Agenda packet — Foster City City Council, November 4, 2024 (part 1 of 2)

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

To Attend the Meeting in Person:

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

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

To Observe the Meeting via Teleconference/Video Conference:

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

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

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

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

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

AGENDA
Monday, November 04, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

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

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

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

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

5.1. City/EMID Regular Meeting Minutes of October 7, 2024

5.2. City/EMID Regular Meeting Minutes of October 21, 2024

5.3. An Ordinance of the City of Foster City Amending Title 17, “Zoning,” by Adding a New Chapter 17.79, TwoUnit Developments and Urban Lot Splits, in Accordance with California Senate Bill 9 (SB 9) and Finding That the Proposed Amendments to Title 17 are “Not a Project” Under California Environmental Quality Act (CEQA) Pursuant to Government Code Sections 65852.21(J) and 66411.7(N) RZ20240010 (First Reading October 21, 2024)
a) Adopt Ordinance

5.4. A Resolution of the City Council of the City of Foster City Denying an Appeal and Upholding a Decision of the Planning Commission Approving an Architectural Review Request to Relocate and Construct an Additional Driveway on a Site Which Contains a Shared Driveway, Add Six New Skylights, Expand an Existing Covered Patio in the Rear, and Construct a Total of 770 Square Foot (SF) Addition to the Front and Rear Elevation of the SingleStory SingleFamily Residence Located at 106 Challenge Court and Find that the Project is Exempt from the California Environmental Quality Act (CEQA) Under CEQA Guidelines Section 15301(Existing Facilities) – APN 094042230 – AR20230004
a) Staff Report
b) Adopt Resolution

5.5. A Resolution of the City Council of the City of Foster City Approving and Authorizing the Issuance of the Request for Proposals (RFP) for Professional Services for the Foster City Bicycle and Pedestrian Master Plan Project (BPMP) and Authorizing the Initiation of the Consultant Selection Process a) Staff Report
b) Adopt Resolution

5.6. A Resolution of the City Council of the City of Foster City Authorizing the Award of an Agreement to Thermal Mechanical Inc. in the Amount of $28,277 Annually for Citywide Heating, Ventilation and Air Conditioning (HVAC) System Programmed Maintenance and System Repair from January 1, 2025, Through December 31, 2027, with the Option to Extend Through December 31, 2029 and Authorizing Time and Materials Rates for Unforseen Repairs, Not to Exceed $60,000, or Any Future Limit that May Be Adopted by City Council, for Each Single Repair for an Amount Not to Exceed $150,000 Annually; and Finding that this Action is Not Subject to Review Under the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15301(Class 1Existing Facilities)
a) Staff Report
b) Adopt Resolution

5.7. a) A Resolution of the City Council of the City of Foster City Authorizing the Overhire of a Principal Management Analyst Position; and b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Overhire of a Principal Management Analyst Position
c) Staff Report
d) Adopt Resolutions

5.8. A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing Contract Amendment No. One (1) in the Amount of $596,290 to the Agreement with Freyer & Laureta, Inc., Dated October 10, 2024, for Professional Engineering Services for the Emergency Generator Replacements Project (CIP 455705); and Finding Project Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15032 (Class 2Existing Facilities) a) Staff Report
b) Adopt Resolution

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

6.1. A Public Hearing to Hear and Receive Community Input and Provide Direction to Staff Regarding the Submitted Draft Maps and Sequence of Elections for DistrictBased Council Elections
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – Conduct the third public hearing to receive community input and provide direction to staff regarding the review of the submitted draft maps and sequence of elections for districtbased council elections

7. REPORTS

7.1. Discuss and Provide Direction on Whether City Council Desires to Adopt a Policy Requiring Project Labor Agreements
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

7.2. Fiscal Year 202324 4th Quarter Financial Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on October 4, 2024, and October 14, 2024, and ACH were processed on October 4, 2024 a) Information Item Only
b) No Action Required

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

10. 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, November 04, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

