Agenda packet — Foster City City Council, October 7, 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, October 07, 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 the Week of October 612, 2024 as “Fire Prevention Week”

4.2. A Proclamation Recognizing October 14, 2024 as “Indigenous Peoples’ Day”

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

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

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

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

6.1. 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 (First Reading on September 16, 2024)
a) Adopt Ordinance

6.2. A Resolution of the City Council of the City of Foster City Approving Contract Amendment No. 1 to the Contract with Julio’s Cleaning and Maintenance Services Dated September 3, 2024, to Remove the Recreation Center and Add the Temporary Modular Recreation Center Facilities to the Scope of Work Due to the Approval of the Recreation Center Rebuild Project and Authorize the Mayor to Execute Amendment No.1
a) Staff Report
b) Adopt Resolution

6.3. A Resolution of the City Council of the City of Foster City Approving and Authorizing Staff to Issue a Request for Proposals (RFP) for Consulting Services for an Amendment to the City of Foster City's General Plan Parks and Open Space Element and Conservation Element and to Find the Request Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
a) Staff Report
b) Adopt Resolution

6.4. A Resolution of the City Council of the City of Foster City Authorizing Recreation Center Surplus Office Furniture and Equipment Donations to Local NonProfit Organizations
a) Staff Report
b) Adopt Resolution

6.5. A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Execute an Agreement with Pacific Gas and Electric (PG&E) in the Amount of $82,701.44 for the Construction of the Temporary Power for the Recreation Center Rebuild Project (CIP 301678)
a) Staff Report
b) Adopt Resolution

6.6. A Resolution of the City Council of the City of Foster City Authorizing an Appropriation of $73,200 from the General Fund to Account No. 0010220 4144251 for Costs Associated with the City’s Transition to DistrictBased Elections
a) Staff Report
b) Adopt Resolution

6.7. a) A Resolution of the City Council of the City of Foster City Approving and Adopting the Pay Plans for Fiscal Year 20242025; Fiscal Year 20242023; and Fiscal Year 20222023; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Pay Plans for Fiscal Year 20242025; Fiscal Year 20242023; and Fiscal Year 20222023 c) Staff Report
d) Adopt Resolutions

6.8. A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Award of Construction Contract to Performance Mechanical, Inc. in the Amount of $1,289,130 for the Construction of Lift Station 59 Effluent Line Improvement Project (CIP 455695) and the Establishment of a Construction Contingency in the Amount of $130,000; the Execution of a Task Order CON202401 with Consor PMCM, Inc. in the Amount of $149,305 for Construction Management and Inspection Services and the Establishment of a Contingency in the Amount of $30,000; the Execution of Amendment No. 3 with BKF Inc. in the Amount of $10,833 for Construction Design Support Services and Increasing Contingency in the Amount of $16,000; and Finding the Approval Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15061(B) (3) and 15301(C)—Existing Facilities
a) Staff Report
b) Adopt Resolution

7. PUBLIC HEARINGS
(To Start at a Time Certain of 7:00 p.m.)

7.1. A Public Hearing to Hear and Receive Community Input Regarding the Composition of Voting Districts and Number of Districts a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – Conduct the first public hearing to receive community input and provide input to staff regarding the composition of voting districts and number of districts

8. REPORTS

8.1. Consideration of Whether Council Desires to Establish a Policy to Require the Mayor to Vote According to Council Direction When Voting on Items from the San Mateo County Council of Cities/Selection Committee for Regional Appointments; and if so, Provide Direction to Staff on the Form of That Policy a) Staff Report
b) Action By Minute Order, Provide Policy Direction

9. STUDY SESSION

9.1. Update on Reach Codes
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

9.2. Policy Direction on Rental Registry Program
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on September 5, 2024, and September 16, 2024, and ACH were processed on September 5, 2024
a) Information Item Only
b) No Action Required

11. 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.

12. ADJOURNMENT
The public is invited to attend.

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

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

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

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

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, October 07, 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 the Week of October 612, 2024 as “Fire Prevention Week”

4.2. A Proclamation Recognizing October 14, 2024 as “Indigenous Peoples’ Day”

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

6.1. An Ordinance of the City of Foster City to Amend Sections 8.11.010,

7. PUBLIC HEARINGS
(To Start at a Time Certain of 7:00 p.m.)

8. REPORTS

9. STUDY SESSION

9.1. Update on Reach Codes
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

9.2. Policy Direction on Rental Registry Program
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

10. COMMUNICATIONS

12. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, October 07, 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 the Week of October 612, 2024 as “Fire Prevention Week”

4.2. A Proclamation Recognizing October 14, 2024 as “Indigenous Peoples’ Day”

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

6.1. An Ordinance of the City of Foster City to Amend Sections 8.11.010,

7. PUBLIC HEARINGS
(To Start at a Time Certain of 7:00 p.m.)

8. REPORTS

9. STUDY SESSION

9.1. Update on Reach Codes
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

9.2. Policy Direction on Rental Registry Program
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

10. COMMUNICATIONS

12. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, October 07, 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 the Week of October 612, 2024 as “Fire Prevention Week”

4.2. A Proclamation Recognizing October 14, 2024 as “Indigenous Peoples’ Day”

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

6.1. An Ordinance of the City of Foster City to Amend Sections 8.11.010,

7. PUBLIC HEARINGS
(To Start at a Time Certain of 7:00 p.m.)

8. REPORTS

9. STUDY SESSION

9.1. Update on Reach Codes
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

9.2. Policy Direction on Rental Registry Program
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

10. COMMUNICATIONS

12. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, October 07, 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 the Week of October 612, 2024 as “Fire Prevention Week”

4.2. A Proclamation Recognizing October 14, 2024 as “Indigenous Peoples’ Day”

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

6.1. An Ordinance of the City of Foster City to Amend Sections 8.11.010,

7. PUBLIC HEARINGS
(To Start at a Time Certain of 7:00 p.m.)

8. REPORTS

9. STUDY SESSION

9.1. Update on Reach Codes
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

9.2. Policy Direction on Rental Registry Program
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

10. COMMUNICATIONS

12. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, October 07, 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 the Week of October 612, 2024 as “Fire Prevention Week”

4.2. A Proclamation Recognizing October 14, 2024 as “Indigenous Peoples’ Day”

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

6.1. An Ordinance of the City of Foster City to Amend Sections 8.11.010,

7. PUBLIC HEARINGS
(To Start at a Time Certain of 7:00 p.m.)

8. REPORTS

9. STUDY SESSION

9.1. Update on Reach Codes
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

9.2. Policy Direction on Rental Registry Program
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

10. COMMUNICATIONS

12. ADJOURNMENT
The public is invited to attend.

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

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

6 4.1

4.1 Proclamation

7 4.2

4.2 Proclamation

8 2
6 2
0 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

6.1 Attachment 1 - Proposed Ordinance

9 2
6 2
0 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.

6.1 Attachment 1 - Proposed Ordinance

10 2
6 2
0 “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

6.1 Attachment 1 - Proposed Ordinance

11 2
6 2
0 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.

6.1 Attachment 1 - Proposed Ordinance

12 2
6 2
0 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.

6.1 Attachment 1 - Proposed Ordinance

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6 2
0 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 16th day of September, and passed and adopted on the 10th day of October, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.1 Attachment 1 - Proposed Ordinance

14 DATE: October 7, 2024

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

FROM: Andrew Brozyna, Public Works Director
Kurt Zander, Building and Vehicle Maintenance Manager
DEPARTMENT: Public Works
SUBJECT: CONTRACT AMENDMENT NO. 1 TO THE CONTRACT WITH
JULIO’S CLEANING AND MAINTENANCE SERVICES TO

REMOVE THE RECREATION CENTER AND ADD THE

TEMPORARY MODULAR RECREATION CENTER FACILITIES

TO THE SCOPE OF WORK DUE TO THE APPROVAL OF THE

RECREATION CENTER REBUILD PROJECT

RECOMMENDATION
It is recommended that City Council adopt the attached resolution approving Contract Amendment No. 1 to the vendor services agreement for janitorial services with Julio's Cleaning and Maintenance Services dated September 3, 2024, to remove the Recreation Center from the Scope of Work and add the temporary modular Recreation Center facilities to the Scope of Work due to the approval of the Recreation Center Rebuild Project and authorize the Mayor to execute Contract Amendment No.1.

EXECUTIVE SUMMARY
At its meeting on September 3, 2024, the City Council approved an agreement with Julio's Cleaning and Maintenance Services to provide Citywide Janitorial services starting October 1, 2024. At that same meeting, the City Council approved a construction contract for the Recreation Center Rebuild project which will result in the current Recreation Center being closed. Julio's Cleaning and Maintenance Services has provided pricing for the temporary modular Recreation Center facilities in the amount of $1,350 per month. Contract Amendment No. 1 (Attachment 2) removes the

6.2 6.2 Staff Report

15 cleaning of the current Recreation Center from the janitorial service contract scope of work and adds the temporary modular Recreation Center facilities for an annual cost savings of $57,312.

BACKGROUND
At its meeting on September 3, 2024, the City Council approved an agreement with Julio's Cleaning and Maintenance Services to provide Citywide Janitorial services for two years from October 1, 2024, through September 30, 2026, with three (3) optional one-year extensions through September 30, 2029. Award of the agreement within that timeframe was necessary in order to complete the execution of the successor contract prior to the end of the existing contract term on September 30, 2024.

ANALYSIS
The Recreation Center Rebuild Project requires the relocation of the Recreation programs to various City buildings as well as a complex of four temporary modular facilities that will be located at the current tennis courts. However, since the future of the new Recreation Center was uncertain during the issuance of the Request for Proposals for Janitorial Services, the proposals were based upon the cleaning requirements of the current Recreation Center/Senior Wing facilities. It was anticipated that staff would engage in discussions with the selected vendor regarding the temporary modular facilities once the Recreation Center project construction was approved, which also occurred on September 3, 2024.

Julio's Cleaning and Maintenance Services has provided pricing for the total 4,320 square foot temporary modular Recreation Center facilities in the amount of $1,350 per month. Contract Amendment No. 1 (Attachment 2) removes the cleaning of the current Recreation Center from the janitorial service contract scope of work once all programs have moved from the Center, and adds the cleaning of the temporary modular recreation facilities to the scope of work.

Julio's Cleaning and Maintenance Services will continue to clean occupied staff offices and the Bright Horizons childcare program rooms in the current Recreation Center at the proposed temporary modular facility rate of $1,350 per month, until the temporary modular facilities are fully installed and powered, which is anticipated in October 2024.

Once the temporary modular facilities are installed and powered, the staff offices and Bright Horizons program will move to the temporary modular facilities and the current recreation center will be completely decommissioned.

CEQA
This action is not a project under Section 15378 of the CEQA Guidelines, as the approval of contract terms for routine janitorial services has no potential for a direct or indirect physical change in the environment.

6.2 6.2 Staff Report

16 FISCAL IMPACT
Adoption of Contract Amendment No. 1 will result in a savings of $4,776 per month for a total of $57,312 annually due to the difference in cost to clean the smaller and less intensive uses in the temporary modular Recreation Center facilities compared to the current Recreation Center building. There is sufficient funding in Building Maintenance Fund 505 for the contract cost.

ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Contract Amendment No. 1

6.2 6.2 Staff Report

17 2
6 4
7 RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING CONTRACT AMENDMENT NO. 1 TO THE CONTRACT WITH JULIO’S CLEANING AND MAINTENANCE SERVICES DATED SEPTEMBER 3, 2024, TO

REMOVE THE CURRENT RECREATION CENTER AND ADD THE TEMPORARY

MODULAR RECREATION CENTER FACILITIES TO THE SCOPE OF WORK DUE TO

THE APPROVAL OF THE RECREATION CENTER REBUILD PROJECT AND AUTHORIZE MAYOR TO EXECUTE AMENDMENT NO. 1

CITY OF FOSTER CITY
WHEREAS, at its meeting on September 3, 2024, the City Council approved an agreement with Julio's Cleaning and Maintenance Services to provide Citywide Janitorial services starting October 1, 2024; and
WHEREAS, the City Council subsequently approved a Recreation Center construction contract which resulted in the closure of the current Recreation Center and installation of temporary facilities; and
WHEREAS, Julio's Cleaning and Maintenance Services has provided pricing to clean the temporary Recreation Center facilities; and
WHEREAS, Contract Amendment No. 1 amends the scope of work for the agreement to remove the cleaning of the permanent Recreation Center and add the cleaning of the temporary Recreation Center facilities for a monthly cost savings of $4,776; and
WHEREAS, this action is not a project under Section 15378 of the CEQA Guidelines, as the approval of a contract for routine janitorial services has no potential for a direct or indirect physical change in the environment.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Foster City does herby approve Contract Amendment No. 1 to the agreement dated September 3, 2024, with Julio’s Cleaning and Maintenance Services to remove the Recreation Center from the Scope of Work and add the temporary modular Recreation Center facilities to the Scope of Work due to the approval of the Recreation Center Rebuild Project.

BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute Amendment No. 1 in a form approved by the City Attorney.

6.2 Attachment 1 - Resolution

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7 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on October 7, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
______________________________________

PRISCILLA SCHAUS, CITY CLERK

6.2 Attachment 1 - Resolution

19 CITY OF FOSTER CITY
CONTRACT AMENDMENT NO. ONE (1)
Date: October 7, 2024 Account No. 505-0550-419-4251
Project: Janitorial Service Agreement
To: Julio’s Cleaning and Maintenance Service
Change Requested By: City of Foster City and Julio’s Cleaning and Maintenance Service
Based on mutual agreement, Julio’s Cleaning and Maintenance Service and the City of Foster City agree to amend the Vendor Agreement dated September 3, 2024, (“Agreement”) pursuant to Section 4 of the Agreement to amend the Scope of Work identified in Exhibit A to remove services for the permanent Recreation Center facility and add services relating to the Recreation Center temporary facilities and adjusting the compensation accordingly as described more fully below.

ORIGINAL CONTRACT AMOUNT not to exceed $348,184 annually Amended work at agreed prices:
a.Starting October 1, 2024, reduce the scope of cleaning of the current Recreation Center to include the occupied areas only, and reduce the monthly contract amount from $6,126 per month to $1,350 per month until current Recreation Center is vacated and written notice is given by the City to discontinue services in the current facility; and
b.Upon receipt of written notice to discontinue services at the current Recreation Center, the cleaning services for current Recreation Center shall cease and thereafter be removed from Agreement scope of work; and c.Upon receipt of written notice to discontinue services at the current Recreation Center cleaning services for Recreation Center temporary modular facilities at a cost of $1,350 per month shall commence and thereafter be added to the Agreement scope of work.

NET AMOUNT OF CHANGE ($57,312) annually
REVISED CONTRACT AMOUNT not to exceed $290,872 annually Except as specifically modified herein, all other terms and provisions in the Agreement shall remain unchanged.

Julio’s Cleaning and Maintenance Service has given careful consideration to the work proposed and hereby agrees, if this amendment is approved, to provide all equipment,

6.2 Attachment 2 - Contract Amendment No. 1

20 2
6 4
8 furnish all materials except as may otherwise be noted above, and to perform all services necessary for the work above specified, and to accept as full payment therefor the prices shown above.

IN WITNESS WHEREOF, the City of Foster City and have executed this First Amendment to the Agreement, which shall be effective as of October 7, 2024, regardless of when it is executed.

JULIO’S CLEANING AND MAINTENANCE SERVICE
___________________________________________

JULIO SANGALANG DATE
OWNER
APPROVAL RECOMMENDED: __________________________________________

ANDREW BROZYNA DATE

DIRECTOR OF PUBLIC WORKS
APPROVED FOR CITY: _ _

PATRICK SULLIVAN DATE
MAYOR
ATTEST:

BY: _______________________________

PRISCILLA SCHAUS

CITY CLERK
BY: _______________________________
BENJAMIN L. STOCK

CITY ATTORNEY

6.2 Attachment 2 - Contract Amendment No. 1

21 DATE: October 7, 2024

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

FROM: Sofia Mangalam, Community Development Director
Vanessa Brannon, Senior Management Analyst
DEPARTMENT: Community Development
SUBJECT: ISSUANCE OF A REQUEST FOR PROPOSALS FOR AN

AMENDMENT OF THE CITY OF FOSTER CITY'S GENERAL PLAN

PARKS AND OPEN SPACE AND CONSERVATION ELEMENTS

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing staff to issue a Request for Proposals (RFP) for an Amendment to the Foster City General Plan Parks and Open Space Element and the General Plan Conservation Element and find the request exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15061(b)(3).

EXECUTIVE SUMMARY
California law requires that General Plans be updated "periodically," however, except for the Housing Element, which needs to be updated every eight (8) years, there is no specific timeline requirement from the State to update a general plan regularly. The State Office of Planning and Research (OPR) recommends comprehensively updating a general plan every 10-15 years to reflect changes in community values, economic conditions, and emerging issues and challenges. The City's Safety Element was updated in August 2023, and the Housing Element 2023-31 was updated in March 2024.

In the 2021-2022 state legislative session, Senate Bill (SB) 1425 was passed and signed into law. This bill requires that the Open Space Element be updated by January 1, 2026, with expanded requirements, including considering climate resilience in coordination with

6.3 6.3 Staff Report

22 the Safety Element. The bill also explicitly focuses on "rewilding opportunities," or creating and preserving open space networks to support biological and recreational uses.

