan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
11 6.4
Attachment 3 - Conflict of Interest Code

60 (9) Section 9. Disqualification.

N
o designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500
or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

N
o designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. 12 6.4
Attachment 3 - Conflict of Interest Code

61 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

I
n addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

W
hen a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

A
ny designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
13 6.4
Attachment 3 - Conflict of Interest Code

62 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.

However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
14 6.4
Attachment 3 - Conflict of Interest Code

63 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. N
ew section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).

C
ertificate of Compliance included.

2. E
ditorial correction (Register 80, No. 29).

3. A
mendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2 ).

4. A
mendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. A
mendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. A
mendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
15 6.4
Attachment 3 - Conflict of Interest Code

64 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13)
.

16. A
mendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 16 6.4
Attachment 3 - Conflict of Interest Code

65 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. A
mendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.

S
ubmitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).

23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.

66 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of History 24 (Register 2003, No. 12).

26. E
ditorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.

Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.

S
ubmitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of 18 6.4
Attachment 3 - Conflict of Interest Code

67 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.

Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.

34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, 19 6.4
Attachment 3 - Conflict of Interest Code

68 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

35. A
mendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).

36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).

37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b
)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b
)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 20 6.4
Attachment 3 - Conflict of Interest Code

69 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).
21 6.4
Attachment 3 - Conflict of Interest Code

70 APPENDIX
(Dated September 16, 2024)
Designated Positions
Reportable
Economic Interest
Category Numbers
(Attached Hereto)
Accounting Manager 4, 6
Administrative Services Director
Assistant City/District Manager
1, 2, 3
1, 2, 3
Assistant Finance Director 1, 2, 3
Building and Vehicle Maintenance Manager 4, 6
Chief Building Official 4, 5, 6
Communications Director/City Clerk/District Secretary 4, 6 Community Development Director 1, 2, 3
Assistant City Attorney/Assistant District Legal Counsel 1, 2, 3 Deputy City Manager 1, 2, 3
Economic Development Manager 1, 2, 3
Financial Services Manager 1, 2, 3
Fleet Supervisor 4, 6
Human Resources Manager 1, 2, 3
Housing Coordinator 4, 6
Information Technology Manager 4, 6
Parks and Recreation Director 1, 2, 3
Parks Maintenance Manager 4, 6
Parks Supervisor 4, 6
Planning Manager 4, 5, 6
Police Captain 5
Police Chief 1, 2, 3
Public Works Director 1, 2, 3
Public Works Maintenance Manager 1, 2, 3
Public Works Maintenance Superintendent 4, 6
Recreation Manager 4, 6
Engineering Manager 4, 6
Consultants/New Positions shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the Code (1, 2, 3) subject to the following limitation:
“The City/District Manager may determine in writing that a particular consultant or new position, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements descried in this section. Such written determination shall include a description of the consultant’s or new position’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City/District Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. (Government Code Section 81008.)”
**The following positions are NOT covered by the code because they must file under California Government Code §87200 and, therefore, are listed for informational 1 6.4
Attachment 4 - Appendix

71 purposes only: City/District Attorney, City/District Manager, and Finance Director/City Treasurer, City Councilmembers/Board of Directors, City Planning Commissioners.

CATEGORIES OF REPORTABLE ECONOMIC INTERESTS
Category 1. All-inclusive Reportable Investments
A des
ignated employee in this category shall disclose all reportable investments (worth more than $2,000):
a) O
wned by the designated employee, his or her spouse or dependent child; b) O
wned by an agent on behalf of the designated employee;
c) O
wned by any business entity controlled by the designated employee (i.e., any business entity in which the designated employee, his or her agents, spouse and dependent children hold more than a 50% ownership interest); d) O
wned by a trust in which the designated employee has a substantial interest (i.e., a trust in which the designated employee, his or her spouse and dependent children have a present or future interest worth more than $2,000); e) R
epresenting the pro rata share (worth more than $2,000) of the designated employee, his or her spouse and dependent children, of investments of any business entity or trust in which the designated employee, his or her spouse and dependent children own, directly, indirectly or beneficially, a 10% interest or greater. “
Investment" means any financial interest in or security issued by a City of Foster City/ Estero Municipal Improvement District-related business entity, including, but not limited to common stock, preferred stock, rights, warrants, options, debt instruments and any partnership or other ownership interest.

A
business entity is “City of Foster City/Estero Municipal Improvement District- related” if and only if the business entity or any parent, subsidiary or otherwise related business entity: i) has an interest in real property within the jurisdiction, ii) does business in the City of Foster City/Estero Municipal Improvement District, or iii) did business or plans to do business in the City of Foster City/Estero Municipal Improvement District at any time during the period commencing two years prior to and ending one year after the time the designated employee is required by this Code to file his or her next Statement of Economic Interests or to disqualify himself or herself with respect to a City of Foster City/Estero Municipal Improvement District decision. (The term “parent, subsidiary, or otherwise related business entity" shall be construed as specifically defined by the Commission.)
No a
sset is deemed an “investment" unless its fair market value exceeds $2,000. 2 6.4
Attachment 4 - Appendix

72 The term ”investment” does not include a time or demand deposit in a financial institution, shares in a credit union, any insurance policy, or any bond or other debt instrument issued by any government or government agency.

C
ategory 2. All-Inclusive Reportable Interests in Real Property A des
ignated employee in this category shall disclose all interests (worth more than $2,000) in real property located within the jurisdiction if the interests are:
a) He
ld or owned by the designated employee, his or her spouse and dependent child; or
b) T
he pro rata share (worth more than $2,000) of interests in real property of any business entity or trust in which the designated employee or spouse owns, directly or indirectly or beneficially, a 10% interest or greater. “
Interest in real property” includes any leasehold, beneficial or ownership interest, or any option to acquire such an interest, in real property, but does not include the principal residence of the filer.

R
eal property shall be deemed to be “located within the jurisdiction" if the property or any part of it is located within or not more than two miles outside the boundaries of the City of Foster City or the Estero Municipal Improvement District or within two miles of any land owned or used by the City of Foster City or the Estero Municipal Improvement District.

C
ategory 3. All-Inclusive Reportable Income
A
designated employee in this category shall disclose all income of the designated employee for any City of Foster City/Estero Municipal Improvement District- related source pursuant to the aggregate amount and gift limit outlined in 2 California Code of Regulations Section 18730 during the reporting period. a) “
Income" means, except as provided in subsection b), income of any nature from any City of Foster City/Estero Municipal Improvement District-related source, including but not limited to any salary, wage, advance, payment, honorarium, award, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness, discount in the price of anything of value unless the discount is available to members of the general public without regard to official status, rebate, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in income of a spouse from a City of Foster City/Estero Municipal Improvement District-related source. Income of an individual also includes a pro rata share of any income of any City of Foster City/Estero Municipal Improvement District-related business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a ten percent interest or greater.

A source, business entity or trust is “City of Foster City/Estero Municipal improvement District-related” if and only if he, she or it: (i) resides in the jurisdiction, 3 6.4
Attachment 4 - Appendix

73 (ii) has an interest in real property within the jurisdiction, (iii) does business in the City of Foster City/Estero Municipal Improvement District at any time during the period commencing two years prior to and ending one year after his or her next Statement of Economic Interests or to disqualify himself or herself with respect to a City of Foster City/Estero Municipal Improvement District decision. b) “Income” does not include:
(1) Campaign contributions required to be reported under Chapter 4 of the Act; (2) Salary and reimbursement for expenses or per diem received from a state or local government agency and reimbursement for travel expenses and per diem received from a bona fide educational, academic or charitable organization;
(3) Gifts of informational material, such as books, pamphlets, reports, calendars or periodicals;
(4) Gifts which are not used and which, within thirty days after receipt, are returned to the donor or delivered to a charitable organization without being claimed as a charitable contribution for tax purposes;
(5) Gifts from an individual’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, aunt, uncle, or first cousin or the spouse of any such person; provided that a gift from any such person shall be considered income if the donor is acting as an agent or intermediary for any person not covered by this paragraph; (6) Gifts of hospitality involving food, beverages, or lodging provided to the designated employee, if such hospitality has been reciprocated within the filing period. “Reciprocity” as used in this subsection includes the providing by the designated employee to the host of any consideration, including entertainment or household gift of a reasonable similar benefit or value; (7) Any devise or inheritance;
(8) Interest, dividends or premiums on a time or demand deposit in a financial institution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or government agency;
(9) Dividends, interest or any other return on a security which is registered with the Securities and Exchange Commission of the United States Government; and
(10) Loans by a commercial lending institution in the regular course of business. c) “
Honorarium" means a payment for speaking at any event, participating in a panel or seminar or engaging in any similar activity. For purposes of this subsection, free admission, food, beverages and similar nominal benefits provided to a filer at an event at which he or she speaks, participates in a panel or seminar, or performs a similar service, and reimbursement or advance for actual intra-state travel and for necessary accommodations provided directly in connection with the event are not payment and need not be reported by the designated employee.

An hon
orarium must be reported as a gift unless it is clear from all of the surrounding circumstances that the services provided represented equal or greater value than 4 6.4
Attachment 4 - Appendix

74 the payment received. If it is clear from the surrounding circumstances that the services provided were of equal or greater value than the payment received, the honorarium is income, not a gift. When the designated employee claims that the honorarium is not a gift, he shall have the burden of proving that the consideration is of equal or greater value unless the designated employee is a defendant in a criminal action.

A p
rize or an award shall be disclosed as a gift unless the prize or award is received on the basis of a bona fide competition not related to the designated employee’s official status. Prizes or awards which are not disclosed as gifts shall be disclosed as income.

C
ategory 4. Less-Inclusive Reportable Investments
A des
ignated employee in this category shall disclose those, and only those, Category 1 reportable investments which pertain to a business entity, a business activity of which is that of:
a) P
roviding within the last two (2) years, or foreseeable in the future, services, supplies, materials, machinery or equipment to the City of Foster City/Estero Municipal Improvement District.
b) Conducting a business in the City of Foster City/Estero Municipal Improvement District which requires a business license therefore pursuant to ordinances of the City/District.
c) Sale, purchase, exchange, lease or rental, or financing, for its own account or as broker, of real property or the development, syndication or subdivision of real property or construction thereon of buildings or structures.

C
ategory 5. Less-Inclusive Reportable Interests in Real Property A d
esignated employee in this category shall disclose those, and only those, Category 2 reportable interests in real property where the property or any part of it is located within or not more than 500 feet outside the boundaries of the City of Foster City and Estero Municipal Improvement District.

C
ategory 6. Less-Inclusive Types of Reportable Income
A
designated employee in this category shall disclose those, and only those types of Category 3 reportable income which are derived from a source, an activity of which is that of:
a) P
roviding within the last two (2) years, or foreseeable in the future, services, supplies, materials, machinery or equipment to the City of Foster City/Estero Municipal Improvement District.
b) Conducting a business in the City of Foster City/Estero Municipal Improvement District which requires a business license therefore pursuant to ordinances of the City/District.
5 6.4
Attachment 4 - Appendix

75 c) Sale, purchase, exchange, lease or rental, or financing, for its own account or as broker, of real property or the development, syndication, or subdivision, of real property or constriction thereon of buildings or structures. 6 6.4
Attachment 4 - Appendix

76 CITY OF FOSTER CITY

NOTICE OF INTENTION TO AMEND A

CONFLICT OF INTEREST CODE
NOTICE IS HEREBY GIVEN that the City of Foster City intends to amend a conflict of interest code pursuant to Government Code Section 87300 and 87306. Pursuant to Government Code Section 87302, the code will designate employees who must disclose certain investments, income, interests in real property and business positions, and who must disqualify themselves from making or participating in the making of governmental decisions affecting those interests.

This year, eight amendments are recommended.

Third, the Code has been amended to remove certain positions that are no longer used or filled in the organization. Those positions are Accounting Manager and Economic Development Manager.

All necessary updates have been made and are shown in bold and/or strikeout in the attached Appendix as required by the Fair Political Practices Commission.

Copies of the proposed code and all of the information upon which it is based may be obtained from the City of Foster City. Any inquiries concerning the proposed code should be directed to the City Clerk, (650) 286-3250; [email protected].

6.4 Attachment 5 - Notice of Intention to Amend a Conflict of Interest Code

77 4
5 0
DATE: September 16, 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: FOSTER CITY FOUNDATION FUND ANNUAL REPORT OF
FINANCIAL ACTIVITIES FOR FISCAL YEAR 2023-24

RECOMMENDATION
It is recommended the City Council/EMID Board of Directors (City Council), by Minute Order, receive and accept the Foster City Foundation Fund's annual report of financial activities for Fiscal Year 2023-24.

EXECUTIVE SUMMARY AND ANALYSIS
From time to time, the City/District receives donations/sponsorships from individuals or organizations. Such monies are held in the Foster City Foundation Fund. As stipulated in the City’s Donation Policy, the Finance Department shall issue an annual report summarizing the financial activities of the Foster City Foundation Fund. As a result, the financial activities of the Foster City Foundation Fund for Fiscal Year 2023-24 is provided in Attachment 1 and summarized below.

Total Receipts: $41,260.79
Total Disbursements, including credit card fees: $66,235.90 California Environmental Quality Act

6.5 6.5 Staff Report

78 4
5 0
Not Applicable

FISCAL IMPACT
There is no fiscal impact on the City Council's receipt and acceptance of this report.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Staff Empowerment and Operational Excellence
ATTACHMENTS:

Attachment 1 - Summary of Foster City Foundation Fund (as of June 30, 2024)

6.5 6.5 Staff Report

79 SUMMARY OF FOSTER CITY FOUNDATION FUND
As of June 30, 2024
Credit Card
Fiscal Year Department Donation Designation Revenues Expens e Fees Balance 23/24 Park & Rec Bench 7,000.00 526.16 6,473.84 23/24 Park & Rec Bike Ride 200.00 324.07 (124.07) 23/24 Park & Rec Community Events 222.17 (222.17) 23/24 Park & Rec Concert 21,742.00 21,947.92 174.95 (380.87) 23/24 Park & Rec Family Overnighter 200.00 200.00 23/24 Park & Rec FC Teen Center 1,628.79 3,722.85 744.16 (2,838.22) 23/24 Park & Rec 4th of July 3,550.00 33,375.00 63.12 (29,888.12) 23/24 Park & Rec Halloween Festival 2,140.00 2,066.25 16.88 56.87 23/24 Park & Rec Holiday Tree Lighting 200.00 1,102.07 (902.07) 23/24 Park & Rec Parks Maintenance 100.00 100.00 23/24 Park & Rec Tennis Court 2,000.00 2,000.00 23/24 Park & Rec Veterans Honor Walls 1,250.00 255.38 64.92 929.70 Total Park & Rec 40,010.79 63,541.87 1,064.03 (24,595.11) -
23/24 Police Explorer 610.00 (610.00)
23/24 Police PD-Unrestricted 500.00 500.00 23/24 Police FC Adopt-A-Unit -
Total Police 500.00 610.00 - (110.00) 23/24 PW PW-Unrestricted 750.00 1,020.00 (270.00) Total PW 750.00 1,020.00 - (270.00) Total FY 23/24 41,260.79 65,171.8 7 1,064.0 3 (24,975.11)

6.5 Attachment 1 - Summary of Foster City Foundation Fund (as of June 30, 2024)

80 SUMMARY OF FOSTER CITY FOUNDATION FUND
As of June 30, 2024
Credit Card
Fiscal Year Department Donation Designation Revenues Expens e Fees Balance As of 06/30/24 Park & Rec Arts and Culture 22,697.66 17,211.68 - 5,485.98 As of 06/30/24 Park & Rec Bench 173,276.64 68,146.33 945.00 104,185.31 As of 06/30/24 Park & Rec Bike Ride 740.00 324.07 1.25 414.68 As of 06/30/24 Park & Rec Building Maintenance 10,775.36 6,268.53 128.26 4,378.57 As of 06/30/24 Park & Rec Ceramics 695.00 695.00 - - As of 06/30/24 Park & Rec Community Events 500.00 222.17 - 277.83 As of 06/30/24 Park & Rec Concert 258,846.03 214,052.01 1,985.12 42,808.90 As of 06/30/24 Park & Rec Dog Park 4,171.00 4,000.00 - 171.00 As of 06/30/24 Park & Rec East Third Ave 179,765.49 179,765.49 - - As of 06/30/24 Park & Rec Family Overnighter 590.00 - 12.11 577.89 As of 06/30/24 Park & Rec FC Teen Center 169,663.05 55,410.83 818.59 113,433.63 As of 06/30/24 Park & Rec 4th of July 91,870.11 54,546.52 1,005.95 36,317.64 As of 06/30/24 Park & Rec Halloween Festival 14,953.00 7,427.14 71.35 7,454.51 As of 06/30/24 Park & Rec Holiday Tree Lighting 1,871.48 1,326.77 1.25 543.46 As of 06/30/24 Park & Rec Neighbor Nights 2,077.46 - 30.00 2,047.46 As of 06/30/24 Park & Rec Parks Maintenance 87,243.00 81,851.50 - 5,391.50 As of 06/30/24 Park & Rec Pickleball Court 530.00 - - 530.00 As of 06/30/24 Park & Rec Senior Bus Program 32,500.00 30,000.00 - 2,500.00 As of 06/30/24 Park & Rec Senior Express Bus Replacement 8,000.00 - - 8,000.00 As of 06/30/24 Park & Rec Senior Program 8,716.00 4,706.71 0.60 4,008.69 As of 06/30/24 Park & Rec Shade Structure @ Shorebird Park 30,000.00 30,000.00 - - As of 06/30/24 Park & Rec Synthetic Turf 908,805.05 908,805.05 - (0.00) As of 06/30/24 Park & Rec Table Tennis Equipment 2,650.00 2,550.00 - 100.00 As of 06/30/24 Park & Rec Tennis Court 49,482.29 26,432.29 - 23,050.00 As of 06/30/24 Park & Rec Veteran Honor Walls 52,922.76 48,574.88 453.42 3,894.46 Total Park & Rec 2,113,341.38 1,742,316.97 5,452.90 365,571.51 As of 06/30/24 Police Citizen's Police Academy 300.00 300.00 - - As of 06/30/24 Police Youth Outreach/GREAT 7,690.94 5,371.62 - 2,319.32 As of 06/30/24 Police Explorer 14,000.00 5,199.33 - 8,800.67 As of 06/30/24 Police PD-Unrestricted 93,916.34 85,621.24 - 8,295.10 As of 06/30/24 Police FC Adopt-A-Unit 500.00 500.00 - - Total Police 116,407.28 96,992.19 - 19,415.09 As of 06/30/24 Fire Non-CERT 2,600.73 - - 2,600.73 Total Fire 2,600.73 - - 2,600.73 As of 06/30/24 PW PW-Unrestricted 3,000.00 3,000.00 - - Total PW 3,000.00 3,000.00 - - As of 06/30/24 FCTV FCTV Programs 400.00 - - 400.00 Total FCTV 400.00 - - 400.00 As of 06/30/24 HR Employee Appreciation Event 7,502.50 7,502.50 - - Total Employee Appreciation 7,502.50 7,502.50 - - Grand Total as of 06/30/2024 2,243,251.89 1,849,811.6 6 5,452.9 0 387,987.3 3

6.5 Attachment 1 - Summary of Foster City Foundation Fund (as of June 30, 2024)

81 7
1 5
DATE: September 16, 2024

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

FROM: Priscilla Schaus, Communications Director/City Clerk DEPARTMENT: Communications/City Clerk
SUBJECT: PUBLIC COMMENT VIA TELECONFERENCE (ZOOM) AT

PUBLIC MEETINGS

RECOMMENDATION
It is recommended that the City Council, by Minute Order, provide policy direction on whether to continue or discontinue accepting public comments via Zoom at future City Council and commission/committee meetings, except where remote public comments are necessary because of legal considerations or emergency circumstances.