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

5.1. City/EMID Regular Meeting Minutes of October 7, 2024

5.2. City/EMID Regular Meeting Minutes of October 21, 2024

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

7. REPORTS

7.1. Discuss and Provide Direction on Whether City Council Desires to Adopt a Policy Requiring Project Labor Agreements
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

7.2. Fiscal Year 202324 4th Quarter Financial Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on October 4, 2024, and October 14, 2024, and ACH were processed on October 4, 2024 a) Information Item Only
b) No Action Required

10. 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, November 04, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

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

5.1. City/EMID Regular Meeting Minutes of October 7, 2024

5.2. City/EMID Regular Meeting Minutes of October 21, 2024

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

7. REPORTS

7.1. Discuss and Provide Direction on Whether City Council Desires to Adopt a Policy Requiring Project Labor Agreements
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

7.2. Fiscal Year 202324 4th Quarter Financial Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on October 4, 2024, and October 14, 2024, and ACH were processed on October 4, 2024 a) Information Item Only
b) No Action Required

10. 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, November 04, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

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

5.1. City/EMID Regular Meeting Minutes of October 7, 2024

5.2. City/EMID Regular Meeting Minutes of October 21, 2024

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

7. REPORTS

7.1. Discuss and Provide Direction on Whether City Council Desires to Adopt a Policy Requiring Project Labor Agreements
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

7.2. Fiscal Year 202324 4th Quarter Financial Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on October 4, 2024, and October 14, 2024, and ACH were processed on October 4, 2024 a) Information Item Only
b) No Action Required

10. 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, November 04, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

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

5.1. City/EMID Regular Meeting Minutes of October 7, 2024

5.2. City/EMID Regular Meeting Minutes of October 21, 2024

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

7. REPORTS

7.1. Discuss and Provide Direction on Whether City Council Desires to Adopt a Policy Requiring Project Labor Agreements
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

7.2. Fiscal Year 202324 4th Quarter Financial Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on October 4, 2024, and October 14, 2024, and ACH were processed on October 4, 2024 a) Information Item Only
b) No Action Required

10. 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, November 04, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

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

5.1. City/EMID Regular Meeting Minutes of October 7, 2024

5.2. City/EMID Regular Meeting Minutes of October 21, 2024

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

7. REPORTS

7.1. Discuss and Provide Direction on Whether City Council Desires to Adopt a Policy Requiring Project Labor Agreements
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

7.2. Fiscal Year 202324 4th Quarter Financial Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on October 4, 2024, and October 14, 2024, and ACH were processed on October 4, 2024 a) Information Item Only
b) No Action Required

10. 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 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF OCTOBER 7, 2024

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of October 7, 2024 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Patrick Sullivan.

This meeting was held as a hybrid meeting.

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Denise Bazzano, Assistant City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Diane Pitman, Administrative Services Director; Derek Schweigart, Parks and Recreation Director; Andrew Brozyna, Public Works Director; Sofia Mangalam, Community Development Director; Waqas Hassan, Assistant Finance Director; Cory Call, Police Captain; Rob Lasky, IT Manager; Nori Jabba, Housing Coordinator; Katherine Estrada, Deputy City Clerk; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

SPECIAL PRESENTATIONS
PROCLAMATION DECLARING OCTOBER 6-12, 2024 AS “FIRE PREVENTION WEEK.” Councilmember Froomin presented the proclamation declaring October 6-12, 2024 as “Fire Prevention Week” to Deputy Fire Marshal Melinda Martin, representing the San Mateo Consolidated Fire Department.

PROCLAMATION RECOGNIZING OCTOBER 14, 2024 AS “INDIGENOUS PEOPLES’ DAY.”

5.1 5.1 Minutes

7 Councilmember Hindi presented the proclamation recognizing October 14, 2024 as “Indigenous Peoples’ Day” to Gloria Gutierrez, representing the Native Indigenous Peoples’ Initiative of San Mateo County.

PUBLIC
Assistant City Attorney/District Legal Counsel Bazzano stated as a reminder to the City Council and public that public comments on non-agendized items must address matters within the subject matter jurisdiction of the City, and comments on agendized must relate to the specific items being discussed.