Assembly Bill (AB) 1889, signed into law on September 10, 2024, requires the Conservation Element to consider the effect of development within the jurisdiction on the movement of wildlife and habitat connectivity. The bill requires the Conservation Element, upon the next update of one or more elements on or after January 1, 2028, to, among other things, identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, identify and analyze existing or planned wildlife passage features, and consider the impacts of development and the barriers caused by development to wildlife, as defined, and habitat connectivity.

In order to comply with SB 1425 and AB 1889 requirements in a timely manner, staff recommends that the City Council authorize staff to issue a Request for Proposals (RFP) for an amendment to the Foster City's General Plan Parks and Open Space Element and the General Plan Conservation Element.

BACKGROUND
California law (Government Code Section 65300) requires every city and county in the state to prepare and adopt a comprehensive, long-range general plan for the physical development of the jurisdiction, following guidelines provided by the OPR.

As per OPR, "While a general plan will contain the community vision for future growth, California law also requires each plan to address the mandated elements listed in Government Code section 65302. The mandatory elements for all jurisdictions are land use, circulation, housing, conservation, open space, noise, and safety. Cities and counties in the San Joaquin Air Pollution Control District must also address air quality in their general plans. Cities and counties that have identified disadvantaged communities must also address environmental justice in their general plans, including air quality. The purpose of the following sections is to outline the content of each element as required by statute." (source: Office of Planning and Research)
Foster City General Plan and its Elements
Foster City's General Plan contains eight (8) elements that are published separately.

Open Space and Conservation are mandatory elements of the General Plan, while Recreation is optional.
•Land Use and Circulation Element (amended 2013)
•Housing Element (adopted 2024)
•Parks, Open Space and Conservation Element (adopted 2009) •Noise Element (adopted 1993)
•Safety Element (adopted 2023)
•Conservation Element (adopted 2003, adopted as a separate element 2009)

6.3 6.3 Staff Report

23 Foster City's Parks and Open Space Element
Foster City's Parks and Open Space Element was adopted in September 2009. This Element of the City's General Plan addresses the preservation of parks and open space.

Since parklands comprise much of the city's open space resources, the Parks section was combined with the Open Space section.

Parks typically feature landscaping improvements like grass and trees and recreational amenities such as playgrounds, basketball courts, and sports fields. In contrast, open spaces are often undeveloped, lacking structures or significant improvements. The key distinction between open spaces and conservation areas lies in their purpose: open spaces may be preserved for recreational or scenic reasons, while conservation areas are protected primarily due to specific natural resources rather than the land itself. While some open spaces may also serve as conservation areas, the focus differs. For example, an open space might be valued for its scenic waterfront views, whereas a conservation area may be designated to protect an endangered species found near that same waterfront.

The Parks and Open Space Element of the City of Foster City General Plan has three (3) primary concerns:
•Preserve and Improve the Quality of Life within Existing Neighborhoods. oMaintain and improve existing resources, parks, and open space for the day-to-day and long-term enjoyment of the City of Foster City residents. •Assure the Proper Development of Undeveloped Property. oMaintain adequate standards, integrate environment, parks, and open space considerations as the City approaches build-out, and evaluate the impacts and appropriateness of new development about the city's environmental conditions and needs.
•Assure that Redevelopment of Developed or Underutilized Property Occurs Appropriately.
oEstablish mitigation measures for any changes in inland use as reasonably necessary to ensure the protection of environmental resources, parks, and open space.

Foster City's Conservation Element
The Conservation Element was adopted in May 2003. This Element of the General Plan addresses preserving and conserving natural resources in Foster City. In September 2009, it was split from the former Parks, Open Space, and Conservation Element.

The General Plan Conservation Element concerns the preservation of natural resources such as water, air, and energy. Conservation is necessary to ensure their availability to future generations. The issues in the Conservation Element include human life-sustaining elements, wildlife habitat, and recycling of renewable resources. Human life-sustaining elements include air, water, and energy. Wildlife habitat refers to areas within the city that

6.3 6.3 Staff Report

24 provide feeding or resting areas for wildlife such as birds. Recycling of renewable resources includes aluminum cans, glass, paper, newspaper, tin, and some plastic.

ANALYSIS
SB 1425 requires every city and county to review and update its local open-space element by January 1, 2026, and include plans and an action program that addresses specified issues, including equity and access, rewilding opportunities, climate resilience, and other co-benefits of open space correlated with the safety element. Existing State law requires each city and county to create and maintain an Open Space Element that provides objectives, goals, policies, and implementation programs.

SB 1425 (Stern, Open-space element) states:
"SEC 1. (a) Every city and county shall review and update its local open- space plan by January 1, 2026. The update shall include plans and an action program, as required by Section 65564, that address all of the following:
(1) Access to open space for all residents in a manner that considers social, economic, and racial equity, correlated with the environmental justice element or environmental justice policies in the general plan, as applicable.
(2) Climate resilience and other co-benefits of open space, correlated with the safety element.
(3) Rewilding opportunities, correlated with the land use element. (b) For purposes of this section, "rewilding opportunities" may include, but are not limited to, the following:
(1) Opportunities to preserve, enhance, and expand an integrated network of open space to support beneficial uses, such as habitat, recreation, natural resources, historic and tribal resources, water management, and aesthetics.
(2) Establishing a natural communities conservation plan to provide for coordinated mitigation of the impacts of new development.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

Therefore, Section 1 of this act adding Section 65565.5 to the Government Code applies to all cities, including charter cities."

6.3 6.3 Staff Report

25 AB 1889 requires the conservation element of a local general plan to consider the impact of development on wildlife movement and habitat connectivity. The bill would also require a city or county, upon the next revision of one or more general plan elements on or after January 1, 2028, to update the conservation element to, among other things, identify and analyze wildlife passage features to ensure that planned development does not undermine the effectiveness of those features.

Even though the timelines for timeline mandates are different for both Elements, staff believes that combined efforts on these two (2) elements would be more efficient and would provide for a more holistic, sustainable, and livable environment that benefits both nature and people.

Staff also researched other cities in the County and found out that the following cities have their Open Space and Conservation Elements combined:

City of San Mateo - Conservation, Open Space, and Recreation Element City of East Palo Alto - Parks, Open Space and Conservation City of Los Altos – Open Space, Conservation, and Community Facilities Element City of San Carlos – Parks and Recreation
Difference Between Parks Master Plan and the Parks and Open Space Element Several cities have completed or are working on amendments to their Open Space Elements. In some cases, cities have integrated this effort with their Parks Master Plan.

However, Foster City has chosen to approach these projects separately. On May 6, 2024, the City Council approved a consultant for the Parks Master Plan, and work on that project is underway. City Staff will ensure these two projects are in alignment, as elements of the Parks Master Plan will feed into or inform the Parks and Open Space Element.

Both, the Parks Master Plan and the Parks and Open Space Element are lone-range planning documents that are used to guide the development and management of parks, open spaces, and recreational facilities.

The Parks Master Plan is a standalone document that outlines specific projects, upgrades, and programming for parks and facilities. It serves as a strategic guide for park improvements and funding over a set period. In contrast, the Parks and Open Space Element is part of the city’s General Plan, providing long-term goals, policies, and objectives for parks and open space and integrating these considerations into overall land use planning.

While the Parks Master Plan is project-focused, the Parks and Open Space Element is policy-focused.

6.3 6.3 Staff Report

26 Issuance of RFP
The City routinely engages consultants for specialized professional services to support its operations. These consultants provide staff with the technical and professional expertise to successfully complete projects. Consultants are selected through an open and competitive RFP process designed to identify firms with the necessary background and experience while ensuring that service costs remain competitive.

The City is seeking consultants with expertise in Planning, Landscape Architecture, Architecture, Parks, Community Engagement, and/or Engineering to assist in developing an amendment to the City's General Plan Parks & Open Space and Conservation Elements.

The RFP includes a Scope of Work, which highlights six (6) essential tasks:

Task 1: Project Initiation and Project Management
Task 2: Community Outreach and Engagement
Task 3: Existing Conditions Analysis
Task 4: Research and Analysis
Task 5: Preparation and Adoption of Amendment to the Parks & Open Space and Conservation Elements
Task 6: Environmental Review Preparation
The project is estimated to take 12 months to complete, with City Council consideration and adoption in November/December 2025.

If approved, the RFP will be issued on October 8, 2024, with a due date of November 8, 2024, which may need to be extended based on interest City staff will review and evaluate the proposed scope of work, experiences of firm, staffing, experiences of firm, and budget submitted by consultants and will ensure that the proposal meets and fulfills the City's standards and requirements. Attachment 2 is the proposed Draft RFP that will be issued if the City Council approves this item. Based upon the Scope of Work and Timeline as outlined, an agreement with the prospective consulting firm would be tentatively scheduled for City Council consideration and awarded at its December 2024 meeting.

CEQA
The issuance of an RFP is exempt per CEQA Guideline Section 15061(b)(3), Common Sense Exemption.

FISCAL IMPACT
The fiscal impact will not be known until the proposals are opened and the contract terms are negotiated. However, Fund 128 the "General Plan Maintenance Fund," can be used to update and maintain the City's General Plan. The current balance in Fund 128 is approximately $1.7M.

6.3 6.3 Staff Report

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

Attachment 1 - Resolution
Attachment 2 - Request for Proposals

6.3 6.3 Staff Report

28 2
6 6
4 RESOLUTION NO.____________

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

APPROVING AND AUTHORIZING STAFF TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR CONSULTING SERVICES FOR AN AMENDMENT OF THE CITY OF

FOSTER CITY'S GENERAL PLAN PARKS AND OPEN SPACE ELEMENT AND

CONSERVATION ELEMENT AND TO FIND THE REQUEST EXEMPT FROM THE

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

CITY OF FOSTER CITY
WHEREAS, in the 2021-2022 California state legislative session, SB 1425 (Open Space Element) was passed and signed into law; and
WHEREAS, SB 1425 requires an amendment to the City’s Parks and Open Space Element by January 1, 2026; and
WHEREAS, in 2009 City Council adopted the Parks and Open Space Element, which is part of the City’s General Plan and addresses the preservation of parks and open space; and
WHEREAS, Foster City’s Parks and Open Space element must address access to open space for all residents, climate resilience, and other co-benefits of open space, correlated with the safety element, and rewilding opportunities, correlated with the land use element; and
WHEREAS, on September 10, 2024, Assembly Bill (AB) 1889 (Conservation Element: wildlife and habitat connectivity) was passed and signed into law; and WHEREAS, AB 1889 requires an amendment to the City’s Conservation Element to, among other things, consider the impact of development on wildlife movement and habitat connectivity by January 1, 2028; and
WHEREAS, staff recommends that the City Council authorize staff to issue an RFP soliciting proposals from qualified firms for consulting services for an Amendment of the Foster City's General Plan Parks and Open Space Element and Conversation Element; and
WHEREAS, if approved, the RFP will be issued on October 8, 2024, with a due date of November 8, 2024, which may need to be extended based on interest; and WHEREAS, staff will review and evaluate the proposed scope of work, experiences of the consulting firm, staffing, and budget submitted by consultants and will

6.3 Attachment 1 - Resolution

29 2
6 6
4 ensure that the proposal meets and fulfills the City’s standards and requirements and return to the City Council at a future meeting.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the proposed Request for Proposals in form and content and authorizes it to be sent to environmental consulting firms.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 7th day of October, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 1 - Resolution

30 City of Foster City Request for Proposals
Amendment to the Foster City's
General Plan Parks and Open Space Element
and the General Plan Conservation Element

RFP Schedule:

Release Date: Tuesday, October 8, 2024
Proposals Due: Thursday, November 8, 2024 by 5:00 PM
Deadline for Email of Intent to Respond: Tuesday, October 15, 2024 Deadline for Questions/Comments: Tuesday, November 1, 2024 @ 5:00 PM

Please send questions, comments, and proposals via email to:
[email protected] (Vanessa Brannon, Senior Management Analyst)

OFFICIAL CONTACT:

Vanessa Brannon - Senior Management Analyst
City of Foster City
Community Development
610 E. Hillsdale Blvd.

Foster City, CA 94404
650-286-3354
[email protected]

6.3 Attachment 2 - Request for Proposals

31 Foster City Amendment to the Parks & Open Space and Conservation Elements RFP – DUE 11/08/24 2

City of Foster City Request for Proposals (RFP)
Amendment to the Foster City's General Plan Parks and Open Space Element and the General Plan Conservation Element

1. SUMMARY
This Request for Proposals (RFP) invites a team of professionals specializing in Planning, Landscape Architecture, Architecture, Parks, Community Engagement, and/or Engineering to develop an amendment to the City's General Plan Parks & Open Space, and Conservation Elements to meet the requirements of SB 1425 and AB 1889, respectively.

The selected consultant(s) will be tasked with leading the planning process, drafting the General Plan Amendments, conducting the required environmental review in accordance with CEQA, and coordinating the public outreach and adoption processes with the City.

In the 2021-2022 state legislative session, SB 1425 was passed and signed into law. This bill requires every city and county to review and update its local Open-Space plan by January 1, 2026. The plan update would include plans and an action program addressing specified issues, including climate resilience and other benefits of open space, correlated with the General Plan—Safety Element. The bill would create a state-mandated local program by imposing additional duties on local officials. The bill also explicitly focuses on "rewilding opportunities," or creating and preserving open space networks to support biological and recreational uses.

AB 1889 requires the conservation element of a local general plan to consider the impact of development on wildlife movement and habitat connectivity. The bill would also require a city or county, upon the next revision of one or more general plan elements on or after January 1, 2028, to update the conservation element to, among other things, identify and analyze wildlife passage features to ensure that planned development does not undermine the effectiveness of those features.

The entire process, from data collection to the development of the General Plan Amendment to the Parks & Open Space and Conservation Elements, will be guided by identifying community values and creating goals for the City's parks and open spaces, which will be informed through extensive community engagement. This engagement will help address current and future parks, conservation, and open space needs. The selected consultant(s) will be responsible for facilitating the planning process, drafting the Amendment to the Open Space & Recreation Element and the Conservation Element, through to the adoption process in partnership with the City. The amednments will also align with the City's mission to provide safe, clean, and accessible parks, facilities, and open spaces for everyone to enjoy.

6.3 Attachment 2 - Request for Proposals

32 Foster City Amendment to the Parks & Open Space and Conservation Elements RFP – DUE 11/08/24 3

Proposals should reflect the following project goals:

1. Engage and Empower the Community: Conduct inclusive and transparent outreach that actively engages, educates, and empowers stakeholders and community members to provide meaningful input. This will ensure that the findings and recommendations for the General Plan Amendments accurately reflect the community's diverse needs.

2. Develop an Inclusive Open Space Standard: Create an open space standard that prioritizes accessibility for all residents and considers parks' qualitative and quantitative value.

3. Enhance Park Equity: Identify opportunities and strategies to acquire, develop, and optimize existing open space to promote greater park equity. For instance, the City could expand its partnership with the San Mateo-Foster City School District through a Master Agreement, allowing joint use of school district facilities during non-school hours.

4. Create a Sustainable and Resilient Open Space Network: Establish an open space network that is environmentally sustainable, accessible, attractive, and resilient. This network should promote health equity, protect natural resources, increase native habitat and biodiversity, improve air quality and stormwater management, mitigate the urban heat island effect, and provide wildlife corridors.

Additionally, it should incorporate holistic mitigation programs that offer environmental and social co-benefits and support climate change adaptation.

5. Align Open Space and Conservation Policies with Broader City Goals: Develop strategic and consistent policies for open space maintenance, programming, and natural resource stewardship that align with other General Plan Elements, the City's Climate Action Plan Update (currently in draft), the City's Bicycle & Pedestrian Improvements Project, the City's Capital Improvement Plans, and the upcoming Parks Master Plan.

6. Balance New and Existing Open Space Needs: Recognize and address the need for new parks and open spaces while also considering resource limitations related to acquisition, development, maintenance, ongoing operations, and programming.

Additionally, prioritize resource needs for upgrades to existing parks, aligning with the Parks Master Plan Project currently underway.

7. Promote Community Engagement and Safety: Encourage public use of the City's open spaces by promoting creative, cultural, civic, and educational activities.

Ensure that all residents and community members feel safe and welcome, fostering connections within the community.

8. Leverage Technology and Financial Innovation: Identify and utilize technology and innovative financial strategies to support open space services, infrastructure, and facilities.

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9. Establish Effective Governance and Implementation: Provide clear guidance on governance and implementation structures to ensure that key departments— Community Development, Parks and Recreation, Public Works, and Police—can collaborate effectively and efficiently to deliver services and maintain safety in open spaces.

A single qualified firm or a team of qualified firms may submit a proposal. The selected firm shall have experience and knowledge in planning, project management, and effective public involvement processes. The consultant will work closely with City staff to prepare the General Plan Amendments and create a document for public distribution.

The successful proposer(s) will enter into a professional services agreement with the City with a project completion date of no later than November 2025. The goal is to receive City Council's approval and adoption of the proposed General Plan Amendments by November 2025, which includes completion of community outreach to ensure the community is aware of the Project and has the opportunity to provide feedback and inform Project goals and recommendations, and completion of the applicable environmental review.