BACKGROUND/ANALYSIS
At the Regular City Council meeting of June 17 2024, Councilmember Froomin requested to agendize the discontinuation of public comment via teleconference and received support from Mayor Sullivan and Vice Mayor Jimenez to agendize the item.

The Brown Act (CA Government Code Sections 54950 et seq.) requires that the City Council conduct business in open, public, and noticed meetings. The City is not obligated to provide Zoom participation options in its regular meetings.

In 2020, COVID-19 shutdowns restricted in person gatherings throughout the City of Foster City and beyond. In an effort to hold public meetings and allow for public comment, the City decided to start hosting virtual meetings. When the shutdowns were lifted, the City was one among the first cities in the County to adopt a hybrid model, combining in person meetings with virtual participation.

7.1 7.1 Staff Report

82 7
1 5
While the virtual public comment assisted in keeping the public engaged, it has led to some unintended consequences, particularly “Zoom Bombings.” Foster City was subject to a Zoom bombing incident at its June 3, 2024 meeting. There were some other instances in the past when these disruptions have occurred. These disruptions involve anonymous callers making offensive, racist, antisemitic, or profane comments via Zoom.

Such incidents have forced many cities to prolong their meetings by hearing disruptive comments not within the City’s subject matter or end their meetings prematurely, impeding the Council’s ability to address City agenda items and conduct City business.

Currently, the public can provide feedback to the City Council in the following ways:
• Attend meetings in person and provide verbal comments; • Email the City Council prior to the meeting by sending their comments to [email protected]. These comments are not read into the record during the meeting, but are uploaded to the meeting supplemental documents, and included in the meeting minutes; and
• Provide virtual comments verbally via Zoom.

Given City Council’s interest to prevent the occurrence of these issues, staff is seeking City Council direction on whether to continue or discontinue accepting public comments via Zoom. If public comments on Zoom were not offered, the public would still have the option to either come to a Council meeting in person to provide verbal comments or email [email protected] and their comment would be provided to the City Council prior to the meeting and included in the meeting minutes. Similar to when the City Council transitioned to hybrid meetings, staff is recommending that the City Council make a decision whether to continue or discontinue accepting public comments via Zoom, and have that decision apply to Council meetings and all commission/committee meetings that are being held in a hybrid format. Affected commission/committee meetings would include the Planning Commission, Citizens Sustainability Advisory Committee, and Parks and Recreation Committee.

City staff notes that there may be times where remote public comments are necessary because of legal considerations or emergency circumstances. For example, the City will be conducting public hearings in October and November to transition to district-based elections. In order to encourage public engagement in that process, City staff is planning to offer remote public comment via zoom, consistent with the requirements for redistricting in the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (FAIR Maps Act) and consistent with the general intent of the California Voting Rights Act. Moreover, there may be emergency circumstances that warrant a completely remote meeting and/or remote participation by the public, such as during periods of proclaimed states of emergency where state or local officials have imposed or recommended social distancing.

If the Council is inclined to provide direction to no longer allow public comment via Zoom, then the Council should allow exceptions in those circumstances where remote public comments are necessary because of legal considerations or emergency circumstances. The City Manager, in consultation with the City Attorney would

7.1 7.1 Staff Report

83 7
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generally make the determination whether public comment via Zoom should be allowed in those circumstances.

If Council provides direction to no longer allow public comment via Zoom, staff will ensure that the public is notified of this decision via the following channels:
•City Council and Commission/Committee agendas
•E-News
•City Website
•Social Media
California Environmental Quality Act
Not Applicable

FISCAL IMPACT
There is no fiscal impact with this action.

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

None

7.1 7.1 Staff Report

84 DATE: September 16, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Derek Schweigart, Parks and Recreation Director
DEPARTMENT: Parks and Recreation
SUBJECT: RECREATION CENTER REBUILD PROJECT (CIP 301-678) –

RECREATION CENTER NAMING

RECOMMENDATION
It is recommended that the City Council, by Minute Order, receive and accept the report on the Recreation Center Rebuild Project (Project) and provide policy direction on whether to change the current name of the “William E. Walker Recreation Center” to the “Foster City Community Center” and to direct staff to develop and implement alternative methods of commemorating William E. Walker and other members of the Foster City community whose significant contributions were instrumental in the Recreation Center’s various phases of development since 1974.

EXECUTIVE SUMMARY
The William E. Walker Recreation Center was named in 1997 after the center was remodeled, in recognition of Mr. Walker's contributions to the city and the development of the Recreation Center.

In the years following the naming of the Recreation Center, various City Councils had discussions about the naming of public facilities in response to several requests from the public to rename other City facilities including the sports fields at Sea Cloud Park. In response, the City began to take steps to limit the naming of any public facility after an individual or organization and on August 6, 2001, the City Council unanimously passed and adopted an ordinance prohibiting naming of public buildings, parks, sports

8.1 8.1 Staff Report

85 fields, streets, pedways, or plazas after individuals or organizations. This decision was later affirmed in 2014 when the City Council revisited the facility naming policy.

In 2023, during the extensive community engagement and design process for the Recreation Center Rebuild Project, there were suggestions from community members and leaders about renaming the current Recreation Center to "Community Center" to better reflect its purpose in fostering community in Foster City.

Staff requests that City Council provide policy direction on whether to rename the “William E. Walker Recreation Center” to the Foster City Community Center or consider other options provided by staff. If the City Council decides to change the facility's name, staff recommends developing and implementing alternative methods to commemorate William E. Walker and other significant contributors to the Recreation Center since 1974.

BACKGROUND
Known as the Foster City Community Recreation Center, the building was first dedicated 50 years ago in 1974. Renovations in 1995 combined two existing buildings under one roof, and subsequent addition in 1998 added additional space for the “Senior Wing”.

In 1997, when the Recreation Center was being remodeled, the City elected to change the name of the Recreation Center to the William E. Walker Recreation Center for Mr.

Walker’s contributions to the City of Foster City including his election to the Board of Directors of the Estero Municipal Improvement District in 1969, and election to the City Council in 1971 where he served as Mayor/President June, 1972 to August, 1973. He also served as the 1st chair of the Parks and Recreation Committee and was instrumental in the development of the original Recreation Center facility.

During the years between 1995 to 2002, various City Council’s discussed the renaming of parks, playfields, and public facilities. The City Council thought it was necessary to address the issue of renaming parks and/or public facilities after a request to rename the Recreation Center to the William Walker Recreation Center was approved by the City Council. This was followed by requests to rename the sports fields at Sea Cloud Park in 1999. The City Council directed staff to draft an amendment to Chapter 12.04 of the Municipal Code which would prohibit naming of public buildings, parks, sports fields, streets, pedways, or plazas after individuals or organizations. The amendment was introduced on July 16, 2001, and unanimously passed and adopted on August 6, 2001.

The City Council was supportive of other ways to acknowledge contributions made by citizens which led to the creation of the Sports Wall of Fame at Sea Cloud Park and the Foster City Community Wall of Fame.

On November 3, 2014, the City Council revisited the facility naming policy and took no action to change it.

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86 At the regular City Council meeting on September 3, 2024, the City Council awarded a construction contract to BHM Construction, LLC, a key milestone for the Project which sets in motion the 20-month construction phase. Following this important decision, discussion regarding the facility’s naming is timely prior to construction and development of various shop drawings for the facility’s signage.

ANALYSIS
In 2023, during the extensive community engagement and design process for the Project, there were community members and leaders who inquired whether the current Recreation Center should be appropriately named “Community Center” given the main purpose for the facility in helping to create and nurture community in Foster City. In fact, during the conceptual design phase for the project, there was a consistent theme of “Community” that emerged from the feedback which was nicely demonstrated by a wordle exercise which characterized the public’s sentiment about the project.

Parks and Recreation facilities are no longer just a place for people to recreate to attend a class, program, or a meeting, but they are commonly referred to by urban planners as “third places”, a term coined by sociologist Ray Oldenburg, which play a critical role in strengthening residents’ sense of community. There are lots of examples of third places in our community including parks, recreation centers, churches, gyms, coffee shops, hairdressers, and can even be found virtually through Facebook, TikTok etc. Community Centers that are being envisioned and built today are referred to as the “Community’s Living Room”, where everyone is welcome to enjoy the facility whether one is participating in a class or not, where one may engage with others, socialize, and can reap the significant mental and physical benefits that the facility’s amenities can provide.

While Foster City lacks a downtown area for community gathering, Leo J. Ryan Park serves as a focal point and central location for the community to gather for such things as the summer concert series, the 4th of July event, Summer Days and the Rubber Ducky Races and is the location for many community and cultural festivals throughout the year.

While the current Recreation Center has served as a place for the public to participate in a recreation class, attend a meeting or host a private event or party, the

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87 new Recreation Center will serve the community more broadly as an iconic landmark and community hub for all to enjoy.

The construction of a new public facility provides an opportunity to re-envision and rethink how the facility will serve the community and how it will be identified by the public. Given the feedback the Project received concerning the facility naming during the community engagement process, staff is recommending that the City Council consider revisiting the Recreation Center’s naming since there will be design considerations for the signage that need to be accounted for prior to awarding a construction contract.

Staff have presented several naming options for Council’s consideration. Policy direction is needed because there are design and construction considerations for the signage for the Project. The following are several options for the City Council to consider for facility naming along with renderings that communicate how facility signage would appear in the various options.

1. William E. Walker Recreation Center (No change)

2. Foster City Recreation Center, with William E. Walker acknowledgement

3. Foster City Recreation Center, without William E. Walker acknowledgement

4. Foster City Community Center, with William E. Walker acknowledgement

5. William E. Walker Community Center

6. Foster City Community Center

7. Other?
Option 1 – William E. Walker Recreation Center (No change). This option maintains the current name for the Recreation Center and is shown in the rendering below.

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88 Option 2 – Foster City Recreation Center. This option changes the name from William E. Walker Recreation Center to Foster City Recreation Center while still acknowledging William E. Walker. This approach seeks to maintain how the current building is referred to by the public which is either “Foster City Recreation Center” or just “Recreation Center”.

Option 3 – Foster City Recreation Center. This option is similar to Option 2 but does not acknowledge William E. Walker in the facility name or the building signage. In this option, staff would propose alternative ways of recognizing Mr. Walker’s contributions to the Recreation Center along with others who have made similar contributions.

Due to the sensitive nature of removing Mr. Walker’s distinction from the facility name, staff attempted to contact any remaining family members to advise of the possible change. Staff did an extensive search in the RecTrac Recreation customer database, comprehensive searches online, conducted outreach to other departments including City Manager and City Clerk, and reached out to the Foster City Historical Society, and even former Foster City City Managers such as Jim Hardy and Kevin Miller. Staff was unable to locate or contact any remaining family members.

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89 Option 4 – Foster City Community Center. This option changes the name of the facility to Foster City Community Center, while still acknowledging William E. Walker on the building signage.

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90 Option 5 – William E. Walker Community Center. This option changes the current name from Recreation Center to Community Center while maintaining “William E. Walker” in the facility name.

Option 6 – Foster City Community Center. This option changes the current name of William E. Walker Recreation Center to Foster City Community Center.

If the City Council takes action to change the Recreation Center name to “Community Center”, staff will return with naming options for the current Community Center which shares the same building as the Foster City Library. The current "Community Center” currently serves as a meeting room space and inaccurately named given its current function. Some preliminary ideas include: Foster City Library Annex, Foster City

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91 Community Center Anex, Foster City Meeting Center, Foster City Community Center Library Wing.

CEQA
Not Applicable

FISCAL IMPACT
There is no fiscal impact related to the requested policy direction on the Recreation Center’s renaming.

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

Attachment 1 – Proposed Facility Naming Slide Deck

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92 1 Foster City Recreation Center PMT 33 MAY 22, 2024

RECREATION CENTER RENAMING OPTIONS
▪ Option 1 – William E. Walker Recreation Center (No Change) ▪ Option 2 – Foster City Recreation Center, William E. Walker ▪ Option 3 – Foster City Recreation Center
▪ Option 4 – Foster City Community Center, William E. Walker ▪ Option 5 - William E. Walker Community Center
▪ Option 6 – Foster City Community Center
1 2 3 4

ALUMINUM LETTER HEIGHTS
• 8” & 6” ON BUILDING
• 12” ON CANOPY
5 6

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93 2 Foster City Recreation Center PMT 33 MAY 22, 2024 FACILITY NAMING OPTION # 1
“WILLIAM E. WALKER RECREATION CENTER”

8.1 Attachment 1- Proposed Facility Naming Slide Deck

94 3 Foster City Recreation Center PMT 33 MAY 22, 2024 FACILITY NAMING OPTION # 2
“FOSTER CITY RECREATION CENTER, William E. Walker”

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95 4 Foster City Recreation Center PMT 33 MAY 22, 2024 FACILITY NAMING OPTION # 3
“FOSTER CITY RECREATION CENTER”

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96 5 Foster City Recreation Center PMT 33 MAY 22, 2024 FACILITY NAMING OPTION # 4
“FOSTER CITY COMMUNITY CENTER, William E. Walker”

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97 6 Foster City Recreation Center PMT 33 MAY 22, 2024 FACILITY NAMING OPTION # 5
“WILLIAM E. WALKER, COMMUNITY CENTER”

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98 7 Foster City Recreation Center PMT 33 MAY 22, 2024 FACILITY NAMING OPTION # 6
“FOSTER CITY COMMUNITY CENTER”

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99 DATE: September 16, 2024

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

FROM: Diane Pitman, Administrative Services Director
Rob Lasky, IT Manager
DEPARTMENT: Administrative Services
SUBJECT: PRESENTATION OF INFORMATION TECHNOLOGY (IT)

STRATEGIC PLAN

RECOMMENDATION
It is recommended that the City Council, by Minute Order, receive and accept the Information Technology Strategic Plan.

EXECUTIVE SUMMARY
The attached Information Technology Strategic Plan document represents the culmination of a consulting engagement with Avero LLC. The document contains a coordinated, prioritized, multi-year, Citywide list of IT major projects that can be used as a roadmap for the City‘s IT Division.

BACKGROUND/ANALYSIS
As technology has become increasingly important to the delivery of City services, an IT Strategic Plan can help to map the future of Foster City IT, ensuring technology aligns with the City’s strategic priorities.

On April 1, 2024, the City Council approved an agreement with Avero LLC for consulting services to develop an Information Technology Strategic Plan. Over the past few months, Avero scheduled extensive interviews with stakeholders from each department, and collected information from the IT Division regarding current IT

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operations. After analyzing the collected data and comparing to best practices, Avero developed the attached document.

In addition to providing a coordinated, prioritized, multi-year, City-wide set of goals that can be used as a roadmap for the City’s IT Division, the IT Strategic Plan will continue to be referenced to measure progress toward completion of the goals contained within the plan.

The document is laid out in four sections:

1.Security First

2.Digital City Experience

3.Infrastructure Resiliency

4.Data-Driven Decisions
Each section contains multiple IT projects identified by the consultant to address gaps in our current operations. Each project follows a template that includes:
•Urgency (color)
•Gaps addressed
•Action steps
•Prerequisites
•Stakeholders
•Resources needed
•Estimated cost
•Estimated timeline
•Impact statement
Although this document provides rough cost estimates for the projects, allocation of the funds is not being requested with this agenda item. Budgeting for these projects would instead occur during the annual budget process for the fiscal year that each project is planned.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
There is no fiscal impact related to receiving and accepting the report.