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

City/EMID Consent Calendar

1. City Ordinance No. 682, “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);”

2. City Resolution No. 2024-102, “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;”

3. City Resolution No. 2024-103, “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);”

4. City Resolution No. 2024-104, “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 301-678);”

5. City Resolution No. 2024-105, “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. 001-0220-414-42-51 for Costs Associated with the City’s Transition to District-Based Elections;”

5.1 5.1 Minutes

8 6. City Resolution No. 2024-106, “A Resolution of the City Council of the City of Foster City Approving and Adopting the Pay Plans for Fiscal Year 2024-2025; Fiscal Year 2024-2023; and Fiscal Year 2022-2023;”

7. EMID Resolution No. 3777, “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;” and

8. EMID Resolution No. 3778, “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 455-695) and the Establishment of a Construction Contingency in the Amount of $130,000; the Execution of a Task Order CON-2024-01 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.”

ITEM PULLED FROM CONSENT CALENDAR

RECREATION CENTER SURPLUS OFFICE FURNITURE AND EQUIPMENT DONATIONS TO LOCAL NON-PROFIT ORGANIZATIONS. CITY RESOLUTION NO. 2024-107.

Without objection from the City Council, Mayor Sullivan pulled this item from the consent calendar at the request of Councilmember Kiesel.

Parks and Recreation Director Schweigart presented the staff report.

Discussion ensued.

Motion by Councilmember Kiesel, seconded by Councilmember Froomin, and carried unanimously, 5-0-0, adopting City Resolution No. 2024-107, “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.”

REPORTS

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.

MINUTE ORDER NO. 1996. TAKEN OUT OF AGENDA ORDER.

Assistant City Attorney Bazzano presented the staff report.

5.1 5.1 Minutes

9 Discussion ensued.

Motion by Councilmember Hindi, seconded by Mayor Sullivan, adopting Minute Order No. 1996, directing staff in January of each year to provide the City Council a comprehensive list including term expiration dates of the County Board, Commission, and Committee positions appointed by the San Mateo County Council of Cities/Selection Committee and City/County Associations of Governments (C/CAG) that will be vacant within that year.

PUBLIC HEARINGS
COMPOSITION OF VOTING DISTRICTS AND NUMBER OF DISTRICTS. NO ACTION TAKEN. (TO START AT A TIME CERTAIN OF 7:00 P.M.)
Communications Director/City Clerk Schaus introduced Paul Mitchell, representing Redistricting Partners, who presented the staff report.

Mayor Sullivan opened a public hearing to hear and consider community input regarding the composition of voting districts and number of districts.

Evan Adams addressed the City Council via teleconference.

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

Discussion ensued.

RECESS. The meeting recessed at 8:31 p.m. and reconvened at 8:36 p.m.

STUDY SESSION
Mayor Sullivan recessed the meeting into Study Session.

UPDATE ON REACH CODES. MINUTE ORDER NO. 1997.

Community Director Mangalam presented the staff report.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting Minute Order No. 1997, directing staff to bring this item back at a future meeting for City Council’s consideration once the 2025 Building Codes have been approved by the State of California.

RENTAL REGISTRY PROGRAM. MINUTE ORDER NO. 1998.

Housing Coordinator Jabba presented the staff report.

5.1 5.1 Minutes

10 The following addressed the City Council via teleconference:

1. Dustin Reilich, representing Deckard Technologies; and

2. Evan Adams.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Mayor Sullivan, and carried, 4-1-0, Vice Mayor Jimenez voted “no,” adopting Minute Order No. 1998, directing staff to establish a mandate to expand the provisions of the existing Below Market Rate (BMR) Compliance software for BMR units to provide for additional data collection and analysis.

Meeting recessed into Study Session at 9:16 p.m. and reconvened at 10:37 p.m.

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

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.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
Councilmember/Director Kiesel stated he attended the Traffic Review Committee meeting on September 26, where they discussed Assembly Bill No. 413.