2. ATTACHMENTS
Attachment 1: A sample Agreement for Professional Services and Insurance Requirements
• The sample Agreement for Professional Services is attached to this Request for Proposals (RFP) for the Proposer's review and submission. To facilitate smooth and timely implementation of the consultant's services, a proposer responding to this RFP must carefully review all the terms and conditions of the agreement, including, but not limited to, provisions relating to insurance, indemnity, and termination.

Attachment 2: Senate Bill No. 1425 – Open-Space Elements Attachment 3: Assembly Bill No. 1889 – Conservation element: wildlife and habitat connectivity

3. BACKGROUND
Incorporated in 1971, the City of Foster City is a planned community in San Mateo County, California. Foster City is a General Law City with a Council-Manager form of government. It is approximately four square miles, located about 25 miles south of San Francisco and 30 miles north of Silicon Valley, with easy access from Highway 101 and Highway 92.

Foster City is a culturally diverse community of roughly 33,000 residents. It has limited

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space for growth in both residential and commercial areas. The developed portion of Foster City is protected from flooding by an approximately 43,000-linear-foot (8-mile) levee system that surrounds Foster City along the bayfront and an interior lagoon that serves as a drainage detention basin.

The City's Parks System consists of 24 parks, eight miles of levee pedway (Bay Trail), 14 easements containing ice plants, sound walls, walkways, and bridges (the Parks System).

There are 16 playgrounds and nine synthetic turf sports fields. The City has continuously improved the existing park infrastructure, ensuring that components meet legal and City standards regularly.

The Conservation Element was adopted in May 2003. This Element of the General Plan addresses preserving and conserving natural resources in Foster City. In September 2009, it was split from the former Parks, Open Space, and Conservation Element.

Foster City's Parks and Open Space Element was adopted in September 2009. This Element of the City's General Plan addresses the preservation of parks and open space.

Since park lands comprise much of the city's open space resources, the Parks section was combined with the Open Space section.

4. GENERAL PROVISIONS AND CONDITIONS
The City reserves the right to:

1. Reject any and all responses.

2. Negotiate with more than one consultant.

3. Waive minor irregularities in a response.

4. Cancel, revise, or extend this solicitation.

5. Request additional information on any response beyond that required by this RFP.

6. Modify the selection process outlined in this RFP upon written notification to all respondents who have not been rejected at the time of modification.

7. Request substitution of sub-consultants.

Should discrepancies or omissions be found in this RFP or should there be a need to clarify it, questions or comments regarding this RFP must be received by the City no later than Tuesday, November 1, 2024, at 5 PM and should be sent to Vanessa Brannon (Senior Management Analyst) @ [email protected].

5. PROPOSED TENTATIVE TIMELINE
The tentative RFP timeline is provided for the convenience of the Proposers but may be

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subject to change at any time by the City. Any such changes will be stated in an addendum to this RFP. The tentative RFP timeline is as follows:

RFP ACTION DATE
RFP Issued Tuesday, October 8, 2024
Pre-Proposal Meeting None
Deadline for questions and clarifications Tuesday, November 1, 2024 @ 5:00 PM Proposals Due Thursday, November 8, 2024 @ 5:00 PM
Finalist Identified November 2024
Consultant Interviews TBD
Consultant selection & contract preparation TBD
Contract awarded Fall 2024
Work commences Fall/Winter 2024

6. RELATED DOCUMENTS/LINKS
Foster City's Parks and Open Space Element
Foster City's Parks and Open Space Element was adopted in September 2009. This Element of the City's General Plan addresses the preservation of parks and open space.

Since park lands comprise much of the city's open space resources, the Parks section was combined with the Open Space section.

Foster City’s Conservation Element
The Conservation Element was adopted in May 2003. This Element of the General Plan addresses preserving and conserving natural resources in Foster City. In September 2009, it was split from the former Parks, Open Space, and Conservation Element.

Parks Master Plan—Public Participation Plan
On August 19, 2024, Foster City’s City Council reviewed and accepted a Parks Master Plan Public Participation Plan. The Parks Master Plan Project is already underway. The Public Participation Plan will be the guiding document for outreach and engagement. The Public Participation Plan includes various opportunities for public participation, including offering two Community Open Houses and Workshops for residents and facility users to attend, hosting various intercept events and pop-up kiosks, conducting both a statistically valid

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survey as well as other online surveys to reach the community where they are at. In addition, a website will be created and maintained throughout the project, allowing the community to stay informed of the project's development and progress through various social media platforms.

Consultants should understand the opportunities to combine efforts with the Parks Master Project Team.

7. PROPOSAL REQUIREMENTS
Consultants interested in submitting a proposal should respond to this RFP with a written proposal providing all the requested information. The proposal will be considered complete only if it includes all the items listed under the Proposal Requirements:

1. Title Page: Include the RFP subject, firm name, primary contact person, title, address, telephone number, email address, and submittal date.

2. Cover Letter of Interest: A statement of the consultant’s interests and qualifications and pertinent areas of expertise, as well as a description of the organization(s) (e.g., Corporation, Limited Liability Company, or Joint Venture).

Include a summary of the proposer’s understanding of the project and the proposed approach.

3. Conflicts of interest: Teams/firms submitting proposals in response to this RFP must disclose any actual, apparent, direct or indirect, or potential conflicts of interest that may exist concerning the firm, its management, employees, or other persons relative to the services to be awarded pursuant to this RFP. If a team/firm has no conflicts of interest, a statement to that effect shall be included in the cover letter.

4. Scope of Work: Provide a detailed proposed scope and projected timeline for conducting and completing the tasks outlined in the Scope of Work. Please address the project approach, reflecting knowledge about the Foster City community. This section should include the respondent's specific tasks for performing the work.

5. Schedule: Present a schedule reflecting timeframes and milestones for completing each phase and task.

6. Outreach Strategy: Outreach and engagement are critical to understanding community needs and vision for Foster City’s General Plan Parks & Open Space Element and Conservation Element Amendments.

7. Qualifications and References: Provide an overview of the proposer’s experience and history in performing this type of work in California. Provide at least three references from local government clients for whom the consultant has rendered

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similar services recently. Describe the organization's overall capabilities, structure, and the number and type of licensed professionals. Proposers should demonstrate they possess the technical expertise to provide professional services and clearly understand the process of amending the General Plan Parks, Open Space, and/or Conservation Elements.

8. Cost Proposal: Provide a complete description of the expected expenditure of funds for the proposed work. The cost detail should include a breakdown of expenses by task and key personnel. The cost proposal should also include options for reducing or adding services. All costs should reflect “not to exceed” amounts per task.

9. Acknowledgment of Contract: Acknowledge that a contract and insurance will be provided in substantially the same form as attached and that the City’s Finance Division will maintain a business license annually during the contract term.

8. CONSULTANT SELECTION CRITERIA AND PROCEDURE
Responding consultant firms and/or teams will be evaluated based on the following criteria:

1. Demonstrated understanding of the requested work and responsiveness to the scope of services;

2. Quality and completeness of proposal;

3. Related and recent experience of similar scope and complexity in San Mateo County, the Bay Area, and California;

4. Outreach and community engagement expertise and techniques;

5. Expertise and experience of the proposed project team members and the in-house expertise, or inclusion of sub-consultants, to fully address all items noted in the scope of work;

6. Ability to perform the work within a reasonable time frame and budget;

7. Creativity in approach to the scope of work and requested deliverables;

8. Acceptance of the City’s Standard Agreement for Professional Services and insurance requirements, including any proposed changes to the agreement or insurance coverages (See Attachment); and

9. References.

The top proposals may be invited to an interview. The interview will help clarify each proposal's approach and qualifications for the project. Based on the interviews and evaluation of the proposals, the top-ranked consultant will be recommended to the City Council.

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9. GENERAL PROVISIONS AND CONDITIONS
The City reserves the right to:

1. Reject any and all responses.

2. Negotiate with more than one consultant.

3. Waive minor irregularities in a response.

4. Cancel, revise, or extend this solicitation.

5. Request additional information on any response beyond that required by this RFP.

6. Modify the selection process set forth in this RFP upon written notification to all respondents who have not been rejected at the time of modification.

7. Request substitution of sub-consultants.

By submitting a proposal, each Proposer represents and warrants that its proposal is genuine and not a sham or collusive or made in the interest of or on behalf of any person not named therein; that the Proposer has not directly induced or solicited any other person to submit a sham proposal or any other person to refrain from submitting a proposal; and that the Proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal.

10. SCOPE OF WORK
The City requests proposals from qualified consultants to provide technical professional services for policy development and master planning related to open space. These services will be integrated into an amendment to the City’s Parks & Open Space and Conservation Elements, which will guide both near-term and long-term planning efforts.

The project work plan will encompass research, data gathering and analysis, community engagement, needs assessment, development of metrics, goals, recommendations, action plans, and the completion of the required environmental review.

Proposers should demonstrate significant experience in parks, open space, conservation, and recreation planning, including acquisitions, improvements, usage, maintenance, operation, and financing. Experience in preparing general plan amendments for Parks and Open Space Elements and a strong background in developing inclusive practices and policies, addressing park access issues, and managing projects efficiently is essential.

The primary goal of the project is to provide the City with a comprehensive roadmap to expand access to open spaces, identify climate resilience and other co-benefits of open space, explore "rewilding" opportunities, and establish an integrated network of open spaces that support beneficial uses. Additionally, the project aims to develop a natural communities conservation plan to facilitate coordinated mitigation of the impacts of new development.

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The City’s objective in this consultant selection process is to obtain an effective, efficient, and creative approach to providing the deliverables that meet the City’s goals and timeline for this Project. The anticipated Scope of Work required to complete the Amendment will require, but is not limited to, the following tasks and deliverables:

Task 1: Project Initiation and Project Management
• Kick-off meeting
• Project timeline and goal and content framing regarding the requirements of SB 1425 and AB 1889

Task 2: Community Outreach and Engagement
• Development of a community outreach plan to gain input from residents, community stakeholders, and the general Foster City Community • Conduct a community assessment to understand the Community’s interests, needs, and concerns
• Public Information strategies that align with the City’s existing communication efforts
• Identify and maintain a list of potential community, local, and regional partners interested in helping bring the goals of the Parks and Open Space Element and Conservation Element to fruition

Task 3: Existing Conditions Analysis
• Thorough review and analysis of existing documents and regulations • Develop a Community Profile to provide context for the General Plan Amendment • Understanding of the City’s existing urban tree inventory • Parks, Open Space, and Conservation Assessment—inventory and analyze the City’s entire parks and open space system, including natural resources, outdoor recreation, and public health and safety, collaborating with the existing Parks Master Plan consultants

Task 4: Research and Analysis
• Make policy recommendations in line with the requirements of SB 1425 and AB 1889
• Develop Parks, Open Space, and Conservation goals, policy, and priority recommendations
• Create financial cost estimates, alternative funding strategies, • Develop a Project Implementation Plan
• Develop Open Space maps that improve existing Parks and Open Space Element maps
• Prepare a habitat conservation plan for the City’s open spaces

Task 5: Preparation and Adoption of Amendments to the Parks and Open Space Element and Conservation Element

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• Develop Administrative Drafts of the General Plan Amendments • Provide a policy-tracking matrix
• Assist City Staff with preparing staff reports
• After the environmental review process, develop the Final GPAs for City Council adoption

Task 6: Environmental Review Preparation
• Complete CEQA documentation for General Plan Amendments

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Attachment E – Sample Agreement for Professional Services Insurance Requirements

PROFESSIONAL SERVICES AGREEMENT
FOR

CONSULTANT SERVICES

This Agreement is made and entered into as of the _____ day of ____________, 20___ by and between the City of Foster City hereinafter called "CITY" and ____________________ hereinafter called "CONSULTANT".

RECITALS

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

WHEREAS, CITY desires to engage CONSULTANT to provide professional services in the CITY;

WHEREAS, CONSULTANT is qualified to provide such services to the CITY and;

NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:

TERMS AND CONDITIONS

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

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

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

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to

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CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

3. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum _____________________ ($________________) .Invoices for amounts in excess of _____________________ ($________________) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts les s than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

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

CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

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

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

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

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

CONSULTANT represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Schedule established in Exhibit A and within the times specified for each individual Project.

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

The granting of any progress payment by CITY, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of CITY or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 7 or lessen the liability of CONSULTANT for unsatisfactory Services, including but not limited to cases where the defective or below standard Services may not have been apparent or detected at the time of such payment, inspection, review or approval.

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

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

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

CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.

11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liab ility, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.

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

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provided, however, that nothing herein contained shall be construed to require CONSULTANT to indemnify City of Foster City, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

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

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

If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.

12. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement. CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY for such expense).

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

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

14. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed and the employees are treated during employment without

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regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or oth er forms of compensation, and selection for training, including apprenticeship. The CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101 -336) which prohibits discrimination on the basis of disability by public entities. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause.

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: ____________________

CONSULTANT: ____________________________
(Fill in CONSULTANT Name, Address, Phone Number,
Project Manager and Email Address for

CONSULTANT)

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

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

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

19. Governing Law . This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

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

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

22. Liability of CITY.

Except as provided in Exhibit A, Services to be Provided by CONSULTANT and Exhibit C, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,

Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY. The acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONSULTANT, its employees, CITY employees or third parties, or to property belonging to any of the above.

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

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

24. Force Majeure. Except for defaults of subconsultants at any tier, CONSULTANT shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of CONSULTANT,

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48 Foster City Amendment to the Parks & Open Space and Conservation Elements RFP – DUE 11/08/24 19

including without limitation failure to reasonably mitigate any adverse impacts (Force Majeure). Force Majeure events include the following:

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

[For consideration if applicable :] Any Force Majeure event with a duration in excess of [TBD by Owner—recommend not less than 30] days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

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

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

CITY OF FOSTER CITY

Dated: _________________________________ ______________________, City Manager
(for contracts less than $50,000)
[REMOVE signature line if $50,000 or more]

Dated: _________________________________ ______________________, Mayor
(for contracts $50,000 or more)
[REMOVE signature line if less than $50,000]

ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM

Dated:

Benjamin Stock, City Attorney

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49 Foster City Amendment to the Parks & Open Space and Conservation Elements RFP – DUE 11/08/24 20

CONSULTANT

Dated:

Type Name & Title of CONSULTANT Authorized to
Sign

EXHIBIT A

SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS AND SCHEDULE, AND DELIVERABLES FOR [ENTER PROJECT TITLE]

[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW]

SERVICES TO BE PROVIDED

This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Consultant Name, hereinafter referred to as "CONSULTANT" and the City of Foster City, hereinafter referred to as "CITY" providing for professional services.

1. Description of the Project:

1.1 DESCRIPTION: Description of Project

2. Basic Services:

The CITY has developed a general scope of work as described below.

2.1 Task 1 – Description of Task 1

2.2 Task 2 – Description of Task 2

2.3 Task 3 – Description of Task 3

PAYMENTS

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

Maximum Payment Amount

2. METHODS OF PAYMENT FOR CONSULTANT’S SERVICES AND EXPENSES:

List Methods of Payment

3. TIMES OF PAYMENTS.

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50 Foster City Amendment to the Parks & Open Space and Conservation Elements RFP – DUE 11/08/24 21

List Times of Payments

PROJECTS AND SCHEDULE

List Project Schedule

DELIVERABLES

CONSULTANT’s deliverables under the Agreement are enunciated throughout the Professional Services Agreement and include but are not limited to the following:

1. PROJECT DELIVERABLES

1.1 DELIVERABLES: List of Deliverables

1.2 OTHER:

2. CONSULTANT SERVICES. The deliverables considered part of CONSULTANT’s professional services are defined as, but are not limited to, the following deliverables:

2.1 SERVICES: List of Services

END OF EXHIBIT A

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51 Foster City Amendment to the Parks & Open Space and Conservation Elements RFP – DUE 11/08/24 22

EXHIBIT B

FEE SCHEDULE

[Specify Consultant’s hourly rates for which services hereunder shall be performed]

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52 Foster City Amendment to the Parks & Open Space and Conservation Elements RFP – DUE 11/08/24 23

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53 Foster City Amendment to the Parks & Open Space and Conservation Elements RFP – DUE 11/08/24 24

EXHIBIT C

INSURANCE FORMS

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

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

1. Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Consultant's acts, errors, or omissions in connection with the per formance of Consultant's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Consultant shall not perform any work under this Agreement until Consultant has obtain ed all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS).

Receipt of evidence of insura nce that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. Consultant shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Consultant or City as an additional insured.

1.1 Insurance Requirements

Commercial General Liability Insurance

Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products- Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence and five million dollars ($5,000,000) aggregate.

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

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54 Foster City Amendment to the Parks & Open Space and Conservation Elements RFP – DUE 11/08/24 25

[FOR THE FOLLOWING INSURANCE REQUIREMENTS, PLEASE CONSIDER IF EACH IS APPROPRIATE FOR THE SERVICE TO BE PROVIDED AND FOR THE CONSULTANT. UNCHECK THE CHECKBOX FOR ANY INSURANCE REQUIREMENT THAT IS NOT APPLICABLE. PLEASE CONTACT THE CITY MANAGER’S OFFICE WITH ANY QUESTIONS.]
☒ Business Automobile Liability Insurance

Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non -owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.

☒ Workers' Compensation Insurance

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

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

☒ Professional Liability Insurance

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

☒ Installation Floater

Installation Floater, covering the work performed under this Contract, against all risks of direct physical loss. The policy shall cover the Contractor’s labor, materials and equipment, including materials and equipment in transit or away from the project site, to be installed in the existing structure(s). The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders, subject to a deductible of not more than [$10,000] payable by Contractor.