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

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ATTACHMENTS:

Attachment 1 – Information Technology Strategic Plan

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City of FosterCity, California
Information Technology Strategic Plan
512 WEST BROADWAY AVENUE
MARYVILLE, TN 37801
865.415.3848
averoadvisors.com
August 23,2024

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Table of Contents
I. Executive Summary.....................................................................................................................................................................2 A. Project Overview.....................................................................................................................................................................2 B. Current State.............................................................................................................................................................................3 C. Framework..................................................................................................................................................................................3

1. Security First....................................................................................................................................................................4

2. Digital City Experience .............................................................................................................................................4

3. Infrastructure Resiliency.........................................................................................................................................4

4. Data-Driven Decisions.............................................................................................................................................5 D. Approach and Methodology .........................................................................................................................................5

1. Phase 1 – Discovery Services...............................................................................................................................7

2. Phase 2– Critical Analysis......................................................................................................................................7

3. Phase 3 – Recommendations and Action Steps...................................................................................7 II. IT Strategic Roadmap ..............................................................................................................................................................8 A. IT Modernization Strategies & Action Items.........................................................................................................8 B. IT Strategic Roadmap.........................................................................................................................................................8 III. IT Strategic Plan .........................................................................................................................................................................12 A. Overview .....................................................................................................................................................................................12 B. Security First .............................................................................................................................................................................14 C. Digital City Experience ....................................................................................................................................................35 C. Infrastructure Resiliency................................................................................................................................................44 D. Data-Driven Decisions ....................................................................................................................................................52 IV. Conclusion...................................................................................................................................................................................72

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I. Executive Summary
A. Project Overview
The City of Foster City, nestled in the heart of California’s San Mateo County, blends innovative urban planning with scenic charm. Its unique network of canals and lagoons features striking waterways, drawing water enthusiasts and nature lovers alike. The meticulously designed neighborhoods showcase contemporary architecture, offering a glimpse into Foster City's modern lifestyle. Diverse landscapes, from well-maintained parks to waterfront activities, create opportunities for outdoor pursuits, including kayaking, sailing, and birdwatching. Foster City embodies a tranquil retreat from urban life while preserving its unique, planned community traditions.

The City’s leadership, including the City Manager’s Office, Communications, City Clerk, Financial Services, Human Resources, Parks & Recreation, Police Department, and Public Works, is committed to establishing a strategic roadmap that enhances the Information Technology Services (ITS) Department's efficiency in meeting The City’s technology needs.

This plan aims to empower both the ITS team and City Departments by assessing operational strengths and weaknesses while outlining the IT strategic direction. Recognizing the imperative for a comprehensive IT Assessment, Foster City seeks to contrast its existing technology infrastructure with current industry standards and emerging technological trends. This assessment forms the foundation for a strategic plan aimed at leveraging technology with innovative techniques, ensuring efficient staffing levels, and optimal resource allocation.

The IT Assessment conducted by Avèro Advisors evaluated the City’s current technology landscape, identified gaps, and recommends innovative solutions. This holistic approach not only bridges existing technology disparities, but also streamlines service delivery. The findings from this assessment will serve as a catalyst for enhancing technology utilization, allowing Foster City to maximize its potential while delivering services that meet the evolving needs of the community.

B. Current State
Avèro Advisors has identified that Foster City has ample opportunity to enhance its end-user experience by increasing the efficiency of its business systems in place, as well as the IT service delivery offered by Foster City. To improve efficiency, Avèro has outlined steps to

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transition from siloed processes to an innovative collaborative digital environment. This assessment aims to identify gaps in the efficiency of the ITS Department and provide industry best practices to develop a comprehensive plan to overcome human, hardware, and software limitations for business systems optimization. Implementing these strategies will significantly reduce the inefficiencies present in Foster City’s current technology landscape and promote a business-savvy, Citizen-friendly, and process-mature community.

C. Framework
The IT Modernization Framework (Figure 1) is comprised of four (4) overarching strategies based upon industry best practices, which highlight the essential framework for a resilient, secure, efficient, and transparent technology infrastructure at Foster City:

Figure 1 – IT Modernization Framework

SECURITY FIRST

INFRASTRUCTURE RESILIENCY

DATA-DRIVEN DECISIONS

DIGITAL CITY EXPERIENCE

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1. Security First
Cybersecurity and its importance cannot be overstated in today’s climate. Nearly every day, we see the havoc a cyber-attack can have on government organizations worldwide.

Organizations must be prepared to respond to cyber threats and security events, although the best course of action is perhaps the oldest – “Prevention is better than the cure.” Foster City will be better prepared to weather cyber events that come its way by implementing “Security First.” Ransomware, phishing, crypto-scams, and many other threats will not decrease in the near future. If anything, data shows that adversaries and their “armies of robots” are becoming more robust, more intelligent, and more persistent in launching attacks and enhancing threats to our public infrastructure.

In the optimized Future State, Foster City will be equipped with the hardware, software, and management sophistication to prevent threats and recover from any cyber event. The City will bolster the exterior and interior defenses using a layered cybersecurity framework.

2. Digital City Experience
Traditionally, government agencies have been more cautious regarding the adoption of newer technologies. A popular theory in IT was, “If it’s not broken, don’t fix it.” The Citizens and employees of Foster City have continued to rely on limited business processes and workflows to conduct business. With this Strategic Plan, the City can move away from these processes to streamline business. Harnessing the strategies included in The City’s IT Strategic Plan, the City will build on efforts to deliver a “Digital City Experience” that modernizes the Citizen experience in many ways. Requesting paying bills, applying for permits, and other opportunities will be quickly and easily accessible at their fingertips. The digital conveniences that Foster City Citizens enjoy in their personal lives will continue to be enhanced in their various touchpoints with the City.

3. Infrastructure Resiliency
Much like our roads, schools, and administrative buildings, the City’s IT infrastructure requires regular modernization efforts and resiliency planning over an extended period of time. Fiber- optic networks, servers, storage devices, computers, firewalls, and other networking equipment require a capital investment plan, similar to maintenance plans in other critical community assets. The City should not wait until there is an overwhelming need for repair; instead, The City should take a proactive approach to plan for infrastructure improvements.

Avèro’s IT Strategic Plan calls for The City’s infrastructure to be resilient through effective asset management and a service-oriented delivery of technology tools. Strategies for infrastructure resiliency include:

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IT Services Management – deliver and manage IT Services in line with industry best practices and standards
IT Asset Management – know what assets are available when replacements are needed, and how to perform such work
IT Software Deployment – implement and redeploy software and security updates without disruption to end-users, Citizens, and businesses

4. Data-Driven Decisions
All modern enterprise software systems used for daily operations are designed to collect valuable data. For example, whenever time sheets are approved, a data set is created. A data point is created when a Citizen pays a utility bill. Once the City optimizes its enterprise applications, HTE NaviLine, a critical element of the strategy will be using data to advise and drive critical decisions. Based on historical data and predictive analytics tools embedded in modern financial and land management systems, the City can make decisions on hard data, not heuristics or assumptions. After implementing the IT strategic roadmap, the City will maximize the functional capabilities of existing technologies and further utilize enterprise software solutions that will make data-driven decision-making possible at every level of the organization.

D. Approach and Methodology
For this engagement, Avèro Advisors was tasked with developing an IT Strategic Plan through the execution of the following objectives as set forth by the City:
●Review equipment, systems, and programs to compare existing technology infrastructure with current industry standards and assess service approach as compared with best practices.
●Review and provide analysis of Foster City’s approach to services, compare current approach to relevant IT-centric best practices, and provide analysis of Foster City’s ability to provide such services based on current staffing levels, training, and collective skill pool.
●Identify gaps and provide recommendations and logical action steps achievable based on existing resources and future initiatives.

As part of this engagement, Avèro Advisors utilized a three-dimensional approach, namely People, Process, and Technology (PPT), to develop a high-level understanding of the current state of technology within The City. Applying this approach enabled Avèro to understand the

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execution of different tasks across the organization using available technology, technology- enabled decision-making processes, and City operations’ overall efficiency and effectiveness.

Figure 2 – Project Methodology shows that the following activities were executed across multiple phases to develop The City’s IT Strategic Plan.

FIGURE 2 – PROJECT METHODOLOGY

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1. Phase 1 – Discovery Services
During Phase 1, Avèro Advisors conducted “Discovery” sessions with the ITS Department and department directors from across the City. These interactive data-gathering sessions provided insights into the current state (“AS-IS”) of IT service delivery at the City. Discovery focused on the People, Process, and Technology used to execute critical business processes, both within and across all City departments. This phase assessed the state of cybersecurity practices to evaluate potential risks within the City. Avèro also facilitated “IT Modernization Visioning” sessions in tandem with the Discovery sessions to capture “wish list” items related to technology optimization in the future state (“TO-BE”) at the City.

2. Phase 2– Critical Analysis
During Phase 2, Avèro Advisors conducted an Analysis of Current State & Future State, including a Gap Analysis based upon data gathered during the “Discovery” sessions. The Gap Analysis focused on analyzing current state data for People, Processes, and Technology, and reporting on the inherent gaps between the existing current state and the desired future state of IT in relation to industry best practices.

3. Phase 3 – Recommendations and Action Steps
During Phase 3, Avèro then developed IT Modernization Strategies in response to the Gaps identified and facilitated an interactive review session with the City to finalize the prioritization of the IT Strategic Roadmap. Finally, Avèro developed the IT Strategic Plan, which includes the IT Strategic Roadmap. The IT Strategic Plan includes an action plan for each strategy identified in the IT Strategic Roadmap. The detailed template showcases each IT Strategy, an action plan for implementation, the gaps being addressed, resources required, any prerequisites, stakeholder groups involved, and an impact statement detailing the value that the strategy is bringing to the City.

Avèro Advisors strongly recommends that Foster City and the Executive Management Team adopt this IT Strategic Plan as The City’s definitive guide for future IT strategy implementation over the next three (3) years. Avèro would like to note that as the City’s needs evolve, the timeline of the strategies is subject to change. It is also recommended that The City conduct a semi-annual (twice a year) review to “refresh” this IT Strategic Plan to ensure that the strategies remain in line with The City’s mission, vision, innovations, and industry best practices.

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II. IT Strategic Roadmap
A. IT Modernization Strategies & Action Items
The IT Strategic Roadmap is comprised of four (4) overarching IT Modernization Strategies based upon industry best practices. The proposed strategies resolve the gaps identified in Phase 2’s Analysis of Current State & Future State. They are also based on the City’s priorities, business needs, and goals and consider the interests of City stakeholder groups. Further, the IT Modernization Strategies identify opportunities to build operational efficiencies through integrated enterprise technology, improve access to data in real-time for informed decision- making, enhance cybersecurity, and expand citizen access to City services through digital experience.

B. IT Strategic Roadmap
As shown in Figure 3, the IT Strategic Roadmap will guide Foster City in its investments of technology resources for the next three (3) years, including strategies that address operational and infrastructure concerns identified in the Current State Assessment. The corresponding Action Items support the implementation of each IT Modernization Strategy for The City. Avèro Advisors has developed an IT Assessment & Strategic Roadmap based upon the prioritized IT Strategic Roadmap of IT Modernization Strategies, which subsequently appears in Section III – IT Strategic Plan.

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SECURITY FIRST
Cybersecurity is crucial for a city because it protects sensitive data and critical infrastructure from cyber threats, ensuring the continuity of essential services such as water, power, and emergency response. Additionally, robust cybersecurity measures safeguard residents' personal information, fostering trust and maintaining public safety. •Conduct Semi-Annual Reviews of Cybersecurity Plan
•Update IT Policies & Procedures
•Introduce IT Governance
•Develop and Document a Clear IT Succession Plan
•Implement and Deploy Multi-Factor Authentication
•Achieve PCI Compliance
•Perform an Audit of all information Housed within “Randy-Ware” Software •Review City Wide Physical Security Plan

DIGITAL CITY EXPERIENCE
A robust digital city experience is vital as it enhances the efficiency and accessibility of urban services, making daily life more convenient for residents. By integrating technology into public services, cities can streamline operations, reduce costs, and improve citizen engagement and satisfaction. Furthermore, a seamless digital experience attracts businesses and tourism, driving economic growth and innovation. •Optimize Website
•Implement City Council Vote Tracking Technologies
•Implement Internet of Things (IoT) Devices
•Implement Agenda Management Software
•Implement A.I. Meeting Minutes Software

INFRASTRUCTURE RESILIENCY
Infrastructure resiliency is crucial for a city because it ensures the ability to withstand and quickly recover from disruptions, such as natural disasters or cyberattacks. Resilient infrastructure protects public safety, maintains essential services, and supports economic stability. Additionally, it enhances community confidence and preparedness, promoting a robust and sustainable urban environment.
•Upgrade / Replace Outdated Hardware
•Perform Battery Replacements for the UPS
•Evaluate Software as a Service (SaaS) Migration Opportunities •Implement a Modernized Phone System

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•Standardize Hardware and Software Usage

DATA-DRIVEN DECISIONS
Data-driven decisions empower a city to allocate resources more efficiently, address community needs effectively, and plan for future growth with precision. By analyzing data, city officials can identify trends, optimize public services, and implement policies that enhance the quality of life for residents. This strategic use of data fosters transparency, accountability, and informed decision-making.
•ERP Replacement Planning
•Implement New ERP System
•Optimize and Integrate Current Systems:
•Establish Document Management Standards-Laserfiche
•Implement Scheduling Software for the Police Department •Implement Quarterly Systems Training
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Figure 3 – IT Strategic Roadmap (Implementation Timelines) Q3Q4Q1Q2Q3Q4Q1Q2Q3Q4Q1Q2Q3Q4Q1Q2Q3Q41Conduct Semi-Annual Reviews of Cybersecurity Plan2Update IT Policies & Procedures3Review Disaster Recovery Plan4Introduce IT Governance5Develop and Document a Clear IT Succession Plan6Implement and Deploy Multi-Factor Authentication7Achieve PCI Compliance8Perform an Audit of all Information Housed within "Randy-Ware" Software9Review City Wide Physical Security Plan9aDeploy City Wide Physical Security Plan10Managed Security Provider11Optimize City Website12Implement Agenda Management System with Vote Tracking Technologies13Implement Internet of Things (IOT) devices:13aSmart Traffic Lights13bCity Park Wi-Fi13cSmart Building Systems13dSmart Meters14Implement A.I. Meeting Minutes Software 15Upgrade / Replace Outdated Hardware16Perform Battery Replacements for the UPS17Evaluate Software as a Service (SaaS) Migration Opportunities18Implement Modernized Phone System19Standardize Hardware and Software Usage20Implement Performance Management Software21Implement Permitting System22ERP Replacement Planning23Implement New ERP System23aFinancial Management System23bHuman Resources / Payroll System23cEnterprise Land Management System24Optimize and Integrate Current Systems:24aCartegraph24bArcGIS25Establish Document Management Standards-LaserFiche26Implement Scheduling Software for the Police Department27Implement Quarterly Systems Training 2024 2025 2026 20282027

DIGITAL CITY EXPERIENCE
Foster City - IT Strategic Roadmap (2024 - 2028)

DATA-DRIVEN DECISIONS

SECURITY FIRST

INFRASTRUCTURE RESILIENCY

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III. IT Strategic Plan
A. Overview
The IT Strategic Plan presents Avèro Advisors’ proposed IT Modernization Strategies as optimally prioritized and based upon industry best practices, institutional knowledge, and Foster City’s user input. The IT Strategic Plan will function as the City’s tactical blueprint for IT modernization over the next three (3) years. The IT Modernization Strategies include improvements to the City’s cybersecurity strategy, IT organization, and enterprise software systems.

This document includes a strategic action plan for each prioritized IT Modernization Strategy showcased in the Roadmap, as shown in Figure 3. The detailed template showcases each IT Strategy, a strategic action plan for implementation, the gaps being addressed, the resources required, any prerequisites, the stakeholder groups impacted, and an impact statement. Figure 4 provides a legend for the IT Strategic Plan.

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Figure 4 – Strategic Recommendations Format (Legend)
(#) – Name of Action Item
[Border Color indicates urgency]
Urgent (0-3
Months)
Immediate (Year 1) Short-Term (Year 2-
3)
Long-Term (Year 4-5)
Gaps Addressed
▪Gaps addressed (and alleviated) by the implementation of the IT Strategy.

Action Steps
▪Sequence of activities that must be executed for successful implementation of the IT Strategy.

Prerequisites
▪Action Item that requires completion prior to the implementation of the IT Strategy.

Stakeholders
▪All parties that are impacted by the implementation of the IT Strategy.

Resources
▪Personnel, materials, or other assets required for undertaking the action steps/activities defined in the Action Plan for the implementation of each IT Strategy.

Estimated Timeline
▪Estimated timeframe associated with the implementation of the recommended IT Strategy based on industry research and institutional knowledge.

Impact Statement
▪The impact on Foster City and its staff for following through with the implementation of the recommended IT Strategy.

Several of the proposed recommendations included in the IT Strategic Plan Report have been assigned as Urgent. These strategies should take precedence over the others because they present significant operational risks should the completion of the strategies be delayed. The urgent items included in The City’s IT Strategic Plan Report consist of the following:

Strategy #3: Review Disaster Recovery Plan: The city must review and update the disaster recovery plan to ensure the ability to quickly restore functionality in the event of

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a disaster affecting city IT equipment. This proactive approach will enhance the city's resilience and ensure continuity of operations during emergencies.