Councilmember/Director Hindi stated he attended the Peninsula Clean Energy Board meeting on September 26. On October 2, he attended the SFO Airport/Community Roundtable meeting.

Councilmember/Director Froomin stated he attended the Bowditch Middle School ribbon- cutting ceremony on September 17. On September 19, he attended the San Mateo Operational Area Emergency Services Organization (Emergency Services Council) meeting. On September 22, he led the Foster City Community Bike Ride alongside Vice Mayor/Vice President Jimenez. On September 23, he attended the San Mateo Consolidated Fire Board meeting and reported that the Fire Chief will be retiring at the end of the year. On September 27, he attended the Council of Cities in Menlo Park. He attended the 2024 Sports Wall of Fame Induction Ceremony at Sea Cloud Park on September 28. On October 5, he attended the San Mateo Consolidated Fire Open House.

He wished a Happy New Year to Jewish residents and requested to schedule the discussion of City Council Liaisons for the regular City Council meeting on December 16.

Without receiving support from two other Councilmembers, he withdrew his request.

Vice Mayor/Vice President Jimenez stated she attended the Caltrain Electric Service Launch Party on September 22. On September 24, she attended the badge pinning ceremony for the San Mateo Consolidated Fire Department. On September 25, she

5.1 5.1 Minutes

11 attended a climate change briefing at Skyline College. On September 27, she attended a briefing regarding various efforts in San Mateo County to combat homelessness. She attended the City/County Association of Governments (C/CAG) Congestion Management and Environmental Quality (CMEQ) committee meeting on September 30. On October 1, she attended the San Mateo County City Selection Committee meeting as the mayor’s alternate. On October 5, she attended the San Mateo Consolidated Fire Department Open House. She reminded the public to please vote and encouraged them to attend the City Council Candidate Forum on October 14 in the Council Chambers.

Mayor/President Sullivan stated he attended the Bowditch Middle School ribbon-cutting ceremony on September 17. He thanked Councilmember/Director Froomin for attending the Emergency Services Council meeting as his alternate. On September 24, he attended the San Mateo Consolidated Fire Department badge pinning ceremony. On September 26, he attended the San Mateo-Foster City School District Educator Housing Task Force meeting. On September 27, he attended the Council of Cities meeting in Menlo Park. He attended the 2024 Sports Wall of Fame Induction Ceremony at Sea Cloud Park on September 28. He met with students from Brewer Island Elementary School for their “Meet the Mayor” visit/City educational tour on October 2.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 10:50 p.m.

5.1 5.1 Minutes

12 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF OCTOBER 21, 2024

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of October 21, 2024 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Patrick Sullivan.

This meeting was held as a hybrid meeting.

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Diane Pitman, Administrative Services Director; Derek Schweigart, Parks and Recreation Director; Andrew Brozyna, Public Works Director; Sofia Mangalam, Community Development Director; Waqas Hassan, Assistant Finance Director; Cory Call, Police Captain; Rob Lasky, IT Manager; Helen Gannon, Senior Planner; Austin Walsh, Communications Manager; Katherine Estrada, Deputy City Clerk; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

SPECIAL PRESENTATIONS
PROCLAMATION RECOGNIZING OCTOBER 2024 AS “DOMESTIC VIOLENCE AWARENESS MONTH.”
Vice Mayor Jimenez presented the proclamation recognizing October 2024 as “Domestic Violence Awareness Month” to Karen Ferguson, CEO representing CORA (Community Overcoming Relationship Abuse).

PRESENTATION OF CERTIFICATES TO CIVICS ACADEMY CLASS OF 2024.