☒ Cyber Liability Insurance

Cyber Liability Insurance, covering network risk and cyber liability (including coverage for unauthorized access, failure of security, breach of privacy perils, as well at notification costs and regulatory defense) in an amount of not less than $1,000,000. Such insurance shall be maintained in force at all times during the term of the Contract and for a period of two years thereafter for services completed during the term of the Contract.

1.2 Self-Insured Retention

Any self-insured retentions in excess of $100,000 must be declared on the Certificate of insurance or

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55 Foster City Amendment to the Parks & Open Space and Conservation Elements RFP – DUE 11/08/24 26 other documentation provided to City and must be approved by the City Risk Manager.

1.3 C laims -Made Basis Coverage

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

2. City as Additional Insured

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

3. Insurance terms and conditions:

3.1 C ancellation of Insurance

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

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

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

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

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56 Foster City Amendment to the Parks & Open Space and Conservation Elements RFP – DUE 11/08/24 27

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

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

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

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

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

ATTACHED

1. Insurance Coverage Form

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57 Foster City Amendment to the Parks & Open Space and Conservation Elements RFP – DUE 11/08/24 28

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

Na
med Insured: ____________________________________ Effective Work Date(s): _____________ D
escription of Work/Locations/Vehicles: ___________________________________________________ ADDITIONAL INSURED: City of Foster City (CITY)
610 F oster 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: [Cyber Liability, Installation Floater, etc.]
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,

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58 Foster City Amendment to the Parks & Open Space and Conservation Elements RFP – DUE 11/08/24 29 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: _____________________________

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59 Foster City Amendment to the Parks & Open Space and Conservation Elements RFP – DUE 11/08/24 30

EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)

This COVID-19 Amendment/Attachment amends the Agreement between ____________________ (“City”) and ____________________________ (“Consultant”) dated ___________________________.

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

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

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

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

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

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

3. Compliance with COVID-19 Proclamations.

A. Consultant shall comply with COVID-19 Proclamations in the performance of the

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60 Foster City Amendment to the Parks & Open Space and Conservation Elements RFP – DUE 11/08/24 31 Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of the Services. The cost of such compliance is non-compensable, except as otherwise expressly stated herein.

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

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

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

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

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

8. Monitoring and Reporting. City may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath.

Consultant shall immediately report to City any outbreaks of COVID-19 among its workers. The Consultant shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.

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

[Signatures on Next Page]

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61 Foster City Amendment to the Parks & Open Space and Conservation Elements RFP – DUE 11/08/24 32

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

CONSULTANT: CITY:

________________________ ____________________________
Signature Signature

________________________ ______________________________ Print Name & Title Print Name & Title

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62 Foster City Amendment to the Parks & Open Space and Conservation Elements RFP – DUE 11/08/24 33 Senate Bill No. 1425
CHAPTER 997
An act t
o add Section 65565.5 to the Government Code, relating to local government. [Approved by Governor September 30, 2022. Filed with Secretary of State September 30, 2022.] legislative counsel’s digest
SB
1425, Stern. Open-space element: updates.

Existing law requires cities and counties to prepare, adopt, and amend general plans and elements of those plans, as specified. Existing law requires the general plan to include a housing element and an open-space element, which is also called an open-space plan. Existing law sets forth various deadlines for updates to the housing element.

This bill would require every city and county to review and update its local open-space plan by January 1, 2026. The bill would require the local open-space plan update to include plans and an action program that address specified issues, including climate resilience and other cobenefits of open space, correlated with the safety element. By imposing additional duties on local officials, the bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The
people of the State of California do enact as follows:

SECT
ION 1. Section 65565.5 is added to the Government Code, to read:
65565.5. (a) Every city and county shall review and update its local open-space plan by January 1, 2026. The update shall include plans and an action program, as required by Section 65564, that address all of the following:
1) Access to open space for all residents in a manner that considers s ocial, economic, and racial equity, correlated with the environmental justice element or environmental justice policies in the general plan, as applicable.
2) Climate resilience and other cobenefits of open space, correlated with the safety element. 3) Rewilding opportunities, correlated with the land use element. b) For purposes of this section, “rewilding opportunities” may include, but are not limited to, the following:
1) Opportunities to preserve, enhance, and expand an integrated network of open space to support beneficial uses, such as habitat, recreation, natural resources, historic and tribal resources, water management, and aesthetics.
2) Establishing a natural communities conservation plan to provide for coordinated mitigation of the impacts of new development.

SEC. 3. The Legislature finds and declares that the preservation of open space is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 65565.5 to the Government Code applies to all cities, including charter cities.

6.3 Attachment 2 - Request for Proposals

63 An act to amend Section 65302 of the Government Code, relating to land use.
legislative counsel’s digest
AB 1889, Friedman. Conservation element: wildlife and habitat connectivity.

Existing law, the Planning and Zoning Law, requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including land use, housing, and conservation elements, as specified. Existing law requires the conservation element to consider the effect of development within the jurisdiction on natural resources located on public lands.

This bill would additionally require the conservation element to consider the effect of development within the jurisdiction on the movement of wildlife and habitat connectivity. The bill would require the conservation element, upon the next update of one or more elements on or after January 1, 2028, to, among other things, identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, identify and analyze existing or planned wildlife passage features, and consider the impacts of development and the barriers caused by development to wildlife, as defined, and habitat connectivity. The bill would authorize a city, county, or city and county to incorporate by reference into its general plan an existing plan, including a certified local coastal plan, that meets these requirements. The bill would authorize a city, county, or city and county preparing to update its conservation element to consider incorporating appropriate standards, policies, and feasible implementation programs, consult with specified entities, and consider relevant best available science and the most appropriately scaled scientific information on linkages, corridors, and other locations that are essential to maintain landscape connectivity. The bill would authorize a city, county, or city and county to consult with other appropriate entities and meet the above-described requirements in a separate component or section of the general plan entitled a wildlife connectivity 93 AB 1889
Foster City Amendment to the Parks & Open Space and Conservation Elements RFP – DUE 11/08/24 34

6.3 Attachment 2 - Request for Proposals

64 element. The bill would include related legislative findings and declarations. By adding to the duties of county and city officials in the administration of their land use planning duties, this bill would impose a state-mandated local program.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. (a) The Legislature finds and declares all of the following:
(1)
Development and human activities adversely impact wildlife by reducing or eliminating their core habitat, severing connections between habitats, and interfering with their behavioral patterns and ability to access food, water, shelter, and genetically diverse mates.
(2)
Climate change is a significant threat to California’s
biodiversity. As climate change alters the habitat, ranges, and movement patterns of numerous animals and plants, wildlife must have the ability to shift their ranges to effectively adapt to changed climatic conditions and resource availability. Moreover, wildlife must be able to move to effectively respond to extreme weather events, includes wildfire, drought, and floods.
(3)
Executive Order No. N-82-20, codified by the Legislature in Section 71450 of the Public Resources Code, declared that it is the goal of the state to conserve at least 30 percent of California’s land and coastal waters by 2030 to combat the climate and biodiversity crisis. Wildlife connectivity contributes to the preservation and restoration of biodiversity by ensuring that wildlife has the opportunity to move through the landscape to forage, find mates and reproduce, seek shelter from stochastic events including flooding or wildfires, and adapt to the impacts of climate change.
(4)
The public trust doctrine, codified in Section 1600 of the Fish and Game Code among other sections, holds that wildlife is held in trust for the people and that the protection and conservation 93 AB 1889
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65 of fish and wildlife is of utmost public interest. The California Constitution grants cities and counties the power to control and organize development within their boundaries as a means of serving the general welfare. Because cities and counties have the power to control development decisions within their boundaries, they have a responsibility under the public trust doctrine to do so in a manner that protects fish and wildlife and habitat connectivity. (5)
It is therefore the policy of the state to protect, restore, and improve the functioning of fish, wildlife, and habitat connectivity through local government land use planning and zoning.
(b)
It is the intent of the Legislature that, in carrying out the policy of the state, local jurisdictions, including cities and counties, shall consider and implement measures to avoid, minimize, or mitigate impacts to fish, wildlife, and habitat connectivity from existing and planned land uses within their jurisdictions. It is further the intent of the Legislature that local jurisdictions, including cities and counties, implement measures to remediate barriers to wildlife connectivity within their jurisdictions to the extent feasible.
(c)
This act shall be known, and may be cited, as the Room to Roam Act.

SEC. 2. Section 65302 of the Government Code is amended to read:
65302. The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:
(a)
A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land.

The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d).

The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land 93 AB 1889
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66 use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:
(1)
Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5).
(2)
Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.
(A)
In determining the impact of new growth on military
readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources. (B)
The following definitions govern this paragraph:
(i) “Military readiness activities” mean all of the following:
(I) Training, support, and operations that prepare the members of the military for combat.
(II) Operation, maintenance, and security of any military installation.
(III) Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use. (ii) “Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined in paragraph (1) of subsection (e) of Section 2687 of Title 10 of the United States Code.
(b)
(1) A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, all correlated with the land use element of the plan.
(2)
(A) Commencing January 1, 2011, upon any substantive
revision of the circulation element, the legislative body shall 93 AB 1889
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67 modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan.
(B)
Upon any substantive revision of the circulation element on or after January 1, 2025, the legislative body shall do all of the following:
(i)
Incorporate the principles of the Federal Highway
Administration’s Safe System Approach, in the circulation element by including policies that aim to eliminate fatal and serious injuries for all road users through a holistic view of the roadway system, including provisions that account for human error, recognize vulnerable road users, and promote redundant and proactive safety measures.
(ii)
Develop bicycle plans, pedestrian plans, and traffic calming plans based on the policies and goals in the circulation element that shall address all of the following for any urbanized area within the scope of the general plan:
(I)
Identify safety corridors and any land or facility that generates high concentrations of bicyclists or pedestrians. (II) Use evidence-based strategies, including strategies identified in the United States Department of Transportation’s Strategic Highway Safety Plan to develop safety measures specific to those areas that are intended to eliminate traffic fatalities, with an emphasis on fatalities of bicyclists, pedestrians, and users of any other form of micromobility device in the areas identified in subclause (I).
(III)
Set goals for initiation and completion of all actions
identified in the plans within 25 years of the date of adoption of the modified circulation element based upon projected development activities within urbanized areas within the scope of the general plan and projected availability of revenues.
(C)
(i) A county or city shall begin implementation of the modified circulation element plan specified in subparagraph (B) within two years of the date of adoption of the plan.
(ii)
A county or city shall regularly review the progress towards and identify impediments to completing implementation of the plan for a multimodal transportation network, including all bicycle plans, pedestrian plans, and traffic calming plans iterated in the 93 AB 1889
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68 modified circulation element, and the construction of any related infrastructure.
(iii) A county or city shall consider revising the circulation element if, following the review under clause (ii), the county or city determines it will not reach the goals of the bicycle, pedestrian, or traffic calming plans within 25 years of the date of adoption of the modified circulation element.
(D)
For the purposes of this paragraph, the following definitions shall apply:
(i) “Business activity district” has the same meaning as defined in Section 22358.9 of the Vehicle Code.
(ii) “Land facilities that generate high concentrations of bicyclists or pedestrians” has the same meaning as described in Section 22358.7 of the Vehicle Code.
(iii)
“Micromobility device” means a bicycle, electric bicycle, or motorized scooter as those terms are defined and described in Division 1 (commencing with Section 100) of the Vehicle Code. (iv)
“Safety corridor” has the same meaning as defined in
Section 22358.7 of the Vehicle Code.
(v) “Urbanized area” has the same meaning as defined in Section 21071 of the Public Resources Code.
(E) For purposes of this paragraph, “users of streets, roads, and highways” mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.
(c)
A housing element as provided in Article 10.6 (commencing with Section 65580).
(d) (1) A conservation element for the conservation,
development, and utilization of natural resources, including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources.

The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on the movement of wildlife and habitat connectivity.

That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, 93 AB 1889
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69 water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared.

Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county.
(2)
The conservation element may also cover all of the
following:
(A) The reclamation of land and waters.
(B) Prevention and control of the pollution of streams and other waters.
(C) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan. (D) Prevention, control, and correction of the erosion of soils, beaches, and shores.
(E) Protection of watersheds.
(F) The location, quantity, and quality of the rock, sand, and gravel resources.
(3) Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater
recharge and stormwater management.
(4)
Upon the adoption or next revision of one or more elements on or after January 1, 2028, the conservation element shall be updated to:
(A)
Identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, as those terms are defined in Section 158 of the Streets and Highways Code. (B)
Identify and analyze existing or planned wildlife passage features, as defined in Section 158 of the Streets and Highways Code, including, but not limited to, wildlife passage features included in the inventory of connectivity needs on the state highway system, as described in Section 158.1 of the Streets and Highways Code, to ensure that planned development does not undermine the effectiveness of existing and potential wildlife passage features, as defined in Section 158 of the Streets and Highways Code.
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70 (C) (i) Consider the impacts of development and the barriers caused by development to wildlife and habitat connectivity. (ii) For the purposes of this subparagraph, “wildlife” has the same meaning as defined in Section 89.5 of the Fish and Game Code.
(D) Avoid, minimize, or mitigate impacts and barriers to wildlife movement to the extent feasible.
(E) Analyze and consider opportunities to remediate existing barriers to wildlife connectivity and restore degraded habitat and open space.
(5)
If a city, county, or city and county has already included policies in existing plans, including its certified local coastal plan, that meet the requirements of paragraph (4), the city, county, or city and county may incorporate the plan by reference into the general plan to comply with this section.
(6)
In preparing to update the conservation element, the city, county, or city and county may do any of the following:
(A) Consider incorporating appropriate standards, policies, and feasible implementation programs such as wildlife-friendly fencing and lighting, buffers from sensitive resources, prohibitions on invasive plants, habitat connectivity overlay zones, and compact development standards, or consider whether adoption of ordinances is necessary to feasibly implement these standards, policies, and implementation programs, and include goals to adopt any necessary ordinances.
(B)
Consult with the Department of Fish and Wildlife, any
California Native American tribe that is on the contact list maintained by the Native American Heritage Commission and that has traditional lands located within the city, county, or city and county’s jurisdiction, and any open-space district that owns lands designated for conservation within the city, county, or city and county’s jurisdiction. Upon receiving a request for consultation, the department, tribe, or district may, in its sole discretion, accept or refuse to consult, based on the priority of natural resources impacted or other factors.
(C)
Consider relevant best available science as appropriate, including, but not limited to, peer-reviewed literature, citable publicly available datasets, publicly sourced online datasets, and information and reports from government agencies, California Native American tribes, and academic institutions.
93 AB 1889
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71 (D) Consider the most appropriately scaled scientific information on linkages, corridors, and other locations that are essential to maintain landscape connectivity, including, but not limited to, any of the following:
(i)
Habitat linkages and wildlife corridors, such as those
identified and summarized in the Areas of Conservation Emphasis, as defined by subdivision (a) of Section 1851 of the Fish and Game Code, and in regional habitat connectivity assessments. (ii)
Wildlife corridors, such as migration corridors identified by global positioning system collar studies.
(iii) Wildlife movement barriers, such as connectivity areas, as defined by subdivision (a) of Section 158 of the Street and Highways Code, and barriers identified by the Department of Fish and Wildlife’s Restoring California’s Wildlife Connectivity report. (iv)
Other connectivity considerations, such as those outlined in the State Wildlife Action Plan, habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code, natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code, regional conservation investment strategies approved pursuant to Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code, and other relevant plans, policies, and ordinances adopted by neighboring jurisdictions.
(7)
In preparing to update the conservation element, the city, county, or city and county may consult with other appropriate local, state, or federal agencies, or academic institutions, as deemed appropriate by the city or county.
(8)
The city, county, or city and county may meet the
requirements in paragraphs (4) through (6), inclusive, in a separate component or section of the general plan entitled a wildlife connectivity element.
(e)
An open-space element as provided in Article 10.5
(commencing with Section 65560).
(f) (1) A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:
(A)
Highways and freeways.
93 AB 1889
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72 (B) Primary arterials and major local streets.
(C) Passenger and freight online railroad operations and ground rapid transit systems.
(D) Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation.
(E)
Local industrial plants, including, but not limited to, railroad classification yards.
(F) Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.
(2)
Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (L dn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in subparagraphs (A) to (F) of paragraph (1), inclusive. (3)
The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise.
(4)
The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the state’s noise insulation standards. (g)
(1) A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and
clearances around structures, as those items relate to identified fire and geologic hazards.
93 AB 1889
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73 (2) The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:
(A) Identify information regarding flood hazards, including, but not limited to, the following:
(i) Flood hazard zones. As used in this subdivision, “flood hazard zone” means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by FEMA.