Strategy #7: Implement and Deploy Multi-Factor Authentication: Implementing multi- factor authentication (MFA) will strengthen the city's cybersecurity posture by preventing data intrusions and unauthorized access. This enhanced security measure will protect sensitive information and ensure the integrity of the city's IT systems.

Strategy #17: Perform Battery Replacements for the UPS: Regular maintenance and replacement of the uninterruptable power supply batteries ensure that critical City functions continuously operate during a power outage.

Strategy #19: Implement Scheduling Software for the Police Department: Implementing scheduling software will assist the City in its goal of eliminating current paper-based processes.

Strategy #20: Implement Modernized Phone System: The City is currently undergoing an initiative to modernize its telecommunications. Completing this project is vital to ensuring streamlined communications.

Strategy #25: Implement Quarterly Systems Training: Implementation of quarterly systems training will ensure that users are trained properly across multiple systems. This will help bridge any knowledge gap that may be presented if a City employee is unavailable for an extended period of time.

B. Security First
This section identifies areas that need immediate and sustained improvement and give Foster City a set of recommendations and processes to resolve cybersecurity issues through short-term incremental strategies that build upon each other to achieve a sustainable, high- level cybersecurity plan. Inadequate security across City technologies will likely lead to disastrous results for the organization, its employees, and its citizens.

Recognizing the City’s immediate security needs, Avèro has identified “Security First” as the initial IT Modernization Strategy to guide the City’s IT planning efforts. Following the National Institute of Standards and Technology (NIST) guidelines, this layered cybersecurity approach focuses on developing policies and processes in leadership and coordination to better prepare for a significant cyber disruption while building a robust, internal cybersecurity workforce to ensure resilience and continuity.

To help the City place “Security First,” Avèro has identified the corresponding action items regarding security aspects and best practices. These recommended action items focus on establishing a recurring review process to evaluate potential vulnerabilities within the City’s

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infrastructure, develop IT Policies and Procedures, and introduce IT Governance into the City’s IT decision-making efforts. Implementing the proposed strategies is especially significant because failure to take adequate cybersecurity measures for prevention and protection from cyber-attacks can easily result in legal liability, loss of public trust, and substantial financial impacts and data loss. Furthermore, building a well-educated internal culture of cybersecurity best practices across the City will set clear expectations for all employees and help mold City employees into the first cyber defense line while ensuring sensitive business data confidentiality.

SECURITY FIRST
Conduct Semi-Annual Reviews of Cybersecurity Plan
Update IT Policies & Procedures
Introduce IT Governance
Standardize Hardware and Software Usage
Develop and Document a Clear IT Succession Plan
Implement and Deploy Multi-Factor Authentication
Achieve PCI Compliance
Perform an Audit of all information Housed within “Randy-Ware” Review City Wide Physical Security Plan
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(1)- Conduct Semi-Annual Reviews of Cybersecurity Plan
Gaps Addressed
▪The cybersecurity documentation objectives and protocols that address potential incidents should be reviewed, practiced, and revised regularly. Maintaining an up- to-date, rehearsed Cybersecurity Plan, as well as refreshing items that may have naturally become outdated, is pivotal to ensuring the City’s infrastructure is secure.

Action Steps
▪Review objectives and protocols associated with the Cybersecurity Plan ▪Prioritize risks based on identified vulnerabilities
▪Develop a formal action plan and timeline for outstanding tasks ▪Develop Equipment recovery processes
▪Annual review and testing should include the plan of action items, as well as associated documentation
Prerequisites
▪Develop inventory of documentation to include last modified date ▪Develop inventory of existing hardware
Stakeholders
▪Foster City Staff
▪ITS Department
Resources
▪ITS Department
▪Third Party Consultant
Estimated Cost
▪Staff Time
▪External Consulting Fees: ~$25,000 (could be included with MSP contract) Estimated Timeline
▪ Ongoing: (every other quarter)- Starting Q4 2024
Impact Statement
▪The absence of a consistent review of the City’s cybersecurity plan can lead to antiquated policies and procedures that leave the organization vulnerable to common attack vectors. The Cybersecurity Plan review will help guide the City’s ITS

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to a proactive approach in addressing its cybersecurity concerns. The review will also serve to increase the City’s network protection to ensure business continuity and compliance with best practices while fortifying the City network to combat opportunistic cybercrime. Essential pieces of the cybersecurity plan include the maintenance of the disaster recovery strategy, documented policies and procedures, the inclusion and application of Information Technology Infrastructure Library (ITIL) principles, and data governance policies, including data accessible by staff and the protection of Personally Identifiable Information (PII).

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(2) - Update IT Policies & Procedures
Gaps Addressed
▪The City currently has policies that are accessible to all city staff. However, these policies need an update to establish relevant best practices based on today's new and emerging threats.
▪The City currently lacks a policy regarding the appropriate usage of A.I.

Action Steps
▪Conduct a comprehensive review of current IT policies and identify areas needing updates.
▪Establish a working group responsible for updating IT policies and incorporating AI guidelines, with input from various stakeholders, including IT, legal, compliance, and department heads.
▪Develop updated IT policy guidelines that include ethical AI usage, data privacy, security, and transparency.
▪Review and update current IT Policies and Procedures to address new and emerging threats.
▪Conduct a City Council presentation or feedback process to ensure the updated IT and AI policies align with community values and address public concerns, seeking input from City Council.
▪Finalize and implement the updated IT and AI policies, ensuring all departments are informed and trained on the new guidelines and procedures. ▪Ensure that all departments are informed and trained on the new guidelines and procedures.
▪Implement necessary changes to better protect the City and maintain relevance in both IT and AI usage.

Prerequisites
▪None
Stakeholders
▪Foster City Staff
▪Foster City Residents

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Resources
▪Executive Team
▪ITS Department
▪Third Party Consultant
Estimated Cost
▪Staff Time
▪External Consulting Fees: ~$20,000
▪Avèro can provide resourcing, along with templates and customized documentation, for the implementation of this strategy.

Estimated Timeline
▪Q4 2024 (3 Months)
Impact Statement
▪Approaches to computer usage, remote access, internet access, IT equipment procurement, and many other activities should be standardized and communicated throughout the City. Policies should be defined to establish uniform standard operating procedures (SOP) and establish the foundation for enforcement of these policies. Failure to maintain relevant policies and procedures leaves the City vulnerable to inappropriate use of IT infrastructure.

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(3) – Review Disaster Recovery Plan
Gaps Addressed
▪The existing Disaster Recovery Plan requires an update to address current-day threats and ensure its relevance and effectiveness.
▪The current policy is overly general and lacks specificity, necessitating a more detailed and targeted approach.
▪There is no established protocol within the current policy for replacing hardware in the event of damage, highlighting a critical gap that needs to be addressed.

Action Steps
▪Gather existing documentation and assemble a review team with ITS staff and stakeholders to define objectives for the update process. ▪Identify critical systems and data, assess risks and vulnerabilities, and conduct a Business Impact Analysis (BIA) to prioritize recovery efforts. ▪Evaluate existing recovery strategies and procedures, then incorporate new risks and technologies into the plan, revising strategies and updating contact information as needed.
▪Establish communication protocols for disaster scenarios and coordinate with external agencies and service providers to ensure cohesive response efforts. ▪Create detailed recovery procedures and conduct regular testing of the plan, while training ITS staff and key personnel on their roles and raising awareness among all employees.
▪Document all updates and changes, review and approve them with senior management, and schedule regular reviews and audits to implement continuous improvement and compliance.

Prerequisites
▪IT Disaster Recovery Plan
Stakeholders
▪Foster City Staff
Resources

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▪ITS Department
▪Foster City Leadership
▪Third Party Consultant
Estimated Cost
▪Staff Time
▪External Consulting Fees: ~$15,000
Estimated Timeline
▪Q3 2024 (3 Months)
Impact Statement
▪The City currently has a formal disaster response plan framework in place, providing a solid foundation for handling IT emergencies. However, the plan is slightly outdated and must be revised to address the evolving threats of today's digital landscape. Updating this policy will enhance the City's resilience against new risks, ensuring quicker recovery and continuity of critical services. An up-to-date disaster recovery plan will safeguard public data, maintain trust in City services, and optimize resource allocation during crises, ultimately becoming a valuable asset that strengthens the City's overall security posture.

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(4) – Introduce IT Governance
Gaps Addressed
▪Stakeholders report that they would like to see more proactivity from the ITS department regarding modernization strategies for City systems.

Action Steps
▪Establish a governance framework that aligns with organizational goals and industry standards.
▪Identify and communicate clear, measurable objectives that support the organization’s future state vision.
▪Form a steering committee with representatives from key departments to oversee IT governance and ensure alignment with business goals. ▪Develop and track performance metrics to measure progress towards strategic objectives and make data-driven decisions.
▪Schedule regular governance reviews to assess the effectiveness of IT initiatives and adjust strategies as needed to stay aligned with the future state vision.

Prerequisites
▪None
Stakeholders
▪Foster City Staff
Resources
▪ITS Department
▪Foster City Leadership
Estimated Cost
▪Staff Time
▪External Consulting Fees: ~$5,000 - $8,000
Estimated Timeline
▪Q1 2025 (3 Months)

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Impact Statement
▪Implementing IT governance will significantly enhance the alignment of IT initiatives with the organization’s strategic goals, ensuring that all efforts contribute to the overall vision. By establishing clear objectives and performance metrics, the IT department can stay focused on key priorities and measure progress effectively.

The formation of a steering committee will provide essential oversight and facilitate better decision-making through cross-departmental collaboration. Regular governance reviews will ensure continuous improvement and adaptability in response to changing business needs. Ultimately, this structured approach will lead to increased efficiency, reduced risks, and a stronger foundation for future growth and innovation within the organization.

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(5) – Develop and Document a Clear IT Succession Plan
Gaps Addressed
• The City currently lacks knowledge transfer and a clear succession plan for the IT department.

Action Steps
▪Identify key roles and responsibilities within each department and establish criteria for succession planning, including skills, experience, and potential for growth. ▪Develop a standardized knowledge transfer protocol to document critical processes and procedures, encouraging experienced employees to create detailed documentation and instructional materials.
▪Create a feedback mechanism for employees to report gaps in knowledge transfer and succession planning, regularly reviewing and updating processes based on feedback and evolving organizational needs.

Prerequisites
▪Identification of key roles and critical systems within each department.

Stakeholders
▪Foster City Staff
Resources
▪ITS Department ▪Foster City staff
Estimated Cost
▪Staff Time
Estimated Duration
▪Q3 2025 (3 Months)
Impact Statement
▪Implementing a clear succession plan and structured knowledge transfer processes will enhance the City's operational efficiency and resilience. Ensuring multiple team members are proficient in critical systems minimizes disruptions from key personnel unavailability.

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(6) – Implement and Deploy Multi-Factor Authentication
Gaps Addressed
▪The City currently does not employ multi-factor authentication (MFA), leading to increased vulnerability to unauthorized access and security breaches. ▪Relying solely on single-factor authentication exposes the City's systems and data to potential risks from phishing, password theft, and other cyber threats.

Action Steps
▪Assess current authentication processes and identify areas where MFA can be implemented to enhance security.
▪Choose an MFA solution that aligns with the City's IT infrastructure and security requirements, considering factors such as ease of use, cost, and integration capabilities.
▪Develop and implement a phased rollout plan for MFA, starting with high-risk systems and gradually extending to all critical systems and applications. ▪Conduct training sessions for employees to educate them on the importance of MFA, how to use it, and how it will impact their daily activities.

Prerequisites
▪Assessment of current authentication methods and identification of high-risk systems and applications.
▪Selection of an MFA solution that meets the City's security needs and integration requirements.

Stakeholders
▪Foster City Staff
▪ITS Department
Resources
▪ITS Department
▪MFA Technology
▪Foster City staff
Estimated Cost
▪Staff time
Estimated Duration
▪Q3 2024 (3 Months)

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Impact Statement
▪Implementing multi-factor authentication will significantly enhance the City's cybersecurity posture by reducing the risk of unauthorized access and security breaches. MFA adds an additional layer of protection, making it more difficult for malicious actors to compromise user accounts and access sensitive information.

This improved security measure will help protect the City's data, maintain public trust, and ensure industry standards and regulations compliance. This resulted in an increased insurance premium. Ultimately, adopting MFA will contribute to a safer and more resilient IT environment for the City.

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(7) –Achieve PCI Compliance
Gaps Addressed
▪The City is currently not PCI Complaint
Action Steps
▪Install and maintain firewall configurations, change default security settings, and protect against malware by regularly updating anti-virus software. ▪Encrypt stored cardholder data and data transmitted over open, public networks.

Use encryption, truncation, masking, and hashing as needed. ▪Limit access to cardholder data to those with a business need to know and implement strong authentication measures for accessing system components. ▪Track and monitor all access to network resources and cardholder data and conduct regular security tests and assessments.
▪Maintain a comprehensive information security policy addressing security responsibilities and practices for all personnel.

Prerequisites
▪None
Stakeholders
▪Foster City Staff
▪ITS Department
Resources
▪ITS Department ▪Foster City staff
Estimated Cost
▪Staff Time
▪Cost TBD requires formal scoping
Estimated Duration
▪Q1 2025 (3 Months)

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Impact Statement
▪Achieving PCI compliance ensures the City's cardholder data handling meets industry security standards. Implementing comprehensive security measures reduces the risk of data breaches, enhancing the integrity and confidentiality of cardholder data. This initiative boosts trust in the City's financial transactions, supports regulatory compliance, and protects against legal and financial liabilities.

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(8) – Perform an Audit of Information Housed in “Randy-Ware” Software
Gaps Addressed
▪Information is housed in an old legacy system (Randy Ware) that is hard to maintain and secure.

Action Steps
▪List Randy Ware programs that contain information relevant or sensitive to the City. ▪Identify stakeholders currently using Randy Ware systems and gather their input on system usage and data importance.
▪Assess data security to evaluate the current security measures in place for the Randy Ware system, identifying vulnerabilities and potential risks. ▪Review data relevance to determine the importance and necessity of the data stored within Randy Ware programs, streamlining and prioritizing critical information.
▪Develop a plan to replace all Randy Ware systems with more secure and manageable solutions.

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Impact Statement
▪Performing an audit of all information housed within the in-house Randy Ware system will identify critical gaps in data security and system maintenance. By listing relevant programs and stakeholders, assessing current security measures, and reviewing data relevance, the City can develop a comprehensive plan to replace all Randy Ware systems. This initiative will enhance the security and manageability of the City's information systems, reducing risks associated with the legacy system and ensuring the protection of sensitive data.

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(9) – Review City Wide Physical Security Plan/ Implement Plan Gaps Addressed
▪The City lacks physical security in certain areas, including unsecured doors in areas of the building that can allow access to stairwells, posing a risk for the intrusion of data and sensitive information.
▪Insufficient physical security measures can lead to unauthorized access to multiple building floors, increasing the risk of data breaches and exposure of sensitive information.
▪The City has a lack of security cameras within server rooms, compromising the ability to monitor and secure these critical areas.
▪Certain hardware is behind locked doors, but critical hardware components lack warning labels, increasing the risk of accidental or unauthorized interference (e.g., unplugging critical plugs).

Action Steps
▪Conduct a comprehensive security assessment to identify all vulnerable areas, focusing on unsecured doors and access points to stairwells. ▪Develop a plan to enhance physical security, including installing secure locks, access control systems, and surveillance cameras in identified vulnerable areas. ▪Implement stricter access control measures, such as electronic keycards or biometric systems, to limit unauthorized entry to sensitive areas. ▪Train employees on physical security protocols, emphasizing the importance of maintaining secure access points and reporting any security concerns. ▪Regularly review and update the physical security plan to address emerging threats and ensure ongoing protection of the building and its contents.

Prerequisites
▪None
Stakeholders
▪Foster City Staff

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Resources
▪Foster City Staff
▪Third Party Consultant
Estimated Cost
▪Staff Time
▪External Consulting Fees: ~$5,000.00
Estimated Duration
▪Review: Q4 2024
▪Implement: Q3 2025
Impact Statement
▪Enhancing physical security measures across the City’s buildings will significantly reduce the risk of unauthorized access, protecting sensitive data and information.

By securing doors and access points to staff areas, the City can prevent potential intrusions and ensure that only authorized personnel have access to restricted areas. This initiative will foster a safer environment, safeguarding both physical and digital assets, and maintaining public trust in the City's ability to protect its infrastructure and information. Ultimately, improved physical security will contribute to the overall resilience and integrity of the City's operations.

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(10) – Managed Security Provider
Gaps Addressed
▪Currently, there is no around-the-clock monitoring and incident response capabilities.
▪Receive access to security experts and advanced tools to offer comprehensive security management, threat intelligence, and up-to-date knowledge on emerging cyber threats.

Action Steps
▪Conduct a thorough analysis to identify the specific security needs and objectives of the organization.
▪Research and evaluate potential MSPs based on their expertise, service offerings, and fit with organizational needs. Request proposals, conduct interviews, and select the MSP that meets the criteria. Finalize contracts, Service Level Agreements (SLAs), and terms of service.
▪Allow the MSP to perform an initial assessment of the existing IT infrastructure to identify potential risks and areas for improvement. Provide the MSP with necessary access to systems, networks, and data.
▪Configure and customize security tools with the MSP, integrating them with existing IT infrastructure and setting up monitoring systems.
▪Pilot-test the MSP’s services, resolve any issues and validate that the MSP meets SLAs and performance metrics.
▪Roll out the MSP’s services organization-wide, provide training sessions, and ensure all processes and configurations are documented.

Prerequisites
▪Policies & Procedures
Stakeholders
▪Foster City Staff ▪ITS Department
Resources
▪ITS Department
▪Foster City Departments
Estimated Cost
▪Staff Time

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▪Budget Allocation: $50,000
▪Software Cost: ~$50,000 - $90,000
Estimated Timeline
▪Q1 2025 (6 Months)
Impact Statement
▪Implementing a Managed Security Provider (MSP) will significantly enhance the organization's cybersecurity posture by providing continuous, expert monitoring and rapid response to threats. This proactive approach minimizes the risk of data breaches, ensures regulatory compliance, and protects sensitive information.

Additionally, leveraging the MSP's advanced tools and expertise allows internal IT resources to focus on core business functions, ultimately improving overall operational efficiency and security.

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C. Digital City Experience
The Foster City website contains hard to find information, outdated graphics, leading to underuse by Citizens. To address these issues, it's crucial to optimize the website experience and enhance Digital City initiatives. Additionally, to further improve communication and data gathering, the City recognizes the importance of reliable connectivity during outreach events. Foster City is committed to modernizing its services and embracing technology to provide an enhanced "Digital City Experience" for its Citizens and employees.

DIGITAL CITY EXPERIENCE
Optimize Website
Implement City Council Vote Tracking Technologies
Implement Internet of Things (IoT) Devices:

Smart Traffic Lights
City Park Wi-Fi
Smart Building Systems
Smart Poles
Smart Meters
Implement Agenda Management Software
Implement A.I. Meeting Minutes Software
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(11) - Optimize Website Experience
Gaps Addressed
▪The City's website lacks visually appealing graphics, making it less engaging for visitors.
▪Information is hard to find, leading to a poor user experience for citizens. ▪The website does not support embedded files linked to text, limiting its functionality.

Action Steps
▪Conduct a comprehensive review of the current website to identify specific areas for improvement and gather feedback from citizens and staff. ▪Develop a detailed plan for revamping the website, incorporating visually appealing graphics, better navigation, and support for embedded files. ▪Implement an AI feature to assist citizens with finding information and answering questions, such as permitting inquiries.
▪Create an interactive calendar to better communicate information regarding City events, parks, and other activities.
▪Develop interactive dashboards to display City progress on legislative topics and other key initiatives.
▪Design and integrate virtual tours of City facilities available to the public, enhancing transparency and engagement.
▪Improve the citizen inquiry and complaint distribution/tracking system to ensure efficient handling and resolution of issues.

Prerequisites
▪Comprehensive assessment of current website functionalities and identification of areas for improvement.
▪Selection of appropriate technologies and tools to support the desired features and functionalities.

Stakeholders
▪ITS Department
▪Foster City citizens
▪Foster City Staff

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Resources
▪Website Vendor
▪Third Party Consultant
▪ITS Department
Estimated Cost
▪Staff time
▪Budget allocation: $15,000
▪Software costs: $15,000-$50,000
Estimated Timeline
▪Q1 2025 (3 Months)
Impact Statement
▪Optimizing the City's website will significantly enhance the user experience for citizens and support the various departments that utilize the website to share critical information. By incorporating visually appealing graphics, better navigation, and advanced features such as AI assistance, interactive calendars, dashboards, and virtual tours, the website will become a more effective tool for communication and engagement. Improved inquiry and complaint tracking will ensure that citizen issues are addressed promptly and efficiently. Ultimately, these enhancements will lead to greater citizen satisfaction, better access to information, and increased transparency in City operations.

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(12) – Implement Agenda Management System with Vote Tracking Technologies
Gaps Addressed
▪City Council voting is currently conducted verbally, leaving room for errors and miscommunication.
▪Attendees and citizens have difficulty keeping track of City Council members' votes. ▪There is no visual display of voting results, leading to potential confusion and lack of transparency.
▪The current agenda management software (PrimeGov) is ineffective and has never worked correctly since its launch in late 2022.

Action Steps
▪Determine the key features needed based on input from citizens and City Council. ▪Develop a basic plan with budget, timeline, and vendor options. ▪Conduct a needs assessment to identify the specific requirements for agenda management software, including input from all departments involved in meeting preparation.
▪Research and select an agenda management software solution that meets the identified needs, ensuring it integrates with existing systems and workflows. ▪Develop an implementation plan, including system configuration, data migration, and training for relevant staff.
▪Pilot the agenda management software with a small group of users to test its functionality and gather feedback for any necessary adjustments. ▪Roll out the agenda management software citywide, providing ongoing support and training to ensure smooth adoption and effective use.

Prerequisites
▪None
Stakeholders
▪Foster City Staff
▪Foster City Council
▪Citizens
Estimated Cost
▪Staff Time
▪Consulting Services: $35,000
▪Software Costs: $85,000

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Estimated Timeline
▪Q1 2025 (3 Months)
Impact Statement
▪Implementing City Council vote tracking technologies and agenda management software will significantly enhance the accuracy, transparency, and efficiency of council voting processes and meeting management. By displaying voting results on a video board, attendees and citizens will clearly see how council members vote, reducing potential errors and miscommunication. The new agenda management software will streamline meeting preparation, management, and documentation through automated agenda creation, real-time collaboration, and easy access to historical records. These technologies will improve public trust and engagement by providing clear, accessible records of council decisions and meeting materials.

Ultimately, this initiative will lead to more effective governance and decision- making, benefiting both City officials and the public.

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(13) – Implement Internet of Things (IoT) Devices
Gaps Addressed
▪The city currently does not use advanced IoT (Internet of Things) devices, which could enhance various services and infrastructure management. ▪There is limited real-time data collection and analysis to optimize city services such as traffic management, public Wi-Fi, building systems, street lighting, and utility metering.
▪Existing infrastructure does not fully leverage technology to improve efficiency, safety, and citizen engagement.

Action Steps
▪Conduct a comprehensive needs assessment to identify the specific IoT applications that will provide the most benefit, such as smart traffic lights, city park Wi-Fi, smart building systems, smart poles, and smart meters. ▪Research and select suitable IoT technologies and solutions that align with the city's infrastructure and requirements.
▪Develop a detailed implementation plan for each IoT application, including pilot testing, integration with existing systems, and data management protocols. ▪Train city staff and relevant personnel on the installation, use, and maintenance of IoT devices to ensure effective deployment and operation. ▪Establish a monitoring and evaluation framework to assess the performance of IoT devices, gather feedback, and make necessary adjustments to optimize their functionality and benefits.

Prerequisites
▪Comprehensive assessment of current infrastructure and identification of areas for IoT integration.
▪Selection of appropriate IoT solutions that meet the city's needs and integration requirements.

Stakeholders
▪Foster City Staff ▪Citizens
Resources
▪ITS Department
▪Third Party Consultant
▪Software Vendor
Estimate Cost
▪Requires formal scoping

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Estimated Timeline
▪Q1 2026- Q3 2027 (18 Months)
Impact Statement
▪Implementing IoT devices such as smart traffic lights, city park Wi-Fi, smart building systems, smart poles, and smart meters will significantly enhance the city's infrastructure and services. These technologies will enable real-time data collection and analysis, leading to more efficient traffic management, improved public safety, better energy management, and enhanced citizen engagement. By leveraging IoT solutions, the city will be able to provide more responsive and effective services, improve operational efficiency, and create a more connected and intelligent urban environment. Ultimately, these advancements will contribute to a higher quality of life for citizens and a more sustainable and resilient city.

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(14) – Implement A.I. Meeting Minutes Software
Gaps Addressed
▪The current system for generating meeting minutes only produces action items, lacking comprehensive summaries of the meetings.
▪The City Council requires both action items and detailed summaries to ensure thorough documentation and understanding of discussions and decisions. ▪Manual creation of meeting summaries can be time-consuming and prone to errors, leading to incomplete or inaccurate records.

Action Steps
▪Research and select an AI meeting minutes solution that can generate both action items and detailed summaries, ensuring it meets the City's needs and integrates with existing systems.
▪Train relevant staff and council members on using the new AI meeting minutes software to ensure effective adoption and usage.
▪Conduct thorough testing on selected software to ensure the accuracy of recorded minutes and seek approval from the City Council for the generated note format.

Prerequisites
▪None
Stakeholders
▪Foster City Staff ▪City Council
Resources
▪ITS Department ▪Software Vendor
Estimated Cost
▪Staff time
▪Software costs: $0-$20,000
Estimated Timeline
▪Q4 2024 (3 Months)

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Impact Statement
▪Implementing an AI meeting minutes software will significantly enhance the efficiency and accuracy of documenting City Council meetings. By generating both action items and detailed summaries, the new system will provide comprehensive records of discussions and decisions, improving transparency and accountability.

This technology will save time and reduce errors associated with manual minute- taking, allowing staff to focus on more strategic tasks. Ultimately, the AI meeting minutes software will contribute to better-informed decision-making and increased public trust in the City's governance processes.

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C. Infrastructure Resiliency
Moving forward, Foster City aims to achieve "Infrastructure Resiliency" by reducing the magnitude and duration of disruptive IT-related events. To be effective, a resilient infrastructure or enterprise must be able to anticipate, absorb, adapt to, and rapidly recover from a potentially disruptive event. To better manage its IT assets and service delivery across The City, well-defined IT Service Management Standards are essential. Moreover, evaluating the help desk tool currently in use can help increase the quality and confidence in the services provided by the ITS department. Additionally, exploring the potential of moving systems from on-premises to a cloud-based model generally is beneficial in cost savings and lowered resourcing demands.

The efficacy of The City organization significantly hinges on the performance of its Information Technology Services (ITS) department, especially in an era where digital transformation dictates operational success. An inefficient ITS department compromises essential functions, from public service delivery to internal operations, data management, and security protocols. Consequently, conducting an IT Staff Skills Assessment becomes imperative to identify knowledge gaps, obsolete skill sets, and areas requiring immediate improvement. Following this assessment with a logical departmental restructuring ensures alignment with contemporary technological trends, promotes efficiency, and positions The City for better service delivery, risk mitigation, and sustainable growth.

Through the implementation of the proposed Action Items, The City will improve its level of Infrastructure Resiliency. These projects will positively impact The City’s IT environment, which will aid The City in providing improved service delivery to Foster City’s Citizens.

INFRASTRUCTURE RESILIENCY
Upgrade / Replace Outdated Hardware
Perform Battery Replacements for the UPS
Evaluate Software as a Service (SaaS) Migration
Opportunities
Implement Scheduling Software for the Police Department Implement a Modernized Phone System

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(15) – Upgrade/ Replace Outdated Hardware
Gaps Addressed
▪The City currently has outdated servers that require upgrades.

Action Steps
▪Conduct a comprehensive inventory and assessment of all existing hardware to identify outdated or underperforming equipment.
▪Establish criteria for hardware specifications and performance standards that align with the City's current and future technological needs. ▪Develop a phased plan for upgrading or replacing outdated hardware, prioritizing critical systems and areas with the most significant impact on City operations. ▪Allocate budget and resources for the procurement of new hardware, ensuring compatibility with existing systems and future upgrades. ▪Implement a regular review schedule to assess hardware performance and specifications, making adjustments as needed to keep all equipment up to date.

Prerequisites
▪Comprehensive assessment of current hardware and identification of specific needs for upgrades or replacements.
▪Selection of appropriate hardware solutions that meet the City's performance and compatibility requirements.

Stakeholders
▪Foster City Staff
▪ITS Department
Resources
▪ITS Department ▪Hardware Vendor
Estimated Cost
▪Staff Time
▪Requires Formal Scoping; ~$1,000 - $10,000
Estimated Timeline

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▪Q4 2024 (3 Months)
Impact Statement
▪Upgrading and replacing outdated hardware will ensure that the City's technological infrastructure remains robust, efficient, and capable of supporting new systems and upgrades. By maintaining up-to-date hardware and operating systems, the City can enhance performance, reduce downtime, and improve overall operational efficiency. Regular reviews and proactive upgrades will prevent potential issues related to compatibility and performance, allowing the City to leverage advanced technologies effectively. Ultimately, this initiative will contribute to a more resilient and future-proof IT environment, benefiting both City employees and the public they serve.

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(16) – Perform Battery Replacements for the UPS
Gaps Addressed
▪In the past, the City has experienced disruptions from the UPS affecting critical City functions.
▪City Stakeholders have identified this as an area for improvement and one that needs to be regularly maintained.

Action Steps
▪Conduct an inventory of all UPS units and identify those with aging or expired batteries.
▪Develop a maintenance and replacement schedule for UPS batteries, ensuring regular checks and timely replacements.
▪Allocate budget and resources for the procurement and installation of new batteries.
▪Train relevant staff on the maintenance and replacement procedures to ensure proper handling.
▪Implement a monitoring system to track battery health and performance, enabling proactive maintenance.

Prerequisites
▪Comprehensive inventory of existing UPS units and batteries. ▪Allocation of budget and resources for battery procurement and replacement.

Stakeholders
▪Foster City Staff
Resources
▪ITS Department
▪UPS Battery Vendor
Estimated Cost
▪Staff time
▪Staff training
▪Hardware costs: ~$5,000 - $30,000

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Estimated Timeline
▪Q3 2024 (3 Months)
Impact Statement
▪Regular maintenance and timely replacement of UPS batteries will significantly reduce the risk of power disruptions, ensuring continuous and reliable power supply to critical systems. This proactive approach will minimize downtime, prevent potential data loss, and enhance overall operational efficiency. By implementing a monitoring system, the City can stay ahead of potential issues and maintain a robust power infrastructure that supports its technological needs.

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(17) – Evaluate Software as a Service (SaaS) Migration Opportunities Gaps Addressed
▪Inflexibility and high maintenance costs of on-premises software solutions. ▪Limited scalability and accessibility of current software systems. ▪Potential for improved efficiency and cost savings through SaaS solutions.

Action Steps
▪Conduct a comprehensive review of current software systems to identify those suitable for migration to SaaS.
▪Research and evaluate potential SaaS solutions, considering factors such as cost, scalability, security, and functionality.
▪Develop a migration plan, including timelines, resource allocation, and risk mitigation strategies.
▪Train staff on the new SaaS solutions and provide ongoing support to ensure smooth adoption and utilization.

Prerequisites
▪None
Stakeholders
▪Foster City Staff ▪ITS Staff
Resources
▪ITS Department ▪Third Party Consultant
Estimated Cost
▪Staff time
Estimated Timeline
▪Q3 2025 (3 Months)
Impact Statement
▪Migrating to SaaS solutions will provide the City with flexible, scalable, and cost- effective software, reducing reliance on on-premises systems. This lowers maintenance costs, enhances accessibility, and improves efficiency. The transition

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ensures the City's software infrastructure stays current with technological advancements and supports evolving needs.

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(18) – Implement Modernized Phone System
Gaps Addressed
▪The City operates with outdated phone equipment, leading to poor communication and inefficiencies.

Action Steps
▪Complete the vendor selection process, leveraging the published RFP to choose the most suitable modern phone system.
▪Develop an implementation plan, including system configuration, data migration, and user training.
▪Pilot the modern phone system with a small group of users to test its functionality and gather feedback.
▪Train all relevant staff on using the new phone system and provide ongoing support to ensure smooth adoption.
▪Transition from the outdated phone system to the modernized solution, ensuring minimal disruption to City operations.

Prerequisites
▪None
Stakeholders
▪Foster City Staff
Resources
▪IT Staff
Estimated Cost
▪ Budget Allocation: $275,000
▪Software costs:
oFirst Year: ~$90,000
oAnnual: ~$70,000.

Estimated Timeline
▪Q3-Q4 2024 (6 Months)

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Impact Statement
▪Implementing a modernized phone system will significantly enhance communication capabilities across the City. By adopting advanced features such as voicemail-to-email, smartphone apps, voicemail transcription, and Microsoft Teams integration, the City can improve operational efficiency and reduce communication-related costs. The transition to a modern phone system will ensure reliable and effective communication, supporting better coordination and service delivery for City operations.

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(19) Standardize Hardware & Software Usage
Gaps Addressed
▪Currently, there is no clear approach to the issuance of City hardware. ▪Department stakeholders must request each piece of hardware for new employees individually, leading to many employees being unaware of what is available to them.
▪Employee system permissions are modeled after existing or former employee roles, resulting in employees frequently encountering issues with access to necessary resources.

Action Steps
▪Determine department-specific hardware and software requirements ▪Collaborate with each department to prioritize the replacement of workstations ▪Standardize the equipment available and used in each department, including warranty and lifecycle service terms
▪Determine which processes within departments require uniform versions of software
▪Utilize an Asset Management Tool to document service life for hardware such as workstations
Prerequisites
▪IT Policies and Procedures
▪IT Governance
Stakeholders
▪Foster City Staff
Resources
▪ITS Department
▪Foster City Staff
▪Third Party Consultant

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Estimated Cost
▪Staff time
Estimated Timeline
▪Immediate: (3 Months) Q1 2025
Impact Statement
▪Standardizing City equipment and system usage will greatly enhance operational efficiency and service delivery. By implementing uniform standards, the City can streamline maintenance processes, reduce downtime, and improve equipment repairs and replacements. Standardization will also simplify training for City employees, leading to quicker onboarding and more consistent performance across departments. Additionally, it will enable better data integration and analysis, facilitating more informed decision-making and resource allocation. This approach will ultimately improve the reliability and quality of public services, contributing to a more efficient, responsive, and resilient City infrastructure.

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D. Data-Driven Decisions
With the help of modernized enterprise software systems, workflow automation can be achieved for process optimization, which can access data in real-time. Continuously optimizing these systems is essential to make the dashboarding tools effective for visualizing key performance indicators, which are used by businesses to evaluate various aspects of their performance while generating actionable insights through scenario planning.