The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses permitted within flood hazard zones will be free from flooding or flood damage. (ii)
National Flood Insurance Program maps published by
FEMA.
(iii) Information about flood hazards that is available from the United States Army Corps of Engineers.
(iv) Designated floodway maps that are available from the Central Valley Flood Protection Board.
(v) Dam failure inundation maps prepared pursuant to Section 6161 of the Water Code that are available from the Department of Water Resources.
(vi)
Awareness Floodplain Mapping Program maps and 200-year
flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.
(vii)
Maps of levee protection zones.
(viii) Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.
(ix) Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding.
(x)
Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities. (xi) Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.
(B)
Establish a set of comprehensive goals, policies, and
objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:
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74 (i) Avoiding or minimizing the risks of flooding to new development.
(ii) Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones.
(iii)
Maintaining the structural and operational integrity of essential public facilities during flooding.
(iv) Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.
(v)
Establishing cooperative working relationships among public agencies with responsibility for flood protection.
(C) Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).
(3)
Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Research’s most recent publication of “Fire Hazard Planning, General Plan Technical Advice Series” and shall also include all of the following:
(A)
Information regarding fire hazards, including, but not limited to, all of the following:
(i) Fire hazard severity zone maps available from the Office of the State Fire Marshal.
(ii) Any historical data on wildfires available from local agencies or a reference to where the data can be found.
(iii) Information about wildfire hazard areas that may be available from the United States Geological Survey.
(iv) General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and 93 AB 1889
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75 essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open-space designations of homeowner associations. (v)
Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.
(B)
A set of goals, policies, and objectives based on the
information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire. (C)
A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B), including, but not limited to, all of the following:
(i)
Avoiding or minimizing the wildfire hazards associated with new uses of land.
(ii) Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.
(iii)
Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.
(iv)
Working cooperatively with public agencies with
responsibility for fire protection.
(D) If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or county’s adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph.
(4)
Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall 93 AB 1889
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76 be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Research’s General Plan Guidelines and shall include all of the following:
(A)
(i) A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3).
(ii)
Information that may be available from federal, state,
regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:
(I)
Information from the internet-based Cal-Adapt tool.
(II) Information from the most recent version of the California Adaptation Planning Guide.
(III) Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.
(IV)
Information from local agencies on their current ability to deal with the impacts of climate change.
(V) Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged. (VI)
Existing and planned development in identified at-risk
areas, including structures, roads, utilities, and essential public facilities.
(VII)
Federal, state, regional, and local agencies with
responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services.
(B)
A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.
(C)
A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B), including, but not limited to, all of the following:
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77 (i) Feasible methods to avoid or minimize climate change impacts associated with new uses of land.
(ii) The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas.
(iii)
The designation of adequate and feasible infrastructure located in an at-risk area.
(iv) Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.
(v) The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For purposes of this clause, “natural infrastructure” means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.
(D)
(i) If a city or county has adopted the local hazard
mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document. (ii)
Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially 93 AB 1889
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78 complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions, climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met.
(5)
Upon the next revision of the housing element on or after January 1, 2020, the safety element shall be reviewed and updated as necessary to identify residential developments in any hazard area identified in the safety element that do not have at least two emergency evacuation routes.
(6)
After the initial revision of the safety element pursuant to paragraphs (2), (3), (4), and (5), the planning agency shall review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every eight years, to identify new information relating to flood and fire hazards and climate adaptation and resiliency strategies applicable to the city or county that was not available during the previous revision of the safety element.
(7)
Cities and counties that have flood plain management
ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the flood plain ordinance, specifically showing how each requirement of this subdivision has been met.
(8)
Before the periodic review of its general plan and before preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision. (9)
To the extent that a county’s safety element is sufficiently detailed and contains appropriate policies and programs for 93 AB 1889
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79 adoption by a city, a city may adopt that portion of the county’s safety element that pertains to the city’s planning area in satisfaction of the requirement imposed by this subdivision. (h)
(1) An environmental justice element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities within the area covered by the general plan of the city, county, or city and county, if the city, county, or city and county has a disadvantaged community. The
environmental justice element, or related environmental justice goals, policies, and objectives integrated in other elements, shall do all of the following:
(A)
Identify objectives and policies to reduce the unique or compounded health risks in disadvantaged communities by means that include, but are not limited to, the reduction of pollution exposure, including the improvement of air quality, and the promotion of public facilities, food access, safe and sanitary homes, and physical activity.
(B)
Identify objectives and policies to promote civic engagement in the public decisionmaking process.
(C) Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities. (2) A city, county, or city and county subject to this subdivision shall adopt or review the environmental justice element, or the environmental justice goals, policies, and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018.
(3)
By adding this subdivision, the Legislature does not intend to require a city, county, or city and county to take any action prohibited by the United States Constitution or the California Constitution.
(4)
For purposes of this subdivision, the following terms shall apply:
(A) “Disadvantaged communities” means an area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or an area that is a low-income area that is disproportionately affected by
environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation. 93 AB 1889
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80 (B) “Public facilities” includes public improvements, public services, and community amenities, as defined in subdivision (d) of Section 66000.
(C) “Low-income area” means an area with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community
Development’s list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code.

SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
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81 7
1 4
DATE: October 7, 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 SURPLUS OFFICE FURNITURE AND

EQUIPMENT DONATIONS TO LOCAL NON-PROFIT

ORGANIZATIONS

RECOMMENDATION
It is recommended that the City Council of the City of Foster City adopt the attached resolution authorizing the donation of Recreation Center surplus office furniture and equipment and find that the donation of surplus furniture and equipment would be exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3).

EXECUTIVE SUMMARY
The Recreation Center closed to the public on September 16, 2024 to begin construction, and essential items were relocated to other City facilities. Items in good condition but not needed during the closure were moved to storage.

Surplus office furniture and equipment remained, and the Department followed City Purchasing Policy for managing the surplus items. First, other City departments were offered the items for their departments for City use, and then a public auction was held.

Despite these efforts, some items remained, and due to a poor resell market, local resell vendors declined interest. Staff now seeks City Council approval to donate the surplus to local non-profits, such as schools and churches, before considering disposal.

6.4 6.4 Staff Report

82 7
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BACKGROUND/ANALYSIS
On September 3, 2024, the City Council unanimously approved an award of contract to BHM Construction for construction of the new recreation center.

On September 16, the Recreation Center closed to the public to allow for the construction of the new facility. Essential furniture and equipment needed for ongoing operations were relocated to the Vibe, the Community Center, and temporary modular units. Items in good condition but not needed during closure were moved to Department storage areas.

After all useful items were relocated or stored, many objects remained at the Recreation Center, including office furniture and equipment. To mindfully repurpose the surplus, staff reviewed the City’s Purchasing Policy, Section 8 for direction on Surplus Equipment and Supplies, including Auctions, Sealed Bids, Sales Offers and Donating Surplus Assets.

Staff followed the process outlined below for the excess inventory:

1.Offered to other City departments for City use. A Citywide email was sent inviting departments to view items on September 19. Appropriate Capital Asset paperwork was completed for any Equipment Replacement Fund items requested by another department.

2.City-run auction for public. The City Manager and Finance authorization was granted to hold a public auction for any items not retained for City use. The public was notified of the auction through the City’s social media channels and notices in the Foster City Islander and San Mateo Journal. A sealed bid public auction was held September 30-October 2, and winners picked up their items on October 7-8.

After following the above steps, there are still several items left over (i.e. filing cabinets, bookcases, etc.). Many of these items are functional but show signs of wear and are not feasible for use in the new building due to their age and condition. It has been determined that these items have little or no market value using open methods of public sale (Attachment 2).

Staff contacted local liquidation, resell, and auction companies to see if there was interest in the surplus items for resale. Vendors indicated that the current resell market for these for office items is poor and resell is at a standstill. Many people set up home offices during the pandemic and purchased items during that period so are not looking to buy. Also, many tech and other companies have closed and there is a glut of similar items out in the market. The remaining options are to donate or dispose of the surplus.

Per Section 5 of the City’s Purchasing Policy, staff seeks Council authorization to donate the surplus to any interested local organization such as schools (public or private), churches, or service clubs and non-profit organizations before the moving to the final step of disposal.

6.4 6.4 Staff Report

83 7
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California Environmental Quality Act
The approval of the donation of the surplus furniture and equipment 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 and even if a project would be exempt under CEQA Guidelines 15061(b)(3) as it can be seen with certainty that there is no possibility that the donation of surplus furniture and equipment may have a significant effect on the environment.

FISCAL IMPACT
There is no fiscal impact due to disposal or donation.

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

Attachment 1 – Resolution
Attachment 2 – List of Surplus Furniture and Equipment

6.4 6.4 Staff Report

84 2
6 5
2 RESOLUTION NO.

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

AUTHORIZING RECREATION CENTER SURPLUS OFFICE FURNITURE AND

EQUIPMENT DONATIONS TO LOCAL NON-PROFIT ORGANIZATIONS

CITY OF FOSTER CITY
WHEREAS, the Recreation Center closed to the public on September 16, 2024 to begin construction of the new facility; and
WHEREAS, all office furniture and equipment that could be utilized during the closure or saved for the new center was relocated to other City facilities; and WHEREAS, a small amount of the surplus furniture and equipment requested by other departments for City use; and
WHEREAS, a public auction of the remaining surplus items was held from September 30-October 2, 2024, authorized by the City Manager as required by City Purchasing Code; and
WHEREAS, remaining items after the auction have been determined to have little to no fair market value.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Recreation Center Surplus Office Furniture and Equipment Donations to Local Non-Profit Organizations.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 7th day of October 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.4 Attachment 1 - Resolution

85 Item #: Item Qty. Description
1 8-Foot Tables 8
2 Oval Tables 7
3 Pool Table (a) 1
4 Wooden Benches 5
5 Display Cases - Various 3
6 Cabinet - other 1
7 Metal Lockers 1 6 lockers in one
8 Stainless Steel Kitchen Sinks 3 1
9 Die cut machine 1
10 White Boards 2 6ft x 4ft
11 Art Work 14
12 Filling Cabinets various 3
13 Box of Slat Wall Plastic Holders
14 Box of Miscellanious Binders
15 Miscellanious Desk Organizers
16 Table (a) 1
17 Table (b) 1
18 Metal Newspaper/Flyer Rack 1
19 Overhead cabinet 1
20 Lobby Chairs 2 Padded w/ wooden arm rests
21 Office Chairs 9
22 Round Cake Table 1
23 Table Top Glass 1 3ft x 6ft
24 Workout Steps & Rack
25 Dumbbells 5lbs & 10lbs 5lbs (8 sets) 10lbs (6 sets)
26 Stand Up White Board 1
27 Stand Up Chalk Board 1
28 Regular Use Chairs Pool (e) 123 5 moving racks
29 Blue & Grey Baskets
30 Rug 1
31 Projector Screens 6
32 20" TV with VCR 1
33 Easel Stands 2
34 Coat Racks 3
35 Black Fridge 1
36 Corner Desk with Filling Cabinet 1
37 Mr. Coffee Maker 1
38 Box of Tea Cups
39 Preschool Playground Equipment 1 Foster City Rotary Club LIST OF ITEMS FOR DONATION (Subject to Change)

6.4 Attachment 2 - List of Surplus Furniture and Equipment

86 7
1 4
DATE: October 7, 2024

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

FROM: Derek Schweigart, Parks and Recreation Director
Justin Lai, Senior Civil Engineer
DEPARTMENT: Parks and Recreation
SUBJECT: EXECUTE AN AGREEMENT WITH PACIFIC GAS AND

ELECTRIC FOR TEMPORARY POWER DURING

CONSTRUCTION OF 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 the attached agreement with Pacific Gas and Electric (PG&E) in the amount of $82,701.44 for the provision of temporary power during the construction of the Recreation Center Rebuild Project (CIP 301-678).

EXECUTIVE SUMMARY
The City Council approved a construction agreement to BHM Construction LLC. (BHM) for the Recreation Center Rebuild Project (CIP 301-678) (Project) with construction anticipated to begin in November this year. The construction phases will require temporary power to operate efficiently and complete the required construction tasks within the projected timeline. The Project team has developed a plan to receive temporary power from PG&E. For PG&E to perform the work associated with bringing temporary power to the site, the City needs to execute the attached agreement with the associated cost of $82,701.44.

6.5 6.5 Staff Report

87 7
1 4

BACKGROUND/ANALYSIS
On September 3, 2024, the City Council adopted City Resolution No. 2024-92, awarding the Project (CIP 301-678) construction contract to BHM Construction, LLC. for a total contract amount of $44,626,000.

BHM is expected to begin work this year on rebuilding the Recreation Center. In order for the contractors to have sufficient power to perform the operations necessary during construction phases, temporary power must be provided. Working with Group 4, the design architect, and Griffin Structures, the construction manager, a temporary power plan has been developed.

The temporary power requires working with PG&E to provide the necessary facilities to power the switchboard and panel for BHM. PG&E has reviewed the plans for temporary power and created the attached agreement with an associated cost of $82,701.44. This agreement will pay for PG&E’s services and provide temporary power to the site during the construction phase of the project.

California Environmental Quality Act
In July 2023, the City of Foster City, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines adopted by the Secretary of Resources, and the City of Foster City Environmental Review Guidelines, prepared an Initial Study and Mitigated Negative Declaration (SCH # 20231009) with Standards Conditions and Mitigation Monitoring and Reporting Program (SCAMMRP), and CEQA Findings (IS/MND) for the Recreation Center Rebuild Project.

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

On February 20, 2024, the CEQA addendum was adopted to the IS/MND for the Recreation Center Rebuild Project.

FISCAL IMPACT
The Project (CIP 301-678) has an approved budget of $61,034,770, which includes fees and work performed by PG&E. This work has been accounted for in the overall budget and was anticipated by the Project team.

6.5 6.5 Staff Report

88 7
1 4

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

Attachment 1 - Resolution
Attachment 2 – PG&E Contract for Temporary Power

6.5 6.5 Staff Report

89 2
6 6
6 RESOLUTION NO. ___________

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PACIFIC GAS AND ELECTRIC (PG&E) IN THE AMOUNT OF $82,701.44 FOR THE PROVISION

OF TEMPORARY POWER DURING THE CONSTRUCTION OF THE RECREATION CENTER REBUILD PROJECT (CIP 301-678)

CITY OF FOSTER CITY
WHEREAS, at the meeting on June 3, 2024, the City Council adopted City Resolution No. 2024-60 approving the plans and specifications, and authorizing the Call for Bids for the Recreation Center Rebuild Project (CIP301-678); and WHEREAS, at the meeting on September 3, 2024, the City Council adopted City Resolution No. 2024-92, awarding the award of the Recreation Center Rebuild Project CIP 301-678 construction contract to BHM Construction, LLC. for a total contract amount of $44,626,000; and
WHEREAS, In July 2023, the City of Foster City, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines adopted by the Secretary of Resources, and the City of Foster City Environmental Review Guidelines, prepared an Initial Study and Mitigated Negative Declaration (SCH # 20231009) with Standards Conditions and Mitigation Monitoring and Reporting Program (SCAMMRP), and CEQA Findings (IS/MND) for the Recreation Center Rebuild Project; and

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

WHEREAS, On February 20, 2024, the CEQA addendum was adopted to the IS/MND for the Recreation Center Rebuild Project; and

WHEREAS, total funding in the amount of $61,034,770 is approved in the project budget for CIP 301-678; and

WHEREAS, PG&E has provided the temporary construction power agreement and cost for performing the work in the amount of $82,701.44.

6.5 Attachment 1 - Resolution

90 2
6 6
6 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize theCity Manager to execute an agreement with Pacific Gas and Electric in the amount of $82,701.44 for the provision of temporary construction power during the construction of the Recreation Center Rebuild Project (CIP 301-678).

BE IT FURTHER RESOLVED minor, non-substantive revisions may be approved by the City Manager and the City Attorney, and any other documents may be executed as necessary to effectuate the terms of the Agreement as authorized above.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 7th day of October 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.5 Attachment 1 - Resolution

91 128466865
September 12, 2024
Customer Payment
Coupon
References
Notification # 128466865
Contract # 50109585 V1
E13-PM # 35567266
Customer # 4529161
City of Foster City
610 Foster City Boulevard
FOSTER CITY, CA 94404
Customer Cost Summary
650 SHELL BOULEVARD, FOSTER CITY
Amounts Due Total Due
Electric Temporary Power $86,201.44
Minus the following credit
Advance Credit ($3,500.00)
$82,701.44
Important Payment Information
To complete your contract ONLINE
Follow the instructions provided with your electronic contract Submit payment at https://www.pge.com/contractpayments
To complete your contract BY MAIL
Please make check payable to: PG&E or Pacific Gas and Electric Complete, sign and return the enclosed agreement(s), the SACAC form and the customer payment coupon with your payment
Remit payment and SACAC form to:

PG&E CFM/PPC Department
PO BOX 997340
Sacramento, CA 95899-7340

IMPORTANT MESSAGE
Please review the enclosed information
and total due. This document needs
to be returned with the enclosed
agreements.

If you complete your contract ONLINE,
a copy will be saved to your Customer
Connections Online (CCO) account at
pge.com/cco.

To learn more about PG&E's gas and
electric safety initiatives and resources
please visit pge.com/safety.

Have Questions?
Please Call 1-800-422-0436

6.5 Attachment 2 - PG&E Contract for Temporary Power

92 Form 79-875
Rates & Tariffs
December 15, 2004
Advice 2597-G/2599-EPage 1 of 2
* Automated document, Preliminary Statement, Part A128466865

APPLICATION AND AGREEMENT FOR

ELECTRIC AND/OR NATURAL GAS FACILITIES

WHERE FULL ADVANCE PAYMENT IS REQUIRED
Rule 13 - Temporary Service
Pacific Gas And Electric Company
REFERENCES:
128466865Notification #
50109585Contract #
35567266E-PM #
G-PM #
1V
To Pacific Gas and Electric Company:

The undersigned Applicant hereby requests you to deliver electric energy and/or natural gas to and for the equipment hereinafter described, at the location shown on Exhibit A, in accordance with the applicable rates and rules of PG&E.