Insufficient integration between enterprise systems results in burdensome and siloed operations. Providing comprehensive training programs for critical business systems is essential to ensure that employees have the necessary knowledge and skills to use the systems efficiently, leading to improved accuracy, productivity, and efficiency in day-to-day operations. The training program will promote standardized practices and enhance consistency across various departments, leading to better collaboration and streamlined processes, ultimately serving its community better.

Avèro Advisors has proposed a set of Action Items that can help Foster City address its existing gaps and meet its business goals of making "Data-Driven Decisions" a reality. The proposed activities aim to optimize the functional capabilities of modern enterprise technologies and empower City employees by providing them with the necessary knowledge to use these systems effectively. The activities also aim to enhance collaboration, streamline processes, and improve service delivery through a technology modernization approach.

DATA-DRIVEN DECISIONS
ERP Replacement Planning
Implement New ERP System
Financial Management System
Human Resource/ Payroll System
Enterprise Land Management System
Optimize and Integrate Current Systems:

Cartegraph
ArcGIS
Establish Document Management Standards-LaserFiche
Implement Quarterly Systems Training

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(20) – Implement Performance Management Software
Gaps Addressed
▪Standardizes and automates the review process, ensuring regular, objective, and consistent evaluations, which help in maintaining fairness and transparency ▪Facilitates continuous feedback and creates personalized development plans, providing employees with regular guidance and access to relevant training resources, thereby enhancing their growth and performance.

Action Steps
▪Conduct a thorough analysis to identify the specific performance management needs and objectives of the organization. Engage stakeholders to gather detailed requirements and the desired features and functionalities of the software. ▪Research and evaluate potential performance management software vendors based on functionality, ease of use, scalability, and cost. Request demos, review case studies, and select a vendor that meets the organization’s requirements.

Finalize contracts and terms of service.
▪Work with the selected vendor to configure and customize the software to align with the organization’s performance management processes. Set up performance metrics, review cycles, user roles, and permissions according to organizational needs.
▪Integrate the performance management software with other relevant systems, such as HR and payroll systems, to streamline processes and data flow. ▪Develop and deliver comprehensive training programs to ensure all users are proficient in using the new software.

Prerequisites
▪None
Stakeholders
▪Foster City Staff
▪Foster City Human Resources
▪ITS Department
Resources
▪ITS Department
▪Foster City Departments
▪Foster City Human Resources

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Estimated Cost
▪Staff Time
▪Software fees: ~$25,000 - $170,000 (Dependent on modules desired) Estimated Timeline
▪Q1-Q2 2025 (6 Months)
Impact Statement
▪Implementing performance management software will transform the way our organization tracks and enhances employee performance, fostering a culture of continuous improvement and accountability. This software will streamline goal setting, performance reviews, and feedback processes, reducing administrative burden and increasing efficiency. By providing real-time insights and data- driven analytics, it will empower managers to make informed decisions and support employee development more effectively. Ultimately, this will lead to improved employee engagement, productivity, and overall organizational success.

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(21) – Implement Permitting System
Gaps Addressed
▪Addresses the inefficiencies and inaccuracies associated with manual data entry by automating workflows and ensuring data consistency across departments. ▪Bridges the gap between different departmental systems, providing a unified platform for real-time access to permit information, thereby improving coordination and reducing delays.

Action Steps
▪Conduct a thorough needs assessment to understand the specific requirements of the permitting process. Engage with stakeholders to gather detailed requirements and define the scope of the system.
▪Evaluate and select a suitable permitting system vendor that meets the identified requirements. Follow procurement procedures to acquire the system, ensuring it fits within budget and compliance guidelines.
▪Configure and customize the permitting system to align with the organization's workflows and processes. This includes setting up user roles, permissions, and integrating with existing systems if necessary.
▪Provide comprehensive training to all users on how to effectively use the new permitting system. Plan a phased rollout, starting with a pilot phase, followed by full implementation, while offering ongoing support to address any issues that arise.

Prerequisites
▪Comprehensive review of current systems and engagement with stakeholders.

Stakeholders
▪Foster City Staff
▪Foster City Community Development
Resources
▪ITS Department
▪Foster City Departments
▪Foster City Human Resources
Estimated Cost
▪Staff Time
▪Software Fees: ~ $65,000 – ~ $200,000

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Estimated Timeline
▪ Q3-Q4 2025 (6 Months)
Impact Statement
▪Implementing a new permitting system will significantly enhance operational efficiency by automating workflows and reducing manual data entry errors. It will improve real-time access to permit information across departments, fostering better coordination and faster processing times. This modernization will lead to increased transparency, accountability, and customer satisfaction.

Ultimately, the new system will support the City’s growth and development by streamlining the permitting process and enabling more effective resource management
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(22) – ERP Replacement Planning
Gaps Addressed
▪City stakeholders have identified replacing the ERP system as a goal. ▪Current City systems lack integration, and often, users must enter data redundantly into City systems.
▪Stakeholders state that the current finance system NaviLine is outdated and very difficult to navigate, and reports generated from the system are difficult to read.

Action Steps
▪Conduct a comprehensive needs assessment to identify the specific requirements and challenges with the current ERP system.
▪Establish a dedicated project team, including members from IT, finance, procurement, and other relevant departments, and define their roles and responsibilities.
▪Develop a detailed project plan outlining the scope, objectives, deliverables, timeline with key milestones, and potential risks along with mitigation strategies. ▪Estimate the total cost of the ERP replacement project, including software, hardware, training, and consulting services, and identify potential funding sources to secure the necessary budget.
▪Conduct workshops and meetings with key stakeholders to gather detailed requirements and prioritize them based on importance and impact on City operations.
▪Conduct market research to identify potential ERP solutions and develop a comprehensive Request for Proposal (RFP) document outlining the City's requirements, evaluation criteria, and selection process. ▪Present the project plan, budget, and RFP to senior management and City council for review and approval, and make any necessary revisions based on feedback to secure final approval.

Prerequisites
▪Comprehensive needs assessment and engagement with all relevant departments.
▪Formation of a dedicated project team with defined roles and responsibilities. ▪Form a selection committee to ensure the new ERP system will meet City-wide requirements.

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Stakeholders
▪Foster City Staff
▪ITS Staff
Resources
▪ITS Staff
▪Third Party Consultant
Estimated Cost
▪Staff Time
▪External Consultant Requirements Definition Fees: ~ $40,000 - $60,000 ▪External Consultant RFP Solicitation & Selection Fees: ~ $70,000 - $100, 000 Estimated Timeline
▪ Q4 2024-Q2 2025 (9 Months)
Impact Statement
▪Implementing an ERP system in Foster City will revolutionize our operational efficiency by integrating all departments into a unified platform, ensuring seamless communication and data sharing. This will lead to enhanced decision-making capabilities, allowing for more strategic and informed planning. The ERP system will automate routine tasks, reducing the workload on our staff and enabling them to focus on higher-value activities that directly benefit our community. Financial management will become more transparent and streamlined, ensuring better accountability and resource allocation.

Additionally, residents will experience improved services and faster response times due to the increased efficiency and coordination among City departments. Ultimately, the ERP system will foster a more responsive, efficient, and transparent government, enhancing the overall quality of life in Foster City.

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(23) – Implement New ERP System
Gaps Addressed
▪City stakeholders have identified replacing the ERP system as a goal. ▪The current ERP system is outdated and lacks necessary functionality to support City operations.

Action Steps
▪Establish a comprehensive implementation roadmap that outlines project objectives, key milestones, deliverables, timelines, and risk management strategies to guide the successful deployment of the new ERP system. ▪Oversee the procurement process, including publishing the Request for Proposal (RFP), evaluating vendor proposals, and selecting the ERP solution that best aligns with the organization’s needs and stakeholder expectations. ▪Perform system demonstrations that include selection committee members with shortlisted vendors to assess their solutions' capabilities and finalize the selection. ▪Develop and execute an implementation plan, including data migration, system configuration, and integration with existing systems.
▪Provide comprehensive training and support to all relevant staff to ensure smooth adoption and effective use of the new ERP system.
▪Monitor the implementation process, gather feedback, and make necessary adjustments to address any issues that arise.

Prerequisites
▪Complete ERP Replacement Planning task and gain support from senior management and City Council for the ERP replacement and implementation initiative.
▪Comprehensive needs assessment and engagement with all relevant departments.
▪Allocation of budget and resources for ERP procurement, implementation, and training.

Stakeholders
▪Foster City Staff
▪ITS Staff
Resources
▪ITS Staff

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▪Foster City Staff
▪Software Vendor
▪Third Party Consultant
Estimated Cost
▪Staff Time
▪External Consultant Implementation Fees: ~$300,000 - $350,000 (Implementation fees vary depending on vendor and software(s) selected, accurate cost will require formal scoping)
▪Software fees: ~$250,000 - $1,400,00 plus annual service fees Estimated Timeline
▪Q3 2025-Q4 2027 (30 Months)
Impact Statement
▪Implementing a new ERP system will greatly enhance the City's ability to manage its resources, streamline processes, and improve data integration. A modern ERP system should include financial management, utility billing, human resources/payroll, and enterprise land management functionalities. The new ERP system will provide advanced functionality, better reporting capabilities, and support for process automation, leading to increased productivity and efficiency.

By replacing the outdated system with a modern solution, the City will ensure that its ERP infrastructure meets current and future needs, supporting better decision- making, improved resource management, and enhanced service delivery. This initiative will lay the foundation for a more efficient, effective, and responsive City administration.

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(24) – Optimize and Integrate Current Systems
Gaps Addressed
▪Multiple City stakeholders identified a need for better optimization of existing systems.
▪There is a strong desire to integrate systems where applicable, including Cartegraph and ArcGIS.

Action Steps
▪Conduct a comprehensive review of existing systems (Cartegraph, ArcGIS) to identify optimization and integration opportunities.
▪Develop a detailed integration and optimization plan, including specific objectives, timelines, and resource requirements.
▪Engage with stakeholders to gather detailed requirements and prioritize integration and optimization efforts based on impact and feasibility. ▪Allocate budget and resources for the optimization and integration initiatives, ensuring necessary tools and support are in place.
▪Implement the optimization and integration plan in phases, starting with critical systems, and provide training and support to staff for smooth adoption.

Prerequisites
▪Comprehensive review of current systems and engagement with stakeholders.

Stakeholders
▪Foster City Staff ▪ITS Staff
Resources
▪ITS Staff ▪Third Party Consultant
Estimated Cost
▪Will require formal scoping
Estimated Timeline
▪Q3 2027- Q2 2028 (12 Months)

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Impact Statement
▪Optimizing and integrating current systems, including Cartegraph and ArcGIS, will enhance the efficiency and effectiveness of the City's IT infrastructure. By improving data sharing and collaboration, the City can improve service delivery and operational efficiency. This initiative will ensure that IT systems are fully leveraged to support the City's strategic goals, leading to better decision-making and improved performance. This comprehensive approach will result in a more cohesive and streamlined IT environment, supporting better resource utilization and improved outcomes for City operations.

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(25) – Establish Document Management Standards- LaserFiche Gaps Addressed
▪City stakeholders state that documents are hard to find within the system. ▪Currently, there is no efficient quick search feature; all searches result in multiple results.
▪Only two-thirds of the City's documents are stored digitally, with the remaining third still in physical form.

Action Steps
▪Conduct a comprehensive assessment of the current document management system to identify key issues and areas for improvement. ▪Develop and implement document management standards to streamline the organization and retrieval of documents within Laserfiche. ▪Improve naming fields/requirements for imported documents to create a searchable environment.
▪Digitize and integrate all remaining physical documents into the Laserfiche system to ensure a complete digital archive.
▪Provide training and support to staff on the new document management standards and search functionalities to ensure smooth adoption.

Prerequisites
▪None
Stakeholders
▪Foster City Staff ▪ITS Department
Resources
▪ITS Department ▪Third Party Consultant
Estimated Cost
▪Staff time
▪Staff training
▪Software fees: ~$20,000
Estimated Timeline
▪Q1 2025- Q4 2025 (12 Months)
Impact Statement
▪Establishing document management standards and implementing enhancements within Laserfiche will significantly improve the organization and retrieval of documents. By developing a robust quick search feature and digitizing all physical

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documents, the City can ensure that all information is easily accessible and efficiently managed. This initiative will enhance operational efficiency, reduce the time spent searching for documents, and support better decision-making and service delivery. Ultimately, the project will lead to a more streamlined and effective document management system, benefiting all City departments and stakeholders.

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(26) – Implement Scheduling Software for the Police Department Gaps Addressed
▪Current time tracking and scheduling processes in the police department are paper-based and inefficient.
▪Officers must manually fill out paperwork for occurrences of overtime (OT), paid time off (PTO), and court time, leading to increased administrative workload and potential for errors.
▪Manual entry of scheduling and time-tracking information results in delays and reduced productivity.

Action Steps
▪Conduct a needs assessment to identify the specific scheduling and time- tracking requirements of the police department.
▪Research and select a scheduling software solution that meets the department's needs, ensuring it integrates with existing systems.
▪Develop an implementation plan, including system configuration, data migration, and user training.
▪Pilot the scheduling software with a small group of users to test its functionality and gather feedback.
▪Train all relevant staff and officers on using the new scheduling software and provide ongoing support to ensure smooth adoption.
▪Transition from paper-based to digital scheduling and time tracking processes, ensuring all occurrences of OT, PTO, and court time are recorded and managed within the new system.

Prerequisites
▪None
Stakeholders
▪Foster City Staff
▪Foster City Finance
▪Foster City Police Department
Resources
▪ITS Department ▪Software vendor
Estimated Cost
▪Staff Time
▪Software Costs: ~$15,000

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Estimated Timeline
▪Q3-Q4 2024 (6 Months)
Impact Statement
▪Implementing scheduling software for the police department will significantly enhance the efficiency and accuracy of scheduling and time-tracking processes.

By transitioning from paper-based to digital processes, the department can reduce administrative workload, minimize errors, and improve overall productivity. This software will enable officers to easily record OT, PTO, and court time occurrences, ensuring accurate and timely data entry. The new system will streamline scheduling, enhance resource management, and support better decision-making, ultimately improving operational efficiency and service delivery in the police department.

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(27) – Implement Quarterly Systems Training
Gaps Addressed
▪Currently, there is no structured training program for systems; training is done via shadowing existing employees.
▪Some stakeholders report that only select users know how to use certain systems, and when that person is unavailable, operations are significantly slowed due to the knowledge gap.

Action Steps
▪Identify the current knowledge and skill gaps among employees to determine the key areas for training.
▪Plan a quarterly training schedule that aligns with the City’s operational calendar and employee availability.
▪Choose qualified trainers, either internal or external, and gather the necessary training materials and resources.
▪Define clear objectives for each training session to ensure focused and effective learning outcomes.
▪Inform all employees about the training schedule, objectives, and expectations well in advance.
▪Deliver the training sessions as per the schedule, using interactive and engaging methods to enhance learning.
▪Collect feedback from participants after each session to assess the effectiveness and make necessary adjustments for future training.

Prerequisites
▪Policies & Procedures
Stakeholders
▪Foster City Staff
▪Foster City Human Resources
▪ITS Department
Resources
▪ITS Department

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▪Foster City Departments
▪Foster City Human Resources
Estimated Cost
▪Staff time
▪Software Training Tracking / Modules: ~$10,000 (Optional- price dependent on modules desired)
Estimated Timeline
▪ Ongoing: (every quarter)
Impact Statement
▪Implementing a structured quarterly training program will ensure that all employees are knowledgeable and proficient in using critical systems, reducing the reliance on a few key users. This initiative will enhance operational efficiency, minimize disruptions caused by knowledge gaps, and ensure that all staff members are equipped with the necessary skills to perform their duties effectively.

By providing regular and comprehensive training, the City can foster a culture of continuous learning and improvement, leading to better service delivery and a more resilient workforce.

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IV. Conclusion
In today's digitally driven world, The City of Foster City’s commitment to a comprehensive IT Strategic Plan is paramount, ensuring both the effective functioning of its services and the safeguarding of its digital assets.

Updating Cybersecurity documentation is non-negotiable. As cyber threats continually evolve, so must The City’s defenses against them. Outdated security protocols leave The City vulnerable to attacks, which can lead to data breaches, financial losses, and a tarnished reputation as stewards of critical data. Updated documentation ensures that the organization is prepared to combat emerging threats, protect sensitive data, and maintain the trust of its Citizens.

Assessing ITS staff skills and evaluating the efficacy of the ITS departmental structure are equally crucial. As technology advances, IT professionals must continuously upgrade their skills to remain effective. Regular skills assessments help in identifying gaps, thereby informing training or recruitment needs. An efficient ITS departmental structure ensures that IT operations run smoothly, projects are executed successfully, and there is clear communication and collaboration among teams. An outdated or misaligned structure can lead to inefficiencies, bottlenecks, and missed opportunities for innovation.

Lastly, auditing enterprise business systems is foundational for operational excellence. Foster City must regularly assess that it has the right digital tools in place and that the tools are being utilized optimally. Without such audits, The City risks operating with redundant systems, wasting resources, or missing out on the benefits of more advanced or suitable solutions.

Ensuring tools are used to their full potential maximizes ROI and ensures that The City's operations are agile, efficient, and effective.

In conclusion, for Foster City to remain efficient, resilient, and trusted by both its employees and its constituents, The City must proactively forge ahead through the adoption of its IT Strategic Plan, addressing every facet from cybersecurity to the efficacy of its tools and teams.

Avèro recommends that The City revisit this plan every six (6) months during the plan’s initial rollout, and annually thereafter. It is important to document (and celebrate) completed milestones while still looking ahead to the next critical initiative.