In consideration of PG&E's acceptance of this application and the installation of facilities to supply temporary electric and/or natural gas service, Applicant hereby agrees to the following:

X
208Electric Service Voltage Electric Load 44Est. Max. Demand 400Electric Main Service Rating
Natural Gas Load:

Electric Equipment to be Served PHASE KVA KW HP
3Power
Lighting
0Other xxx
20 0 0
N/A
0 0
0 0
0 City of Foster City, A GOVERNMENT AGENCYBusiness or Individual's Name #sigDateR13#Dated #dbaR13#D.B.A
By:#titleR13#
#sigR13#Witness Office of Origin
Approved and accepted for Pacific Gas and Electric Company Jay Min

7. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in the exercise of its jurisdiction.

6. In the event Applicant, prior to reclassification, materially increases or decreases his electric service and/or natural gas requirements from those installed hereunder and a change is made in PG&E's facilities, settlement shall be made for the installation and removal cost of the facilities removed. A new temporary service agreement shall be entered into providing for the modified service required by Applicant.

5. Applicant hereby grants to PG&E a right-of-way for any electric and/or natural gas lines which it may be necessary to build in, on, under or over Applicant's premise for the purpose of making delivery hereunder. Where Applicant requests facilities which are in addition to, or in substitution for, the standard facilities which PG&E normally would install, the extra cost thereof shall be paid by Applicant under the provisions of PG&E's Gas or Electric Rule 2.

4. The amount of refund upon reclassification of Applicant's facilities from temporary to permanent will be made on the basis of the extension and/or service rule in effect at the time temporary service is reclassified to permanent. No interest shall be paid on any amount advanced.

3. Applicant agrees to pay, in advance to PG&E, prior to the installation thereof, the estimated cost installed plus the estimated cost of removal, less the estimated salvage of the facilities installed to provide the service herein applied for, which cost is agreed to be the sum of
2 Applicant's attention has been directed to the rate schedules applicable to the service herein described, and Applicant has elected to take and pay for service under schedule HB-1 for a maximum period of 15 months.

As specified in this schedule, Applicant elects the following optional provisions:

1. PG&E has made available for inspection its applicable rates and rules. Applicant agrees to comply therewith, and with any changes or modifications thereof which may be authorized from time to time by the Public Utilities Commission of the State of California.

Volts kW kW
Amperes
Btu/hr. psi
##Form 79-875#
City ManagerTitle
Eighty-six thousand two hundred one dollars and forty-four cents 0Gas Load 0Gas Delivery Pressure
September 12, 2024

6.5 Attachment 2 - PG&E Contract for Temporary Power

93 Form 79-875
Rates & Tariffs
December 15, 2004
Advice 2597-G/2599-EPage 2 of 2
* Automated document, Preliminary Statement, Part A128466865 RULE 13 - TEMPORARY SERVICEEXHIBIT A1
City of Foster CityApplicant:
610 Foster City BoulevardMailing Address:

FOSTER CITY, CA 94404City, Zip:
650 SHELL BOULEVARDService Location:

FOSTER CITYCity, Zip:

MLX #:

Premise #:

Date of Application:

Date Service Needed:

1. Installation: Electric Gas
$65,076.01 a. By PG&E
$6,978.07 b. By Applicant
$2,043.26 2. Removal
$1,047.43 3. Inspection Fee
$0.00 4. Less Salvage
$75,144.77 Subtotal Rule 13 Costs (1+2+3-4)
(Install + Removal - Salvage)
24%ITCC (Tax Rate)
$93,179.51 Total Rule 13 Costs
$6,978.07 a. Value of Applicant Installed Facilities

6. Reduction to Charges (Credits)
SEE PMT CPNb. Engineering Advance
$0.00 c. Other
$86,201.44 Total Rule 13 Costs DUE
$18,034.74 0%
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

SEE PMT CPN
$0.00
$0.00
B. COSTS SUBJECT TO REFUND IF RECLASSIFIED TO PERMANENT SERVICE:

Payment required for permanent service based upon PG&E's distribution and service extension rules in effect at the time temporary service is reclassified to permanent service. $48.26 7. Installation cost plus salvage
$11.58 8. ITCC on Installation plus salvage only
$59.84
Total to be used for
Distribution and Service
Extension Agreement:
$69.74 9. Removal costs
$16.73 10. ITCC on removal costs only
$86.47
Total Removal Credit that
may be applied to the balance
of the Distribution and Service
Extension Agreement:
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

6.5 Attachment 2 - PG&E Contract for Temporary Power

94 DATE: October 7, 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: APPROPRIATION OF $73,200 FROM THE GENERAL FUND TO ACCOUNT NO. 001-0220-414-42-51 FOR COSTS ASSOCIATED
WITH THE CITY’S TRANSITION TO DISTRICT-BASED

ELECTIONS

RECOMMENDATION
It is recommended that the City Council approve attached resolution authorizing the appropriation of $73,200 from the General Fund to Account No. 001-0220-414-42-51 to cover anticipated costs associated with the City’s transition to district-based elections.

EXECUTIVE SUMMARY
At the regular City Council meeting on August 19, 2024, the City Council discussed a letter received on July 22, 2024 from a potential plaintiffs’ attorney, Shenkman and Hughes PC, alleging a violation of the California Voting Rights Act (the “CVRA”) and threatening litigation if the City declines to voluntarily change to a district-based election system for electing Councilmembers. The City Council gave direction for the City Manager to proceed with retaining a demographer under the City Manager’s purchasing authority in the City’s Purchasing Policy and to agendize a resolution of intent to take advantage of the safe harbor provisions per the CVRA.

Since then, City staff met with three demographers and retained the services of Redistricting Partners in the amount not to exceed $49,500. Additionally, staff would need $23,700 to cover the cost of informational mailers to residents, translation services (if needed), and legal noticing. Since staff received the CVRA letter after the

6.6 6.6 Staff Report

95 FY 2024-2025 budget was adopted, staff is recommending that the City Council authorize a budget appropriation of $73,200 from the General Fund to Account No. 001-0220-414-42-51 to cover anticipated costs associated with the City’s transition to district elections.

BACKGROUND/ANALYSIS
The City of Foster City currently elects its Councilmembers at-large, which means that each Councilmember is elected by the registered voters of the entire City.

On July 22, 2024, City staff received a letter from Shenkman and Hughes, PC challenging the City’s current at-large election system and on August 19, 2024, the City Council gave direction for the City Manager to proceed with retaining a demographer under the City Manager’s purchasing authority and to agendize a resolution of intent.

At the regular City Council meeting on September 3, 2024, City Council passed City Resolution No. 2024-91, declaring the City’s intent to initiate the process to transition from at-large elections to district-based elections. The CVRA requires that the City hold five public hearings. The first two public hearings provide information on the redistricting process, descriptions of data and mapping tools, and allow the community to provide input on their communities of interest within the City. The third and fourth public hearings will present maps of the new potential district boundaries produced by the demographer or the public. The fifth public hearing will be where maps are adopted.

City staff met with three demographers and retained the services of Redistricting Partners in an amount not to exceed $49,500. Redistricting Partners has worked with many cities within San Mateo County, including San Mateo, Belmont, Burlingame, Redwood City, etc.

The total agreement amount not to exceed $49,500 includes full CVRA districting services; the demographer will attend each public hearing, create the mapping options, and work with City staff on the districting process. It also includes the DistrictR Mapping Tool, which will be available online for public use, and the cost of additional meetings/workshops at $1,500/meeting. The agreement includes the cost of having the consultant host up to three workshops to help the community understand how to use and submit maps using the mapping tool.

Additionally, staff intends to send out two informational mailers to residents and provide printed outreach materials when tabling at community events and at city facilities. Legal noticing for public hearings is another requirement in the transition to district elections.

Considering there may be up to five public hearings, staff has included a $4,200 line item in the budget for publication of legal notices/ads in the local newspapers.

6.6 6.6 Staff Report

96 Based on the consultant’s recommendation, the mailers, outreach materials, district elections webpage, and legal noticing will be translated into other languages and staff can arrange for in-person translation services upon request.

California Environmental Quality Act
This item does not constitute a project as defined by the California Environmental Quality Act (Public Resources Code § 21000, et seq.) (CEQA) as the adoption of the resolution does not have the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15378.).

FISCAL IMPACT
The breakdown of the costs associated with the City’s transition to district-based elections are outlined below.

Cost
Agreement for Demographer Services $49,500
Two mailers to be sent to residents $16,000
Legal noticing/Ads $4,200
Translation services $3,500
Total $73,200
Since City staff received the CVRA letter after the FY 2024-2025 budget was adopted, staff is recommending that the City Council authorize an appropriation of $73,200 from the General Fund to Account No. 001-0220-414-42-51 to cover anticipated costs associated with the City’s transition to district elections.

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

Attachment 1 - Resolution

6.6 6.6 Staff Report

97 2
6 6
3 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE APPROPRIATION OF $73,200 FROM THE GENERAL FUND TO ACCOUNT NO. 001-0220-414-42-51 FOR THE COSTS ASSOCIATED WITH THE CITY’S TRANSITION TO DISTRICT-BASED ELECTIONS

CITY OF FOSTER CITY
WHEREAS, members of the City Council are currently elected in “at-large” elections, in which each City Councilmember is elected by the registered voters of the entire City; and
WHEREAS, on July 22, 2024, the City of Foster City (“City”) received a certified letter from a potential plaintiffs’ attorney, alleging a violation of the California Voting Rights Act (the “CVRA”) and threatening litigation if the City declines to voluntarily change to a district-based election system for electing Councilmembers; and WHEREAS, on August 19, 2024, the City Council gave direction for the City Manager to proceed with retaining a demographer under the City Manager’s purchasing authority in the City’s Purchasing Policy; and
WHEREAS, on September 3, 2024, the City Council adopted City Resolution No. 2024-91 initiating the City’s intent to transition from at-large elections to district-based elections; and
WHEREAS, City staff retained the demographer services of Redistricting Partners in the amount not to exceed $49,500; and
WHEREAS, the additional cost of $23,700 associated with the City’s transition to district-based elections include informational mailers sent to residents, translation of materials, and legal noticing for public hearings.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the appropriation of $73,200 from the General Fund to Account No. 001-0220-414-42-51 for the costs associated with the City’s transition to district-based elections.

6.6 Attachment 1 - Resolution

98 2
6 6
3 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 7th day of October, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.6 Attachment 1 - Resolution

99 DATE: October 7, 2024

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

FROM: Diane Pitman, Administrative Services Director
DEPARTMENT: Administrative Services
SUBJECT: UPDATED CITY/DISTRICT PAY PLAN FOR FISCAL YEAR 2024- 2025 EFFECTIVE SEPTEMBER 9, 2024; AND OTHER

RETROACTIVE PLANS

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors (City Council) adopt resolutions approving the updated Pay Plan for Fiscal Years 2024-2025, effective September 9, 2024; FY 2024-2025 effective July 1, 2024; FY 2023-2024 effective July 1, 2023; FY 2023-2024 effective January 1, 2024; and FY 2022-2023, effective June 1, 2023 as a result of retroactive salary increases for the classifications represented by the American Federation of State, County, & Municipal Employees (AFSCME) labor unit.

BACKGROUND/ANALYSIS
The City Council approves a Pay Plan at a regularly scheduled meeting as part of the budget adoption process or amends the Pay Plan if there are changes during the fiscal year. This action is necessary to remain in compliance with CalPERS requirements under Government Code 20636 and California Code of Regulations 570.5, which required the council to duly approve and adopt a publicly available pay schedule.

On August 19, 2024, the City Council approved the memorandum of understanding (MOU) between the city and the AFSCME labor unit, which included increases for those represented employees, effective FY 2024-2025 September 9, 2024 and other

6.7 6.7 Staff Report

100

retroactive wage increases which impacted the following salary plans: FY 2024-2025 effective July 1, 2024; FY 2023-2024 effective July 1, 2023; FY 2023-2024 effective January 1, 2024; and FY 2022-2023, effective June 1, 2023.

Upon approval, the most recent pay plan will be made publicly available on the City’s public webpage and the retroactive plans will be archived and made available upon request.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
The budget to pay for the classifications associated with the new salaries have already been approved by City Council and are in the applicable Office's budget.

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

Attachment 1 - City Resolution
Attachment 2 - EMID Resolution
Attachment 3 - City/District Pay Plan for FY 2024-2025 Effective September 9, 2024 Attachment 4 - City/District Pay Plan for FY 2024-2025 Effective July 1, 2024 Attachment 5 - City/District Pay Plan for FY 2023-2024 Effective January 1, 2024 Attachment 6 - City/District Pay Plan for FY 2023-2024 Effective July 1, 2023 Attachment 7 - City/District Pay Plan for FY 2022-2023 Effective June 1 2023

6.7 6.7 Staff Report

101

2 6
4 0
RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING AND ADOPTING THE AMENDED PAY PLANS FOR FISCAL YEAR 2024- 2025; FISCAL YEAR 2024-2023; AND FISCAL YEAR 2022-2023

CITY OF FOSTER CITY
WHEREAS, the City Manager has prepared and submitted to the City Council a schedule of pay ranges for job classifications for Fiscal Year 2024-2025 effective September 9, 2024, Fiscal Year 2024-2025 effective July 1, 2024; Fiscal Year 2023-2024 effective July 1, 2023; Fiscal Year 2023-2024 effective January 1, 2024; and Fiscal Year 2022-2023, effective June 1, 2023; and
WHEREAS, the schedule of pay ranges is referred to as the Pay Plan; and WHEREAS, the Pay Plan incorporates the negotiated salary increases for the classifications represented by American Federation of State, County, & Municipal Employees (AFSCME) labor unit and approved salary increase of the City Manager; and WHEREAS, the City Council of the City of Foster City must approve the Pay Plan in order for the pay ranges to become effective.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City that the amended Pay Plan for Fiscal Year 2024-2025 effective September 9, 2024, Fiscal Year 2024-2025 effective July 1, 2024; Fiscal Year 2023-2024 effective July 1, 2023; Fiscal Year 2023-2024 effective January 1, 2024; and Fiscal Year 2022-2023, effective June 1, 2023, is hereby adopted.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 7th day of October 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.7 Attachment 1 - City Resoultion

102

2 6
4 1
RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING AND ADOPTING THE PAY PLANS FOR FISCAL YEAR 2024-2025; FISCAL YEAR 2024-2023; AND FISCAL YEAR 2022-2023

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the District Manager has prepared and submitted to the Board of Directors a schedule of pay ranges for job classifications for Fiscal Year 2024-2025 effective September 9, 2024, Fiscal Year 2024-2025 effective July 1, 2024; Fiscal Year 2023-2024 effective July 1, 2023; Fiscal Year 2023-2024 effective January 1, 2024; and Fiscal Year 2022-2023, effective June 1, 2023; and
WHEREAS, the schedule of pay ranges is referred to as the Pay Plan; and WHEREAS, the Pay Plan incorporates the negotiated salary increases for the classifications represented by American Federation of State, County, & Municipal Employees (AFSCME) labor unit and the approved salary increase of the City Manager; and
WHEREAS, the Board of Directors of the Estero Municipal Improvement District must approve the Pay Plan in order for the pay ranges to become effective.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Estero Municipal Improvement District that the amended Pay Plans for Fiscal Year 2024-2025 effective September 9, 2024, Fiscal Year 2024-2025 effective July 1, 2024; Fiscal Year 2023-2024 effective July 1, 2023; Fiscal Year 2023-2024 effective January 1, 2024; and Fiscal Year 2022-2023, effective June 1, 2023, is hereby adopted.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 7 th day of October 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, PRESIDENT
ATTEST:
_________

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.7 Attachment 2 - EMID Resolution