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7 1
4 DATE: September 16, 2024

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

FROM: Benjamin L. Stock, City Attorney
Denise Bazzano, Assistant City Attorney
DEPARTMENT: City Attorney
SUBJECT: PROPOSED ORDINANCE AMENDING SECTIONS 8.11.010,

8.11.020 AND 8.11.030 OF CHAPTER 8.11, “REGULATION OF

THE SALE OF FLAVORED TOBACCO PRODUCTS AND
ELECTRONIC CIGARETTES” WITHIN TITLE 8, “HEALTH AND
SAFETY” OF THE FOSTER CITY MUNICIPAL CODE TO REPEAL

CERTAIN PROVISIONS RELATING TO RESTAURANTS THAT

SELL HOOKAH OR SHISHA TOBACCO PRODUCTS

RECOMMENDATION
It is recommended that the City Council introduce by title only and waive further reading of amending sections 8.11.010, 8.11.020 and 8.11.030 of Chapter 8.11, “Regulation of the Sale of Flavored Tobacco Products and Electronic Cigarettes” within Title 8, “Health and Safety” of the Foster City Municipal Code to repeal certain provisions relating to restaurants that sell hookah or shisha tobacco products.

EXECUTIVE SUMMARY
On March 4, 2024, Councilmember Froomin requested to agendize repealing of Foster City Municipal Code (FCMC) Section 8.11.020 (E) as it is less restrictive than state law.

Councilmember noted that in 2022, the City passed a ban on flavored tobacco sales with exemption for restaurants with 50% of the outdoor seating area designated as smoking areas and selling shisha tobacco products for hookah. Subsequently, in 2023, a state law went into effect, banning flavored tobacco sales by any tobacco retailer in the State.

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4 Currently, there is only one (1) restaurant in the City that meets this exemption under FCMC. Cities can have rules that are stricter than state law but not less restrictive. In addition, repealing section does not affect the business to comply with state law and FCMC by restricting access to only those 21 years or older and meeting other state law requirements. After deliberation, the majority of the Council supported to agendize repealing FCMC Section 8.11.020(E) to remove the provision relating to restaurants to be more consistent with State law (see Meeting Minutes for March 04, 2024).

Staff has prepared the attached proposed Ordinance which amends FCMC Chapter

8.11 to repeal Section 8.11.020(E) and make other conforming amendments to remove the provisions relating to restaurants (see Attachment).

BACKGROUND/ANALYSIS
On August 28, 2020, Senate Bill 793 (SB 793) (Codified in Health and Safety Code Section 104559.5) was signed into law. Health and Safety Code Section 104559.5(b) provides that a tobacco retailer, or any of the tobacco retailer’s agents or employees, shall not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer. Health and Safety Code Sections 104559.5(c), (d) and (e) provide certain exemptions to the prohibition in subdivision (b), including the sale of “Shisha tobacco product[s]”, which is a tobacco product smoked or intended to be smoked in a hookah, by certain permitted/licensed retailers as well as the sale of certain specialty cigars and loose leaf tobacco. Health and Safety Code Section 104559.5(g) specifically preempts a local standard that imposed less restrictive standards on the access to tobacco products but did not preempt any local standards that imposed more restrictive standards. SB 793 was subject to a referendum which delayed its implementation until after the elections in November 2022, when it was confirmed by the voters through Proposition 31.

On November 7, 2022, the City Council adopted Ordinance No. 653 to add a new FCMC Chapter 8.11 within Title 8, Health and Safety, to regulate the sale of flavored tobacco products and electronic cigarettes. Ordinance No. 653 substantively mirrored the requirements of SB 793 except that Ordinance No. 653 included in subdivision (E) of FCMC Section 8.11.020 language which specified that restaurants that have 50% of the outdoor seating area designated as smoking areas and sell hookah products for use with a hookah pipe as an approved use as of the effective date of the Ordinance would not be subject to the prohibition for the sale of flavored tobacco by tobacco retailers in subdivision (A) of FCMC Section 8.11.020. Ordinance No. 653 also included Section 8.11.060 that provides that nothing in FCMC Chapter 8.11 should be interpreted or applied to create any requirement, power, or duty that is preempted by state law.

At the March 4, 2024, City Council meeting, Councilmember Froomin presented a request for a future agenda item to consider repealing FCMC Section 8.11.020(E) to

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4 remove the provision relating to restaurants. Councilmember Froomin stated that he believed that subdivision (E) should be repealed because it is less restrictive than State law, as there is no provision in SB 793 to exempt a tobacco retailer simply because they are a restaurant. At the end of the discussion, the majority of the Council supported agendizing the repeal of FCMC Section 8.11.020 (E).

Although Ordinance No. 653 could not be enforced to the extent that the City’s regulations were preempted by State law, the proposed Ordinance would revise the provisions of FCMC Chapter 8.11 to be more consistent with Health and Safety Code Section 104559.5. The proposed Ordinance would repeal subdivision (E) in FCMC Section 8.11.020 to remove the provision relating to restaurants, as well as subdivision (B) in FCMC Section 8.11.030, which has the same language. The proposed Ordinance would also remove the definition of restaurants under FCMC Section 8.11.010.

California Environmental Quality Act
The Ordinance is not a project within the meaning of Section 15378 of CEQA Guidelines because it has no potential for resulting in either a direct or a reasonably foreseeable indirect physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of having a significant effect on the environment.

FISCAL IMPACT
Adoption of this ordinance would not have a significant fiscal impact given that the proposed Ordinance only makes minor changes.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Public Safety and Social Equity
ATTACHMENTS:

Attachment 1 - Proposed Ordinance

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ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF FOSTER CITY TO AMEND SECTIONS 8.11.010,

8.11.020 AND 8.11.030 OF CHAPTER 8.11, “REGULATION OF THE SALE OF FLAVORED TOBACCO PRODUCTS AND ELECTRONIC CIGARETTES” WITHIN TITLE 8, “HEALTH AND SAFETY” OF THE FOSTER CITY MUNICIPAL CODE TO REPEAL

CERTAIN PROVISIONS RELATING TO RESTAURANTS THAT SELL HOOKAH AND

SHISHA TOBACCO PRODUCTS

CITY OF FOSTER CITY
WHEREAS, on August 28, 2020, SB 793 (Health and Safety Code section 104559.5) was signed into law and prohibited a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer; and
WHEREAS, Health and Safety Code section 104559.5(c), (d) and (e) (b) has several exemptions, including the sale of “Shisha tobacco product[s]” and the sale of certain specialty cigars and loose-leaf tobacco; and
WHEREAS, Health and Safety Code section 104559.5(g) specifically preempts a local standard that imposed less restrictive standards on the access to tobacco products but did not preempt any local standards that imposed more restrictive standards; and WHEREAS, on November 7, 2022, the City Council adopted Ordinance No. 653 to add a new Chapter 8.11 within Title 8 to regulate the sale of flavored tobacco products and electronic cigarettes; and
WHEREAS, Ordinance No. 653 substantively mirrored the requirements of SB 793 except that Ordinance No. 653 included in subdivision (E) of section 8.11.020 language which specified that restaurants that have 50% of the outdoor seating area designated as smoking areas and sell hookah products for use with a hookah pipe as an approved use as of the effective date of the ordinance would not be subject to the prohibition for the sale of flavored tobacco by tobacco retailers in subdivision (A) of section 8.11.020 of the Foster City Municipal Code; and
WHEREAS, Ordinance No. 653 also included section 8.11.060 that provides that nothing in Chapter 8.11 should be interpreted or applied to create any requirement, power, or duty that is preempted by state law; and
WHEREAS, although Ordinance No. 653 could not be enforced to the extent that the City’s regulations were preempted by State law given the language in section

8.11.060, the City Council now desires to amend Chapter 8.11 to repeal subdivision (E) in section 8.11.020 to remove the provision relating to restaurants and other conforming

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amendments to revise the provisions of Chapter 8.11 to be more consistent with Health and Safety Code section 104559.5.

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

Section 1. Recitals. The foregoing recitals are true and correct and incorporated herein as findings which are the basis for the amendment.

Section 2. Amendment. Sections 8.11.010, 8.11.020 and 8.11.030 of Chapter

8.11, “Regulation of the Sale of Flavored Tobacco Products and Electronic Cigarettes” within Title 8, “Health and Safety” of the Foster City Municipal Code is hereby amended to read as follows, with repealed (deleted) provisions shown in strikethrough:
“8.11.010 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
“Characterizing flavor” means a distinguishable taste or aroma or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product. Characterizing flavors include, but are not limited to, tastes or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition that constitutes a characterizing flavor.
“Constituent” means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet that is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product. “Distinguishable” means perceivable by either the sense of smell or taste. “Electronic cigarette” has the meaning set forth in Section 30121 of the California Revenue and Taxation Code, as may be amended from time to time. “Flavored shisha tobacco product” means any shisha tobacco product that contains a constituent that imparts a characterizing flavor.
“Flavored tobacco product” means any tobacco product that contains a constituent that imparts a characterizing flavor.

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“Hookah” means a type of water pipe, used to smoke shisha or other tobacco products, with a long flexible tube for drawing aerosol through water. Components of a hookah may include heads, stems, bowls, and hoses.
“Hookah tobacco retailer” means a tobacco retailer that is engaged in the retail sale of shisha tobacco products, hookah, and hookah smoking accessories at a retail location. “Labeling” means written, printed, pictorial, or graphic matter upon a tobacco product or any of its packaging.
“Loose leaf tobacco” consists of cut or shredded pipe tobacco, usually sold in pouches, excluding any tobacco product which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes, including roll-your-own cigarettes. “Packaging” means a pack, box, carton, or container of any kind, or, if no other container, any wrapping, including cellophane, in which a tobacco product is sold or offered for sale to a consumer.
“Person” means any individual, partnership, cooperative association, private corporation, or any other legal entity.
“Premium cigar” means any cigar that is handmade, is not mass-produced by use of mechanization, has a wrapper that is made entirely from whole tobacco leaf, and has a wholesale price of no less than twelve dollars. A premium cigar does not have a filter, tip, or nontobacco mouthpiece and is capped by hand.
“Restaurants” means any coffee shop, cafeteria, short order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or eating establishment, and any other eating establishment, organization, club (including veterans’ club), boardinghouse or guesthouse, the primary function of which is to give, sell or offer for sale food to the public, guests, patrons or employees. “Retail location” means both of the following:

1. A building from which tobacco products are sold at retail.

2. A vending machine.
“Sale” includes any transfer of title or possession for a consideration, exchange or barter, in any manner or by any means whatever.
“Shisha tobacco product” means a tobacco product smoked or intended to be smoked in a hookah. “Shisha tobacco product” includes, and may be referred to as, hookah tobacco, water pipe tobacco, maassel, narghile, and argileh. “Shisha tobacco product” does not

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include any electronic devices, such as an electronic hookah, electronic cigarette, or electronic tobacco product.
“Tobacco product” means a tobacco product as defined in Section 104495(a)(8) of the California Health and Safety Code, as that provision may be amended from time to time. “Tobacco product flavor enhancer” means a product designed, manufactured, produced, marketed, or sold to produce a characterizing flavor when added to a tobacco product. “Tobacco retailer” means a person who engages in the sale of tobacco products directly to the public from a retail location. “Tobacco retailer” includes a person who operates vending machines from which tobacco products are sold in the city of Foster City.

8.11.020 Sale of flavored tobacco products prohibited.

A. A tobacco retailer, or any of the tobacco retailer’s agents or employees, shall not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer within the geographic boundaries of Foster City.

B. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer’s agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, images, or all, on the product’s labeling or packaging that are used to explicitly or implicitly communicate that the tobacco product has a characterizing flavor.

C. Subsection A of this section does not apply to the sale of flavored shisha tobacco products by a hookah tobacco retailer if all of the following conditions are met:

1. The hookah tobacco retailer has a valid license to sell tobacco products issued pursuant to Chapter 2 (commencing with Section 22971.7) of Division 8.6 of the Business and Professions Code.

2. The hookah tobacco retailer does not permit any person under twenty-one years of age to be present or enter the premises at any time.

3. The hookah tobacco retailer shall operate in accordance with all relevant state and local laws relating to the sale of tobacco products.

4. If consumption of tobacco products is allowed on the premises of the hookah tobacco retailer, the hookah tobacco retailer shall operate in accordance with all state and local laws relating to the consumption of tobacco products on the premises of a tobacco retailer, including, but not limited to, Section 6404.5 of the Labor Code.

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D. Subsection A of this section does not apply to sales of premium cigars sold in cigar lounges where tobacco products are purchased and consumed only on the premises of a cigar lounge.

E. Subsection A of this section does not apply to restaurants that have fifty percent of the outdoor seating area designated as smoking areas and sell shisha tobacco products for hookah as an approved use as of the effective date of the ordinance codified in this chapter.

8.11.030 Sale of electronic cigarettes prohibited.

A. A tobacco retailer, or any of the tobacco retailer’s agents or employees, shall not sell, offer for sale or possess with the intent to sell or offer for sale electronic cigarettes within the geographic boundaries of Foster City.

B. Subsection A of this section does not apply to restaurants that have fifty percent of the outdoor seating area designated as smoking areas and sell shisha tobacco products for hookah as an approved use as of the effective date of the ordinance codified in this chapter.”
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. Environmental Determination.

The Ordinance is not a project within the meaning of Section 15378 of CEQA Guidelines because it has no potential for resulting in either a direct or a reasonably foreseeable indirect physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of having a significant effect on the environment.

Section 5. Publication.

This Ordinance shall be published in accordance with the law.

Section 6. Effective Date.

This Ordinance shall take effect 30 days from the date of adoption.

Section 7. Posting.

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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 16 th day of September, and passed and adopted on the ________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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DATE: September 16, 2024

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

FROM: Derek Schweigart, Parks and Recreation Director
Tiffany Oren, Recreation Manager
Madeline Koval, Recreation Coordinator
DEPARTMENT: Parks and Recreation
SUBJECT: APPOINTMENT OF FIFTEEN MEMBERS TO THE YOUTH

ADVISORY COMMITTEE

RECOMMENDATION
It is recommended that City Council approve the attached resolution appointing the following fifteen members to the Youth Advisory Committee to annual full terms on the Youth Advisory Committee (YAC) for the 2024-2025 school year.

Name, School, Grade
Medha Chellapilla, Bowditch Middle School, 8
Jakob Gowdy, Hillsdale High School, 10
*Kiana Gowdy, Hillsdale High School, 12
*Aanvi Gupta, Aragon High School, 12
*Amperly Hom, San Mateo High School, 11
Anoushka Kashyap, San Mateo High school, 10
Navya Kayath, San Mateo High School, 9
*Emily Liu, Hillsdale High School, 12
*Emily Meng, Burlingame High School, 11
*Isha Misra, San Mateo High School, 10
Raneem Motalib, San Mateo High School, 11
*Nolan Quan, Hillsdale High School, 10
Meilin Rife, Aragon High School, 11
*Lian Wang, Aragon High School, 12

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*Francesca Wesley, San Mateo High School, 12
* denotes returning members

EXECUTIVE SUMMARY
Staff conducted interviews of all new and returning applicants. Staff reviewed a total of 37 applicants for YAC for the 2024-2025 school year. Based on the interview process and evaluation, staff recommends the above 15 applicants be appointed to the YAC for the 2024-2025 school year.

BACKGROUND/ANALYSIS
YAC was developed to encourage greater participation of youth within Foster City. The Committee’s goal is to explore teen issues and report recommendations and results to City Council.

YAC has been operating successfully with 15 members (down from 25), since 2011.

The decrease in committee size was supported by City Council, feeling that this number would continue to effectively involve a large cross section of the youth/teen community. YAC is large enough to efficiently plan and implement activities; all members can actively participate and work as a team; and the Parks and Recreation Department staff liaison is able to spend more time guiding and advising each individual member. Staff and YAC members saw a need to create the classification of ‘Member- at-Large’ positions due to the overwhelming interest in being involved in YAC activities.

Members-at-Large do not sign the YAC commitment contract and do not have voting privileges. They do, however, attend meetings. The addition of Members-at-Large meets the needs of the Foster City youth when they cannot commit to attending eighty percent of the required committee meetings.

The process for choosing YAC committee members includes reviewing applications with questions that focus on the applicant’s involvement in school and community activities. The following criteria are used to select applicants:
•Outstanding level of commitment in previous years serving on the YAC •School Representation
•Grade Representation
•Involvement in community activities
•Interview

This year, staff liaison, Madeline Koval, conducted interviews for the YAC. Of the 51 applications received, 37 candidates scheduled an interview to assess their interest and alignment with the committee's goals. Overall, the process highlighted the importance of effective outreach and careful evaluation to select committee members.

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There are 15 YAC applicants recommended for approval. Upon City Council approval, YAC would have a full complement of fifteen active members for the 2024-25 school year.

Staff recommends that the above applicants be appointed as outlined in this staff report.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
There is no fiscal impact associated with this item.

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

Attachment 1 - Resolution
Attachment 2 - Contract
Attachment 3 - Application

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RESOLUTION NO.____________

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

APPROVING THE APPOINTMENT OF FIFTEEN MEMBERS TO THE YOUTH

ADVISORY COMMITTEE

CITY OF FOSTER CITY
WHEREAS, staff reviewed thirty seven applicants for the Youth Advisory Committee for the 2024-2025 school year; and
WHEREAS, Fifteen applicants met the minimum requirements; and WHEREAS, staff conducted interviews of all new applicants; and WHEREAS, selections were made based on the following criteria:
• Outstanding level of commitment in previous years serving on the YAC • School Representation
• Grade Representation
• Involvement in community activities
• Interview
WHEREAS, it is recommended that the City Council appoint the following fifteen members to the Youth Advisory Committee: Medha Chellapilla, Jakob Gowdy, Kiana Gowdy, Aanvi Gupta, Amperly Hom, Anoushka Kashyap, Navya Kayath, Emily Liu, Emily Meng, Isha Misra, Raneem Motalib, Nolan Quan, Meilin Rife, Lian Wang, Francesca Wesley to full terms on the Youth Advisory Committee for the 2024-2025 school year.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby appoint the above named applicants for the full term on the Youth Advisory Committee for the 2024-2025 school year.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 16th day of September, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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The City of Foster City
2024 – 2025 Youth Advisory Committee

COMMITEMENT CONTRACT

As a member of the Youth Advisory Committee, I agree to the following:

1. I commit to participate on the Youth Advisory Committee from September 2024 through June 2025.

2. I promise to miss no more than three regularly scheduled meetings.

3. I promise to serve on at least two sub-committees throughout the term.

4. I will observe policies and procedures of the City of Foster City and the Parks and Recreation Department.

I understand that if I fail to meet the above commitments, my continued service with the Foster City Youth Advisory Committee will be reviewed. If the committee members feel it is necessary, a recommendation for removal from the committee may be forwarded to the City Council for review.

YAC Member Signature: Date:

Parent/Guardian Signature: Date:

YAC Advisor Signature: Date:

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* Required
2024-25 Youth Advisory Committee Application
Statement of Purpose
The Foster City Youth Advisory Committee shall have the following purpose, power and duties:

1. Foster greater involvement of youth in municipal government and civic affairs.2. Study problems, activities, and concerns of youth, especially as they relate to municipal programs or projects of the City of Foster City.3. Hold forums on problems, activities, and concerns of youth, either alone or in conjunction with other governmental agen-cies and community organizations as the Youth Advisory Committee deems desirable.4. Recommend the implementation of community programs which the Youth Advisory Committee deems desirable.5. Review those municipal matters referred to YAC by the City Council or other City Committees and make recommendations to the Council or committees on those matters.

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Requirements
To be a member of the Youth Advisory Committee you must:

1. Be a resident of Foster City.2. Be entering grades 6 though 12 in Fall of 2024.3. Be available for a team building, leadership training in September.4. Be available for meetings on Wednesdays from 7:00-8:00pm beginning in September and ending in June.5. Be willing to attend additional meetings as necessary.

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Commitment
As a member of the Youth Advisory Committee you must sign a contract which states you will:

1. Participate on the Committee from September 2024 through June 2025.2. Miss no more than 3 regularly scheduled meetings/events.3. Serve on at least two subcommittees throughout the term.4. Observe all policies and procedures of the City of Foster City and the Parks and Recreation Department.

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Please fill out the following:

Name * 1.

Address * 2.

Phone Number * 3.

Email Address * 4.

Birthdate * 5.

School and grade in Fall 2024 * 6.

Extra Curricular Activities * 7.

Why do you want to be a member of YAC? * 8.

What issues would you like to see addressed by YAC? * 9.

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This content is neither created nor endorsed by Microsoft. The data you submit will be sent to the form owner.

Microsoft Forms
What do you feel you can offer as a member of this committee? * 10.

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0 DATE: September 16, 2024

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

FROM: Waqas Hassan, Assistant Finance Director
Derek Schweigart, Parks and Recreation Director
DEPARTMENT: Finance
Parks and Recreation
SUBJECT: TRANSFER OF ESTIMATED EXCESS FUNDS IN THE AMOUNT OF $3,490,558 FROM THE CITY CIP FUND (FUND 301)
RECREATION CENTER REBUILD PROJECT (301-678) TO THE

CAPITAL ASSET ACQUISITION AND REPLACEMENT FUND
(FUND 326)

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing a transfer of estimated excess funds in the amount of $3,490,558 from the City CIP Fund (Fund 301), originally appropriated for the Recreation Center Rebuild Project (CIP 301- 678), to the Capital Asset Acquisition and Replacement Fund (CAAR Fund 326).

EXECUTIVE SUMMARY
On September 3, 2024, the City Council approved the award of a construction contract with BHM Construction, LLC in the total amount of $44,626,000 which includes the base bid amount of $40,647,000 plus $3,979,000 for the inclusion of six approved bid alternates. The total project cost Estimate at Completion (EAC) which consists of design, construction, construction management and inspection, contingencies, and miscellaneous costs is estimated to total $61,034,770. Based on the favorable bids received, the approved project budget in the amount of $64,525,328 appears more than adequate to cover all project costs. As a result, the City Council directed staff to transfer the estimated excess funds of $3,490,558 back to the CAAR Fund. The

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0 attached resolution formalizes the transfer of the respective funds from City CIP 301, originally appropriated for the Recreation Center Rebuild Project (CIP 301-678), to CAAR Fund 326.

BACKGROUND/ANALYSIS
Discussions related to the future of the current Recreation Center began in 2016. Given the age of the Recreation Center and infrastructure improvements needed, the City Council considered whether to invest this funding in the existing facility or to create a new, enhanced recreational facility. After an extensive outreach effort over the course of the next few years and consideration of funding options, at the regular City Council meeting on January 31, 2022, the City Council directed staff to proceed with the “build- to-budget” option for the Recreation Center Rebuild Project (Project) in an amount not- to-exceed $55 million and to proceed with utilizing $36 million funding from CAAR Fund 326 and $19 million from General Fund Reserves. On March 21, 2022, the City Council adopted Resolution No. 2022-26, authorizing the transfer and use of these funds for a total of $55.3 million for the Project.

At the regular City Council meeting on January 16, 2024, the City Council received a Project budget update and directed several actions to address the Project budget shortfall between the approved budget of $55,374,250 and the design team’s estimate of $65,943,000. Following the direction received at the January 16, 2024 City Council meeting, additional budget allocations authorized as part of the FY24-25 budget process, as of date, the total project budget for CIP 301-678 is $64,992,328, out of which $64,525,328 has already been approved by the Council and the remaining $467,000 (from future Park Facility Impact Fees) is programmed for FY 2025-26 which staff will bring forward for the Council’s consideration as part of next year’s budget process.

At the regular City Council meeting on September 3, 2024, the City Council adopted a resolution awarding a construction contract to BHM Construction, LLC for the Base bid amount of $40,647,000 plus the following Bid Alternates:
a. A1. Expanded Entry Canopy ($773,000)
b. A3. Fitness Room Operable Partition ($176,000)
c. L1a. Playcraft Playground and Rubberized Safety Surface ($513,000) d. L2. Event Terrace Glass Wind Screen ($256,000)
e. L3. Bocce Court ($1,043,000)
f. E1. Photovoltaic Panel System (PV) without energy storage ($1,218,000) The total revised estimated cost of the Project including design, construction, construction management and other ancillary costs is estimated to be $61,034,770.

Below is a chart presenting the itemized estimated cost.

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0 Based on previous actions and the estimated cost of the Project, the current approved project budget is $64,525,328, resulting in a difference of $3,490,558 ($64,525,328 - $61,034,770) in excess funds that are estimated to remain unused at the end of the project. Based on Council direction received at the September 3, 2024 City Council meeting, the estimated excess funds of $3,490,558 will be transferred back to the CAAR Fund.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
Per Council’s direction, a transfer of estimated excess funds will be initiated in the amount of $3,490,558 from Fund 301, originally appropriated for CIP 301- 678, and returned to the CAAR Fund 326, resulting in the post transfer CAAR Fund balance of $8,503,765 as of date.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Staff Empowerment and Operational Excellence
Facilities and Infrastructure
ATTACHMENTS:

Attachment 1 – Resolution
1 CONCEPT DESIGN - PUBLIC OUTREACH 242,172
2 ARCHITECTURE & ENGINEERING 6,208,207
3 SURVEYS 0
4 ENVIRONMENTAL 70,000
5 SPECIAL INSPECTION AND TESTING 871,520
6 DIRECT CONSTRUCTION COSTS WITH RECOMMENDED
ALTERNATES A1, A3, L1a, L2, L3, E1 49,088,600
7 TEMPORARY FACILITIES - SERVICES - RELOCATION 492,416
8 FIXTURES, FURNISHINGS, & EQUIPMENT (FF&E) 1,190,000
9 ELECTRONIC SYSTEMS AND SPECIAL EQUIPMENT 115,000
10 CONSTRUCTION MANAGEMENT 2,173,500
11 UTILITY COMPANY CONNECTION SERVICES AND FEES 235,000 12 CITY FEES AND ADMINISTRATION 161,142
13 CONTINGENCY 168,863
14 CATHODIC PROTECTION 18,350
TOTAL PROJECT COSTS WITH ALTERNATES $61,034,770

10.2 10.2 Staff Report

198

RESOLUTION NO. _____________

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

APPROVING THE TRANSFER OF ESTIMATED EXCESS FUNDS IN THE AMOUNT OF $3,490,558 FROM THE CITY CIP FUND (FUND 301) RECREATION CENTER REBUILD PROJECT (CIP 301-678) TO THE CAPITAL ASSET ACQUISITION AND REPLACEMENT FUND (CAAR FUND 326)

CITY OF FOSTER CITY
WHEREAS, at the regular City Council meeting on January 31, 2022, the City Council directed staff to proceed with the “build-to-budget” option for the Recreation Center Rebuild Project in an amount not-to-exceed $55 million and to proceed with utilizing $36 million funding from CAAR Fund 326 and $19 million from General Fund Reserves, and confirmed this fund transfer by adopting Resolution No. 2022-26; and WHEREAS, with the adoption of the FY 2024-25 budget, the total project budget for CIP 301-678 is $64,992,328, out of which $64,525,328 has already been approved by the Council and the remaining $467,000 (sourced from Park Facility Impact Fees) is programmed for FY 2025-26; and
WHEREAS, at the regular City Council meeting on September 3, 2024, the City Council adopted a resolution to award a construction contract to BHM Construction, LLC for the base bid amount of $40,647,000, and with the contingency and bid alternates, the total estimated project cost is $61,034,770; and WHEREAS, at the regular City Council meeting on September 3, 2024, the City Council directed staff to return with a resolution transferring the estimated excess funds of $3,490,558 from the CIP 301-678 and returning it to CAAR Fund 326; and WHEREAS, the funds are appropriate to return to the CAAR Fund 326 as they were derived from the following three sources pursuant to Resolution 2012-75 (1) proceeds realized as a result of the sale of real property; 2) principal and interest payments on loans associated with the sale of real property; or, 3) investment earnings on pooled cash and/or investments in the fund; and
WHEREAS, the funds are appropriate to return to the CAAR Fund 326 as the entirety of the $36 million funds that was originally appropriated by the Council using the CAAR Fund to partially fund the project costs would not be used, and therefore, the excess remaining funds would be returned to the CAAR Fund.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City that the above recitals are true and correct.

10.2 Attachment 1 - Resolution

199

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BE IT FURTHER RESOLVED, that the Council hereby approves the transfer of the estimated remaining unused funds of $3,490,558 from the CIP 301-678 to CAAR Fund 326.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 16th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
___________________________________

PRISCILLA SCHAUS, CITY CLERK

10.2 Attachment 1 - Resolution

200

DATE: September 16, 2024

TO: Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors

FROM: Benjamin Stock, City Attorney/District Legal Counsel

DEPARTMENT: City Attorney
SUBJECT: SECOND AMENDMENT TO CITY/DISTRICT MANAGER STEFAN CHATWIN’S EMPLOYMENT AGREEMENT

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors (City Council) adopt resolutions approving the second amendment to the City/District Manager’s Employment Agreement which adjusts the annual compensation from $316,057 to $328,067.

BACKGROUND/ANALYSIS
Stefan Chatwin was appointed as City/District Manager effective June 21, 2022, and continues to serve in that position. Pursuant to the Employment Agreement between the City/District and Mr. Chatwin, his performance is to be evaluated on an annual basis during the term of his employment.

On August 19, 2024, the City Council/EMID Board conducted its annual review of Mr.

Chatwin’s performance. Based on that review, the City Council/EMID Board instructed that a contract amendment adjusting the City Manager’s base compensation be prepared for consideration, per Paragraph 7, Salary, the Employment Agreement which states, “Increases in salary will be determined by the City Council/District Board as part of Employee’s performance evaluations, and in no case shall Employee’s annual salary increase exceed that of other across the board increases for Management employees.” The City/District Manager’s Employment Agreement, Paragraph 7, Salary, set his base compensation at $274,000 per year which was adjusted effective June 1, 2023 as part of the Koff & Associates compensation study. It was adjusted again effective July 1,

10.3 10.3 Staff Report

201

2023 to align with changes approved in the Compensation and Benefits Plan for Management.

Effective July 1, 2024, the Compensation and Benefits Plan for Management provided an across-the-board increase to base salary based on the SF-Bay Area CPI-U to April 2023 to April 2024 (Urban) which equated to 3.8%.

Adjustments to the City/District Manager’s compensation require City Council/EMID Board action by resolution. Attached for the City Council/EMID Board’s consideration is a resolution amending Paragraph 7 of the City/District Manager’s Employment Agreement, increasing the base annual compensation rate by 3.8% to $328,067 effective July 1, 2024, in alignment with what other Management employees received.

In order to implement this contract amendment, the City Council /EMID Board must adopt the attached resolution. If adopted, then both the Mayor/President and City/District Manager would execute the contract amendment, as shown in Attachment 3, thereby adjusting the City Manager's base compensation.

California Environmental Quality Act
CEQA General Rule Exemption

FISCAL IMPACT
Approving the Second Amendment to the City/District Manager’s Employment Agreement will adjust the annual compensation for the City/District Manager from $316,057 to $328,067 effective July 1, 2024. A 3.8% increase was budgeted in FY24/25 budget so there is no additional fiscal impact at this time.

ATTACHMENTS:

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Second Amendment to the Employment Agreement

10.3 10.3 Staff Report

202

RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING THE SECOND AMENDMENT TO THE CITY MANAGER’S EMPLOYMENT

AGREEMENT

CITY OF FOSTER CITY
WHEREAS, the City of Foster City and Stefan Chatwin entered into an Employment Agreement on June 21, 2022, which appointed Stefan Chatwin as the City Manager for the City of Foster City; and
WHEREAS, on June 20, 2023, the City Council adopted City Resolution No. 2023- 70, approving the First Amendment to City Manager's Employment Agreement; and WHEREAS, pursuant to the Employment Agreement, the City Council is required to evaluate the City Manager’s performance annually; and WHEREAS, based on its review, the City Council has determined that the City Manager’s base compensation should be adjusted; and
WHEREAS, the City Manager’s Employment Agreement requires that adjustments to compensation and benefit be approved by resolution.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City, that the City Manager’s Employment Agreement is hereby amended, as outlined in the Second Amendment.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 16 th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

10.3 Attachment 1 - City Resolution

203

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RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING THE SECOND AMENDMENT TO THE DISTRICT MANAGER’S EMPLOYMENT AGREEMENT

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Estero Municipal Improvement District and Stefan Chatwin entered into an Employment Agreement on June 21, 2022, which appointed Stefan Chatwin as the District Manager for the Estero Municipal Improvement District; and WHEREAS, on June 20, 2023, the EMID Board of Directors adopted EMID Resolution No. 3734, approving the First Amendment to City/District Manager's Employment Agreement; and
WHEREAS, pursuant to the Employment Agreement, the Board of Directors is required to evaluate the District Manager’s performance annually; and WHEREAS, based on its review, the Board of Directors has determined that the District Manager’s base compensation should be adjusted; and WHEREAS, the District Manager’s Employment Agreement requires that adjustments to compensation and benefit be approved by resolution.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Estero Municipal Improvement District, that the District Manager’s Employment Agreement is hereby amended, as outlined in the Second Amendment.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 16th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, PRESIDENT
ATTEST:
_________

PRISCILLA SCHAUS, DISTRICT SECRETARY

10.3 Attachment 2 - EMID Resolution

204

4891-7435-9145 v1
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SECOND AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF FOSTER CITY AND STEFAN CHATWIN
This document constitutes the Second Amendment to the Employment Agreement entered into as of the 21st day of June, 2022 by and between the City of Foster City/Estero Municipal Improvement District hereinafter called “City/District” and Stefan Chatwin, hereinafter called “Employee”.

The Second Amendment is entered into with reference to the following facts and circumstances:

A. Paragraph 7 of the Employment Agreement shall be amended to read as follows:

7. Effective July 1, 2024, City/District agrees to pay Employee $328,067 in base salary per year during the remaining term of this Agreement for his services. All salary payments to Employee shall be payable in installments at the same time as the other employees of the City/District are paid and subject to the customary withholding. Increases in salary will be determined by the City Council/District Board as part of Employee’s performance evaluations, and in no case shall Employee’s annual salary increase exceed that of other across the board increases for Management Employees.

B. All other terms and conditions of the Employment Agreement shall remain in force and effect.

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

DATED: DATED:

CITY OF FOSTER CITY/

ESTERO CITY MUNICIPAL

IMPROVEMENT DISTRICT
By: PATRICK SULLIVAN, MAYOR/PRESIDENT STEFAN CHATWIN
ATTEST
Priscilla Schaus, City Clerk/District Secretary
Approved as to Form
Benjamin Stock, City Attorney/District Legal Counsel

10.3 Attachment 3 - Second Amendment to Chatwin Employment Agreement

205

Prepared Date 8/28/2024 City of Foster City, CA
Accounts Payable Check Register

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Foster City City CouncilSeptember 16, 2024

Foster City City Council
September 16, 2024