103

Exhibit ACity of Foster City / Estero Municipal Improvement District FY 2024-2025 Pay Plan
Effective September 9, 2024
Hourly
Position Step 1 Step 2 Step 3 Step 4 Step 5
Monthly
Executive Management
City Manager 27,338.97$
Chief of Police 20,406.50 21,426.83 22,498.16 23,623.08 24,804.24 Assistant City Manager 20,406.50 21,426.83 22,498.16 23,623.08 24,804.24 Director of Public Works 18,725.63 19,661.91 20,645.01 21,677.26 22,761.13 Community Development Director 18,278.92 19,192.87 20,152.51 21,160.13 22,218.14 Finance Director 18,278.92 19,192.87 20,152.51 21,160.13 22,218.14 Parks & Recreation Director 18,278.92 19,192.87 20,152.51 21,160.13 22,218.14 Administrative Services Director 18,278.92 19,192.87 20,152.51 21,160.13 22,218.14 Deputy City Manager 18,278.92 19,192.87 20,152.51 21,160.13 22,218.14 Communications Director / City Clerk 17,443.38 18,315.54 19,231.32 20,192.88 21,202.53 Other Management - Exempt
Police Captain 17,176.45 18,035.26 18,937.03 19,883.88 20,878.07 Engineering Manager 15,120.04 15,876.05 16,669.85 17,503.34 18,378.50 Police Lieutenant 14,935.84 15,682.63 16,466.75 17,290.09 18,154.59 Assistant Finance Director 14,460.68 15,183.71 15,942.89 16,740.03 17,577.04 Chief Building Official 13,859.14 14,552.10 15,279.70 16,043.68 16,845.87 Economic Development Manager 13,692.74 14,377.38 15,096.24 15,851.06 16,643.61 Information Technology Manager 13,692.74 14,377.38 15,096.24 15,851.06 16,643.61 Human Resources Manager 13,692.74 14,377.38 15,096.24 15,851.06 16,643.61 Planning Manager 13,379.51 14,048.49 14,750.93 15,488.48 16,262.90 Principal Management Analyst 12,960.39 13,608.42 14,288.84 15,003.28 15,753.45 Financial Services Manager 12,617.83 13,248.73 13,911.16 14,606.71 15,337.05 Senior Civil Engineer 12,553.74 13,181.43 13,840.49 14,532.53 15,259.16 Public Works Maintenance Manager 12,370.44 12,988.96 13,638.40 14,320.33 15,036.35 Building/Fleet Maintance Manager 11,752.00 12,339.60 12,956.58 13,604.41 14,284.64 Parks Maintenance Manager 11,504.65 12,079.88 12,683.87 13,318.07 13,983.96 Recreation Manager 11,323.12 11,889.28 12,483.74 13,107.93 13,763.33 Senior Management Analyst 11,269.73 11,833.22 12,424.88 13,046.12 13,698.43 Senior Planner 10,976.09 11,524.90 12,101.15 12,706.20 13,341.50 Associate Civil Engineer 10,916.46 11,462.29 12,035.40 12,637.18 13,269.03 Senior Human Resources Analyst 10,783.86 11,323.05 11,889.21 12,483.67 13,107.87 Public Works Maintenance Superintendent 10,514.26 11,039.98 11,591.98 12,171.57 12,780.14 Sr. Systems Analyst 10,349.51 10,866.98 11,410.33 11,980.83 12,579.87 Senior Accountant 10,176.12 10,684.93 11,219.17 11,780.13 12,369.14 Communications Manager 9,868.25 10,361.66 10,879.73 11,423.72 11,994.91 Assistant Engineer 9,824.67 10,315.90 10,831.69 11,373.27 11,941.92 Management Analyst 9,799.73 10,289.71 10,804.20 11,344.41 11,911.62 Associate Planner 9,544.36 10,021.58 10,522.65 11,048.79 11,601.22 Human Resources Analyst 9,377.06 9,845.91 10,338.21 10,855.12 11,397.88 Parks Maintenance Supervisor 9,190.20 9,649.71 10,132.20 10,638.80 11,170.74 Technology Analyst II 9,148.38 9,605.80 10,086.09 10,590.39 11,119.91 Fleet Supervisor 9,081.75 9,535.83 10,012.62 10,513.26 11,038.92 Accountant II 8,848.49 9,290.91 9,755.46 10,243.24 10,755.40 Assistant Planner 8,589.57 9,019.05 9,470.00 9,943.49 10,440.66 Technology Analyst I 8,057.43 8,460.31 8,883.33 9,327.50 9,793.87 Accountant I 7,963.99 8,362.19 8,780.30 9,219.32 9,680.29 Management Assistant 6,701.29 7,036.36 7,388.18 7,757.59 8,145.47

Page 1 ends

6.7 Attachment 3 - City/District Pay Plan for FY2024-2025 Effective September 9, 2024

104

Exhibit ACity of Foster City / Estero Municipal Improvement District FY 2024-2025 Pay Plan
Effective September 9, 2024
Hourly
Position Step 1 Step 2 Step 3 Step 4 Step 5
Other Management - Non-Exempt
Deputy City Clerk 45.5457 47.8230 50.2142 52.7249 55.3611 Police Records Supervisor 51.7678 54.3562 57.0740 59.9277 62.9241 Housing Coordinator 56.5369 59.3637 62.3319 65.4485 68.7209 Human Resources Technician 42.4349 44.5566 46.7844 49.1236 51.5798 AFSCME
Plans Examiner 62.6537$ 65.7864$ 69.0757$ 72.5295$ 76.1560$ Sr. Bldg Inspector 56.8288$ 59.6702$ 62.6537$ 65.7864$ 69.0757$ Building Inspector 51.5454$ 54.1227$ 56.8288$ 59.6702$ 62.6537$ Code Enforcement Officer II 48.5554$ 50.9832$ 53.5324$ 56.2090$ 59.0195$ Sr. Engineering Technician 45.7266$ 48.0129$ 50.4135$ 52.9342$ 55.5809$ Recreation Coordinator II 45.1764$ 47.4352$ 49.8070$ 52.2974$ 54.9123$ Public Works Lead Maintenance Worker 43.7108$ 45.8963$ 48.1911$ 50.6007$ 53.1307$ Mechanic I 43.4795$ 45.6535$ 47.9362$ 50.3330$ 52.8497$ Social Media / Communication Assistant 42.9514$ 45.0990$ 47.3539$ 49.7216$ 52.2077$ Building Lead Maintenance Worker 42.9133$ 45.0590$ 47.3120$ 49.6776$ 52.1615$ Parks Lead Maintenance Worker 42.9133$ 45.0590$ 47.3120$ 49.6776$ 52.1615$ Irrigation Technician 42.9133$ 45.0590$ 47.3120$ 49.6776$ 52.1615$ Building Permit Technician II 42.3255$ 44.4418$ 46.6639$ 48.9971$ 51.4470$ Administrative Assistant II 41.8667$ 43.9600$ 46.1580$ 48.4659$ 50.8892$ Recreation Coordinator I 40.9763$ 43.0251$ 45.1764$ 47.4352$ 49.8070$ Building Maintenance Worker II 40.6447$ 42.6769$ 44.8107$ 47.0512$ 49.4038$ Public Works Maintenance Worker II 39.6470$ 41.6293$ 43.7108$ 45.8963$ 48.1911$ Sr. Comm. Services Officer 39.1437$ 41.1009$ 43.1559$ 45.3137$ 47.5794$ Parks Maintenance Worker II 38.9236$ 40.8698$ 42.9133$ 45.0590$ 47.3120$ Senior Accounting Specialist 38.5594$ 40.4874$ 42.5118$ 44.6374$ 46.8693$ Equipment Maintenance Worker 38.4753$ 40.3991$ 42.4191$ 44.5401$ 46.7671$ Building Permit Technician I 37.9955$ 39.8953$ 41.8901$ 43.9846$ 46.1838$ Administrative Assistant I 37.9743$ 39.8730$ 41.8667$ 43.9600$ 46.1580$ Accounting Specialist 36.7232$ 38.5594$ 40.4874$ 42.5118$ 44.6374$ Building Maintenance Worker I 36.6462$ 38.4785$ 40.4024$ 42.4225$ 44.5436$ Building Services Coordinator 36.6462$ 38.4785$ 40.4024$ 42.4225$ 44.5436$ Police Records Specialist 37.3335$ 39.2002$ 41.1602$ 43.2182$ 45.3791$ Public Works Maintenance Worker I 35.9610$ 37.7590$ 39.6470$ 41.6293$ 43.7108$ Code Enforcement Officer I 35.7448$ 37.5320$ 39.4086$ 41.3790$ 43.4480$ Parks Maintenance Worker I 35.3049$ 37.0701$ 38.9236$ 40.8698$ 42.9133$ Office Assistant II 33.5668$ 35.2451$ 37.0074$ 38.8578$ 40.8007$ Public Works Maintenance Worker 32.6177$ 34.2486$
Parks Maintenance Worker 32.0227$ 33.6238$
Office Assistant I 30.4462$ 31.9685$
FCPOA
Police Sergeant 70.7665$ 74.3048$ 78.0200$ 81.9210$ 86.0170$ Police Corporal 64.6590$ 67.8920$ 71.2866$ 74.8509$ 78.5934$ Police Dispatch Supervisor 59.3881$ 62.3575$ 65.4754$ 68.7492$ 72.1867$ Police Officer 58.4381$ 61.3600$ 64.4280$ 67.6494$ 71.0319$ Lead Police Dispatcher 54.4003$ 57.1203$ 59.9763$ 62.9751$ 66.1239$ Police Officer Recruit 53.0050$ 55.6552$
Police/Fire Dispatcher 49.3427$ 51.8098$ 54.4003$ 57.1203$ 59.9763$ Hourly / Part-Time / Seasonal
Building Services Coordinator Assistant 19.53$ 20.21$ 20.92$ 21.65$ 22.41$ Recreation Leader III 19.53$ 20.21$ 20.92$ 21.65$ 22.41$ Recreation Leader II 18.22$ 18.86$ 19.51$ 20.20$ 20.92$ Building Serv. Assistant 17.00$ 17.60$ 18.21$ 18.85$ 19.51$ Clerical Assistant 17.00$ 17.60$ 18.21$ 18.85$ 19.51$ Recreation Leader I 17.00$ 17.60$ 18.21$ 18.85$ 19.51$ Department Intern 17.00$ 30.00$
Videographer 20.00$ 30.00$
Hourly

Page 2 ends

6.7 Attachment 3 - City/District Pay Plan for FY2024-2025 Effective September 9, 2024

105

Exhibit ACity of Foster City / Estero Municipal Improvement District FY 2024-2025 Pay Plan
Effective July 1, 2024
Hourly
Position Step 1 Step 2 Step 3 Step 4 Step 5
Monthly
Executive Management
City Manager 27,338.97$
Chief of Police 20,406.50 21,426.83 22,498.16 23,623.08 24,804.24 Assistant City Manager 20,406.50 21,426.83 22,498.16 23,623.08 24,804.24 Director of Public Works 18,725.63 19,661.91 20,645.01 21,677.26 22,761.13 Community Development Director 18,278.92 19,192.87 20,152.51 21,160.13 22,218.14 Finance Director 18,278.92 19,192.87 20,152.51 21,160.13 22,218.14 Parks & Recreation Director 18,278.92 19,192.87 20,152.51 21,160.13 22,218.14 Administrative Services Director 18,278.92 19,192.87 20,152.51 21,160.13 22,218.14 Deputy City Manager 18,278.92 19,192.87 20,152.51 21,160.13 22,218.14 Communications Director / City Clerk 17,443.38 18,315.54 19,231.32 20,192.88 21,202.53 Other Management - Exempt
Police Captain 17,176.45 18,035.26 18,937.03 19,883.88 20,878.07 Engineering Manager 15,120.04 15,876.05 16,669.85 17,503.34 18,378.50 Police Lieutenant 14,935.84 15,682.63 16,466.75 17,290.09 18,154.59 Assistant Finance Director 14,460.68 15,183.71 15,942.89 16,740.03 17,577.04 Chief Building Official 13,859.14 14,552.10 15,279.70 16,043.68 16,845.87 Economic Development Manager 13,692.74 14,377.38 15,096.24 15,851.06 16,643.61 Information Technology Manager 13,692.74 14,377.38 15,096.24 15,851.06 16,643.61 Human Resources Manager 13,692.74 14,377.38 15,096.24 15,851.06 16,643.61 Planning Manager 13,379.51 14,048.49 14,750.93 15,488.48 16,262.90 Principal Management Analyst 12,960.39 13,608.42 14,288.84 15,003.28 15,753.45 Financial Services Manager 12,617.83 13,248.73 13,911.16 14,606.71 15,337.05 Senior Civil Engineer 12,553.74 13,181.43 13,840.49 14,532.53 15,259.16 Public Works Maintenance Manager 12,370.44 12,988.96 13,638.40 14,320.33 15,036.35 Building/Fleet Maintance Manager 11,752.00 12,339.60 12,956.58 13,604.41 14,284.64 Parks Maintenance Manager 11,504.65 12,079.88 12,683.87 13,318.07 13,983.96 Recreation Manager 11,323.12 11,889.28 12,483.74 13,107.93 13,763.33 Senior Management Analyst 11,269.73 11,833.22 12,424.88 13,046.12 13,698.43 Senior Planner 10,976.09 11,524.90 12,101.15 12,706.20 13,341.50 Associate Civil Engineer 10,916.46 11,462.29 12,035.40 12,637.18 13,269.03 Senior Human Resources Analyst 10,783.86 11,323.05 11,889.21 12,483.67 13,107.87 Public Works Maintenance Superintendent 10,514.26 11,039.98 11,591.98 12,171.57 12,780.14 Sr. Systems Analyst 10,349.51 10,866.98 11,410.33 11,980.83 12,579.87 Senior Accountant 10,176.12 10,684.93 11,219.17 11,780.13 12,369.14 Communications Manager 9,868.25 10,361.66 10,879.73 11,423.72 11,994.91 Assistant Engineer 9,824.67 10,315.90 10,831.69 11,373.27 11,941.92 Management Analyst 9,799.73 10,289.71 10,804.20 11,344.41 11,911.62 Associate Planner 9,544.36 10,021.58 10,522.65 11,048.79 11,601.22 Human Resources Analyst 9,377.06 9,845.91 10,338.21 10,855.12 11,397.88 Parks Maintenance Supervisor 9,190.20 9,649.71 10,132.20 10,638.80 11,170.74 Technology Analyst II 9,148.38 9,605.80 10,086.09 10,590.39 11,119.91 Fleet Supervisor 9,081.75 9,535.83 10,012.62 10,513.26 11,038.92 Accountant II 8,848.49 9,290.91 9,755.46 10,243.24 10,755.40 Assistant Planner 8,589.57 9,019.05 9,470.00 9,943.49 10,440.66 Technology Analyst I 8,057.43 8,460.31 8,883.33 9,327.50 9,793.87 Accountant I 7,963.99 8,362.19 8,780.30 9,219.32 9,680.29 Management Assistant 6,701.29 7,036.36 7,388.18 7,757.59 8,145.47

Page 1 ends

6.7 Attachment 4 - City/District Pay Plan for FY 2024-2025 Effective July 1, 2024

106

Exhibit ACity of Foster City / Estero Municipal Improvement District FY 2024-2025 Pay Plan
Effective July 1, 2024
Hourly
Position Step 1 Step 2 Step 3 Step 4 Step 5
Other Management - Non-Exempt
Deputy City Clerk 45.5457 47.8230 50.2142 52.7249 55.3611 Police Records Supervisor 51.7678 54.3562 57.0740 59.9277 62.9241 Housing Coordinator 56.5369 59.3637 62.3319 65.4485 68.7209 Human Resources Technician 42.4349 44.5566 46.7844 49.1236 51.5798 AFSCME - Maintenance Unit
Public Works Lead Maintenance Worker 42.1107$ 44.2162$ 46.4270$ 48.7483$ 51.1857$ Mechanic I 41.8879$ 43.9823$ 46.1814$ 48.4905$ 50.9150$ Building Lead Maintenance Worker 41.3424$ 43.4095$ 45.5800$ 47.8590$ 50.2519$ Parks Lead Maintenance Worker 41.3424$ 43.4095$ 45.5800$ 47.8590$ 50.2519$ Irrigation Technician 41.3424$ 43.4095$ 45.5800$ 47.8590$ 50.2519$ Building Maintenance Worker II 39.1568$ 41.1146$ 43.1703$ 45.3288$ 47.5952$ Public Works Maintenance Worker II 38.1956$ 40.1054$ 42.1107$ 44.2162$ 46.4270$ Parks Maintenance Worker II 37.4988$ 39.3737$ 41.3424$ 43.4095$ 45.5800$ Equipment Maintenance Worker 37.0669$ 38.9202$ 40.8662$ 42.9095$ 45.0550$ Building Maintenance Worker I 35.3045$ 37.0697$ 38.9232$ 40.8694$ 42.9129$ Public Works Maintenance Worker I 34.6446$ 36.3768$ 38.1956$ 40.1054$ 42.1107$ Parks Maintenance Worker I 34.0125$ 35.7131$ 37.4988$ 39.3737$ 41.3424$ Public Works Maintenance Worker 31.4236$ 32.9948$
Parks Maintenance Worker 30.8504$ 32.3929$
AFSCME - General Unit
Plans Examiner 60.3602$ 63.3782$ 66.5471$ 69.8745$ 73.3682$ Sr. Bldg Inspector 54.7485$ 57.4859$ 60.3602$ 63.3782$ 66.5471$ Building Inspector 49.6584$ 52.1413$ 54.7484$ 57.4858$ 60.3601$ Code Enforcement Officer II 46.7780$ 49.1169$ 51.5727$ 54.1513$ 56.8589$ Sr. Engineering Technician 44.0526$ 46.2552$ 48.5680$ 50.9964$ 53.5462$ Recreation Coordinator II 43.5227$ 45.6988$ 47.9837$ 50.3829$ 52.9020$ Social Media / Communication Assistant 41.3790$ 43.4479$ 45.6203$ 47.9013$ 50.2964$ Building Permit Technician II 40.7761$ 42.8149$ 44.9556$ 47.2034$ 49.5636$ Administrative Assistant II 40.3340$ 42.3507$ 44.4682$ 46.6916$ 49.0262$ Recreation Coordinator I 39.4764$ 41.4502$ 43.5227$ 45.6988$ 47.9837$ Sr. Comm. Services Officer 37.7108$ 39.5963$ 41.5761$ 43.6549$ 45.8376$ Senior Accounting Specialist 37.1478$ 39.0052$ 40.9555$ 43.0033$ 45.1535$ Building Permit Technician I 36.6047$ 38.4349$ 40.3566$ 42.3744$ 44.4931$ Administrative Assistant I 36.5841$ 38.4133$ 40.3340$ 42.3507$ 44.4682$ Police Records Specialist 35.9667$ 37.7650$ 39.6533$ 41.6360$ 43.7178$ Code Enforcement Officer I 35.7448$ 37.5320$ 39.4086$ 41.3790$ 43.4480$ Accounting Specialist 35.3789$ 37.1478$ 39.0052$ 40.9555$ 43.0033$ Building Services Coordinator 35.3044$ 37.0696$ 38.9231$ 40.8693$ 42.9128$ Office Assistant II 32.3380$ 33.9549$ 35.6526$ 37.4352$ 39.3070$ Office Assistant I 29.3315$ 30.7981$
FCPOA
Police Sergeant 70.7665$ 74.3048$ 78.0200$ 81.9210$ 86.0170$ Police Corporal 64.6590$ 67.8920$ 71.2866$ 74.8509$ 78.5934$ Police Dispatch Supervisor 59.3881$ 62.3575$ 65.4754$ 68.7492$ 72.1867$ Police Officer 58.4381$ 61.3600$ 64.4280$ 67.6494$ 71.0319$ Lead Police Dispatcher 54.4003$ 57.1203$ 59.9763$ 62.9751$ 66.1239$ Police Officer Recruit 53.0050$ 55.6552$
Police/Fire Dispatcher 49.3427$ 51.8098$ 54.4003$ 57.1203$ 59.9763$ Hourly / Part-Time / Seasonal
Building Services Coordinator Assistant 19.53$ 20.21$ 20.92$ 21.65$ 22.41$ Recreation Leader III 19.53$ 20.21$ 20.92$ 21.65$ 22.41$ Recreation Leader II 18.22$ 18.86$ 19.51$ 20.20$ 20.92$ Building Serv. Assistant 17.00$ 17.60$ 18.21$ 18.85$ 19.51$ Clerical Assistant 17.00$ 17.60$ 18.21$ 18.85$ 19.51$ Recreation Leader I 17.00$ 17.60$ 18.21$ 18.85$ 19.51$ Department Intern 17.00$ 30.00$
Videographer 20.00$ 30.00$
Hourly

Page 2 ends

6.7 Attachment 4 - City/District Pay Plan for FY 2024-2025 Effective July 1, 2024

107

Exhibit ACity of Foster City / Estero Municipal Improvement District FY 2023-2024 Pay Plan
Effective January 1, 2024
Hourly
Position Step 1 Step 2 Step 3 Step 4 Step 5
Monthly
Executive Management
City Manager 26,338.10$
Chief of Police 19,659.45 20,642.42 21,674.54 22,758.27 23,896.18 Assistant City Manager 19,659.45 20,642.42 21,674.54 22,758.27 23,896.18 Director of Public Works 18,040.10 18,942.11 19,889.22 20,883.69 21,927.86 Deputy City Manager 18,040.10 18,942.11 19,889.22 20,883.69 21,927.86 Community Development Director 17,609.77 18,490.25 19,414.75 20,385.49 21,404.76 Finance Director 17,609.77 18,490.25 19,414.75 20,385.49 21,404.76 Administrative Services Director 17,609.77 18,490.25 19,414.75 20,385.49 21,404.76 Parks & Recreation Director 17,609.77 18,490.25 19,414.75 20,385.49 21,404.76 Communications Director / City Clerk 16,804.81 17,645.04 18,527.29 19,453.65 20,426.33 Other Management - Exempt
Police Captain 16,547.61 17,375.00 18,243.75 19,155.93 20,113.74 Engineering Manager 14,566.48 15,294.81 16,059.56 16,862.54 17,705.67 Police Lieutenant 14,389.06 15,108.51 15,863.93 16,657.13 17,489.97 Assistant Finance Director 13,931.29 14,627.84 15,359.24 16,127.19 16,933.56 Chief Building Official 13,351.78 14,019.37 14,720.33 15,456.34 16,229.17 Economic Development Manager 13,191.46 13,851.03 14,543.59 15,270.77 16,034.30 Information Technology Manager 13,191.46 13,851.03 14,543.59 15,270.77 16,034.30 Human Resources Manager 13,191.46 13,851.03 14,543.59 15,270.77 16,034.30 Planning Manager 12,889.71 13,534.20 14,210.91 14,921.45 15,667.53 Principal Management Analyst 12,485.95 13,110.24 13,765.75 14,454.04 15,176.74 Financial Services Manager 12,155.92 12,763.71 13,401.89 14,071.98 14,775.57 Senior Civil Engineer 12,094.18 12,698.89 13,333.82 14,000.51 14,700.54 Public Works Maintenance Manager 11,917.57 12,513.45 13,139.13 13,796.09 14,485.88 Building/Fleet Maintance Manager 11,321.77 11,887.86 12,482.25 13,106.37 13,761.70 Parks Maintenance Manager 11,083.45 11,637.63 12,219.51 12,830.50 13,472.02 Recreation Manager 10,908.61 11,454.04 12,026.73 12,628.06 13,259.46 Senior Management Analyst 10,857.15 11,400.01 11,970.02 12,568.52 13,196.94 Senior Planner 10,574.25 11,102.97 11,658.12 12,241.03 12,853.08 Associate Civil Engineer 10,516.81 11,042.65 11,594.79 12,174.53 12,783.26 Senior Human Resources Analyst 10,389.10 10,908.56 11,453.99 12,026.68 12,628.01 Public Works Maintenance Superintendent 10,129.36 10,635.82 11,167.61 11,725.98 12,312.28 Sr. Systems Analyst 9,970.64 10,469.16 10,992.61 11,542.23 12,119.35 Senior Accountant 9,803.58 10,293.76 10,808.46 11,348.88 11,916.32 Communications Manager 9,506.97 9,982.32 10,481.43 11,005.51 11,555.79 Assistant Engineer 9,464.99 9,938.24 10,435.15 10,956.90 11,504.74 Management Analyst 9,440.96 9,913.02 10,408.67 10,929.10 11,475.55 Associate Planner 9,194.92 9,654.67 10,137.40 10,644.28 11,176.50 Human Resources Analyst 9,033.77 9,485.46 9,959.73 10,457.72 10,980.61 Parks Maintenance Supervisor 8,853.75 9,296.44 9,761.26 10,249.32 10,761.79 Technology Analyst II 8,813.46 9,254.13 9,716.84 10,202.68 10,712.81 Fleet Supervisor 8,749.29 9,186.75 9,646.09 10,128.39 10,634.80 Accountant II 8,524.55 8,950.78 9,398.32 9,868.25 10,361.66 Assistant Planner 8,275.11 8,688.85 9,123.30 9,579.46 10,058.43 Technology Analyst I 7,762.46 8,150.58 8,558.11 8,986.02 9,435.31 Accountant I 7,672.43 8,056.05 8,458.86 8,881.81 9,325.91 Management Assistant 6,455.99 6,778.79 7,117.73 7,473.61 7,847.29

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6.7 Attachment 5 - City/District Pay Plan for FY 2023-2024 Effective January 1, 2024

108

Exhibit ACity of Foster City / Estero Municipal Improvement District FY 2023-2024 Pay Plan
Effective January 1, 2024
Hourly
Position Step 1 Step 2 Step 3 Step 4 Step 5
Other Management - Non-Exempt
Deputy City Clerk 43.8784 46.0723 48.3759 50.7947 53.3344 Police Records Supervisor 49.8726 52.3662 54.9845 57.7337 60.6204 Housing Coordinator 54.4671 57.1905 60.0500 63.0525 66.2051 Human Resources Technician 40.8812 42.9253 45.0716 47.3252 49.6915 AFSCME - Maintenance Unit
Public Works Lead Maintenance Worker 42.1107$ 44.2162$ 46.4270$ 48.7483$ 51.1857$ Mechanic I 41.8879$ 43.9823$ 46.1814$ 48.4905$ 50.9150$ Building Lead Maintenance Worker 41.3424$ 43.4095$ 45.5800$ 47.8590$ 50.2519$ Parks Lead Maintenance Worker 41.3424$ 43.4095$ 45.5800$ 47.8590$ 50.2519$ Irrigation Technician 41.3424$ 43.4095$ 45.5800$ 47.8590$ 50.2519$ Building Maintenance Worker II 39.1568$ 41.1146$ 43.1703$ 45.3288$ 47.5952$ Public Works Maintenance Worker II 38.1956$ 40.1054$ 42.1107$ 44.2162$ 46.4270$ Parks Maintenance Worker II 37.4988$ 39.3737$ 41.3424$ 43.4095$ 45.5800$ Equipment Maintenance Worker 37.0669$ 38.9202$ 40.8662$ 42.9095$ 45.0550$ Building Maintenance Worker I 35.3045$ 37.0697$ 38.9232$ 40.8694$ 42.9129$ Public Works Maintenance Worker I 34.6446$ 36.3768$ 38.1956$ 40.1054$ 42.1107$ Parks Maintenance Worker I 34.0125$ 35.7131$ 37.4988$ 39.3737$ 41.3424$ Public Works Maintenance Worker 31.4236$ 32.9948$
Parks Maintenance Worker 30.8504$ 32.3929$
AFSCME - General Unit
Plans Examiner 60.3602$ 63.3782$ 66.5471$ 69.8745$ 73.3682$ Sr. Bldg Inspector 54.7484$ 57.4858$ 60.3601$ 63.3781$ 66.5470$ Building Inspector 49.6584$ 52.1413$ 54.7484$ 57.4858$ 60.3601$ Code Enforcement Officer II 46.7780$ 49.1169$ 51.5727$ 54.1513$ 56.8589$ Sr. Engineering Technician 44.0526$ 46.2552$ 48.5680$ 50.9964$ 53.5462$ Recreation Coordinator II 43.5227$ 45.6988$ 47.9837$ 50.3829$ 52.9020$ Social Media / Communication Assistant 41.3790$ 43.4479$ 45.6203$ 47.9013$ 50.2964$ Building Permit Technician II 40.7761$ 42.8149$ 44.9556$ 47.2034$ 49.5636$ Administrative Assistant II 40.3340$ 42.3507$ 44.4682$ 46.6916$ 49.0262$ Recreation Coordinator I 39.4764$ 41.4502$ 43.5227$ 45.6988$ 47.9837$ Sr. Comm. Services Officer 37.7108$ 39.5963$ 41.5761$ 43.6549$ 45.8376$ Senior Accounting Specialist 37.1478$ 39.0052$ 40.9555$ 43.0033$ 45.1535$ Building Permit Technician I 36.6047$ 38.4349$ 40.3566$ 42.3744$ 44.4931$ Administrative Assistant I 36.5841$ 38.4133$ 40.3340$ 42.3507$ 44.4682$ Police Records Specialist 35.9667$ 37.7650$ 39.6533$ 41.6360$ 43.7178$ Code Enforcement Officer I 35.7448$ 37.5320$ 39.4086$ 41.3790$ 43.4480$ Accounting Specialist 35.3789$ 37.1478$ 39.0052$ 40.9555$ 43.0033$ Building Services Coordinator 35.3044$ 37.0696$ 38.9231$ 40.8693$ 42.9128$ Office Assistant II 32.3380$ 33.9549$ 35.6526$ 37.4352$ 39.3070$ Office Assistant I 29.3315$ 30.7981$
FCPOA
Police Sergeant 68.1757$ 71.5845$ 75.1637$ 78.9219$ 82.8680$ Police Corporal 62.2919$ 65.4065$ 68.6768$ 72.1106$ 75.7161$ Police Dispatch Supervisor 57.2142$ 60.0749$ 63.0786$ 66.2325$ 69.5441$ Police Officer 56.2988$ 59.1137$ 62.0694$ 65.1729$ 68.4315$ Lead Police Dispatcher 52.4087$ 55.0291$ 57.7806$ 60.6696$ 63.7031$ Police Officer Recruit 51.0645$ 53.6177$
Police/Fire Dispatcher 47.5362$ 49.9130$ 52.4087$ 55.0291$ 57.7806$ Hourly / Part-Time / Seasonal
Building Services Coordinator Assistant 19.53$ 20.21$ 20.92$ 21.65$ 22.41$ Recreation Leader III 19.53$ 20.21$ 20.92$ 21.65$ 22.41$ Recreation Leader II 18.22$ 18.86$ 19.51$ 20.20$ 20.92$ Building Serv. Assistant 17.00$ 17.60$ 18.21$ 18.85$ 19.51$ Clerical Assistant 17.00$ 17.60$ 18.21$ 18.85$ 19.51$ Recreation Leader I 17.00$ 17.60$ 18.21$ 18.85$ 19.51$ Department Intern 17.00$ 30.00$
Videographer 20.00$ 30.00$
Hourly

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6.7 Attachment 5 - City/District Pay Plan for FY 2023-2024 Effective January 1, 2024

109

Exhibit ACity of Foster City / Estero Municipal Improvement District FY 2023-2024 Pay Plan
Effective July 1, 2023
Hourly
Position Step 1 Step 2 Step 3 Step 4 Step 5
Monthly
Executive Management
City Manager 26,338.10$
Chief of Police 19,659.45 20,642.42 21,674.54 22,758.27 23,896.18 Assistant City Manager 19,659.45 20,642.42 21,674.54 22,758.27 23,896.18 Director of Public Works 18,040.10 18,942.11 19,889.22 20,883.69 21,927.86 Deputy City Manager 18,040.10 18,942.11 19,889.22 20,883.69 21,927.86 Community Development Director 17,609.77 18,490.25 19,414.75 20,385.49 21,404.76 Finance Director 17,609.77 18,490.25 19,414.75 20,385.49 21,404.76 Administrative Services Director 17,609.77 18,490.25 19,414.75 20,385.49 21,404.76 Parks & Recreation Director 17,609.77 18,490.25 19,414.75 20,385.49 21,404.76 Communications Director / City Clerk 16,804.81 17,645.04 18,527.29 19,453.65 20,426.33 Other Management - Exempt
Police Captain 16,547.61 17,375.00 18,243.75 19,155.93 20,113.74 Engineering Manager 14,566.48 15,294.81 16,059.56 16,862.54 17,705.67 Police Lieutenant 14,389.06 15,108.51 15,863.93 16,657.13 17,489.97 Assistant Finance Director 13,931.29 14,627.84 15,359.24 16,127.19 16,933.56 Chief Building Official 13,351.78 14,019.37 14,720.33 15,456.34 16,229.17 Economic Development Manager 13,191.46 13,851.03 14,543.59 15,270.77 16,034.30 Information Technology Manager 13,191.46 13,851.03 14,543.59 15,270.77 16,034.30 Human Resources Manager 13,191.46 13,851.03 14,543.59 15,270.77 16,034.30 Planning Manager 12,889.71 13,534.20 14,210.91 14,921.45 15,667.53 Principal Management Analyst 12,485.95 13,110.24 13,765.75 14,454.04 15,176.74 Financial Services Manager 12,155.92 12,763.71 13,401.89 14,071.98 14,775.57 Senior Civil Engineer 12,094.18 12,698.89 13,333.82 14,000.51 14,700.54 Public Works Maintenance Manager 11,917.57 12,513.45 13,139.13 13,796.09 14,485.88 Building/Fleet Maintance Manager 11,321.77 11,887.86 12,482.25 13,106.37 13,761.70 Parks Maintenance Manager 11,083.45 11,637.63 12,219.51 12,830.50 13,472.02 Recreation Manager 10,908.61 11,454.04 12,026.73 12,628.06 13,259.46 Senior Management Analyst 10,857.15 11,400.01 11,970.02 12,568.52 13,196.94 Senior Planner 10,574.25 11,102.97 11,658.12 12,241.03 12,853.08 Associate Civil Engineer 10,516.81 11,042.65 11,594.79 12,174.53 12,783.26 Senior Human Resources Analyst 10,389.10 10,908.56 11,453.99 12,026.68 12,628.01 Public Works Maintenance Superintendent 10,129.36 10,635.82 11,167.61 11,725.98 12,312.28 Sr. Systems Analyst 9,970.64 10,469.16 10,992.61 11,542.23 12,119.35 Senior Accountant 9,803.58 10,293.76 10,808.46 11,348.88 11,916.32 Communications Manager 9,506.97 9,982.32 10,481.43 11,005.51 11,555.79 Assistant Engineer 9,464.99 9,938.24 10,435.15 10,956.90 11,504.74 Management Analyst 9,440.96 9,913.02 10,408.67 10,929.10 11,475.55 Associate Planner 9,194.92 9,654.67 10,137.40 10,644.28 11,176.50 Human Resources Analyst 9,033.77 9,485.46 9,959.73 10,457.72 10,980.61 Technology Analyst II 8,813.46 9,254.13 9,716.84 10,202.68 10,712.81 Accountant II 8,524.55 8,950.78 9,398.32 9,868.25 10,361.66 Assistant Planner 8,275.11 8,688.85 9,123.30 9,579.46 10,058.43 Technology Analyst I 7,762.46 8,150.58 8,558.11 8,986.02 9,435.31 Accountant I 7,672.43 8,056.05 8,458.86 8,881.81 9,325.91 Management Assistant 6,455.99 6,778.79 7,117.73 7,473.61 7,847.29

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Foster City City CouncilOctober 7, 2024

Foster City City Council
October 7, 2024