5.2 5.2 Minutes

13 Mayor Sullivan presented the Certificates of Recognition to the Civics Academy Class of 2024.

CONSENT CALENDAR
Motion by Mayor/President Sullivan, seconded by Vice Mayor/Vice President Jimenez, and carried unanimously, 5-0-0, approving the following items on the City/District Consent Calendar:

City/EMID Consent Calendar

1. City/EMID Special Meeting Minutes of August 14, 2024;

2. City/EMID Regular Meeting Minutes of August 19, 2024;

3. City/EMID Regular Meeting Minutes of September 3, 2024;

4. City/EMID Special Meeting Minutes of September 16, 2024;

5. City/EMID Regular Meeting Minutes of September 16, 2024;

6. City Resolution No. 2024-107, “A Resolution of the City Council of the City of Foster City Approving Plans and Specifications and Authorizing the Calls for Bids for Median and Easement Maintenance and for Cul-De-Sac, Walkways, Island Bridges, and Easement Maintenance from January 1, 2025, and Ending December 31, 2027, with Optional Extensions Through December 31, 2029;”

7. City Resolution No. 2024-108, “A Resolution of the City Council of the City of Foster City Approving the Plans and Specifications, Authorizing the Call for Bids for CIP 301-700 Fuel Systems Improvements (2021-2022) and Finding That the Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA) Guideline 15301(B) – Existing Facilities”; and

8. EMID Resolution No. 3779, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Plans and Specifications, Authorizing the Call for Bids for CIP 301-700 Fuel Systems Improvements (2021- 2022) and Finding That the Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA) Guideline 15301(B) – Existing Facilities.”

PUBLIC HEARINGS
AMEND TITLE 17, “ZONING,” BY ADDING A NEW CHAPTER 17.79, TWO-UNIT

DEVELOPMENTS AND URBAN LOT SPLITS, IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9 (SB 9).

Community Development Director Mangalam presented the staff report.

Mayor Sullivan opened the public hearing to hear and receive comments regarding Amending Title 17, “Zoning,” by Adding a New Chapter 17.79, Two- Unit Developments and Urban Lot Splits, in Accordance with California Senate Bill 9 (SB 9).

5.2 5.2 Minutes

14 James Floyd with the California Housing Defense Fund addressed the City Council via email.

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

Discussion ensued.

Motion by Mayor Sullivan, seconded by Councilmember Froomin, and carried unanimously by roll call vote, 5-0-0, to introduce ordinance by title only, waive further reading and pass to second reading, “An Ordinance of the City of Foster City Amending Title 17, “Zoning,” by Adding a New Chapter 17.79, Two-Unit Developments and Urban Lot Splits, in Accordance with California Senate Bill 9 (SB 9) and Finding That the Proposed Amendments to Title 17 Are “Not a Project” Under California Environmental Quality Act (CEQA) Pursuant to Government Code Sections 65852.21(J) and 66411.7(N) Rz2024-0010.”
COMPOSITION OF VOTING DISTRICTS AND NUMBER OF DISTRICTS. NO ACTION TAKEN. (TO START AT A TIME CERTAIN OF 7:00 P.M.)
Communications Director/City Clerk Schaus introduced Liz Stitt, representing Redistricting Partners, who presented the staff report.

Mayor Sullivan opened a public hearing to hear and consider community input regarding the composition of voting districts and number of districts.

Sue Lee and Brian Lee addressed the City Council via email.

Charlie Bronitsky addressed the City Council in person.

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

Discussion ensued.

RECESS. The meeting recessed 8:19 p.m. and reconvened at 8:25 p.m.

NEW BUSINESS
APPEAL OF THE DECISION OF THE PLANNING COMMISSION APPROVING A 770

SQUARE FEET ADDITION TO AN EXISTING SINGLE-STORY SINGLE-FAMILY HOME

INCLUDING CONSTRUCTING AN ADDITIONAL DRIVEWAY ON THE SITE AND

MODIFYING THE EXISTING SHARED DRIVEWAY AND OTHER SITE
IMPROVEMENTS LOCATED AT 106 CHALLENGE COURT IN NEIGHBORHOOD 1 – AR2023-0004; AND FINDING THAT THE PROJECT IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES). MINUTE ORDER NO. 1999.

5.2 5.2 Minutes

15 Mayor Sullivan, Councilmember Kiesel, Councilmember Hindi, Vice Mayor Jimenez, and Councilmember Froomin disclosed they had all separately met with the applicants residing at 106 Challenge Court prior to the meeting. Councilmember Kiesel also disclosed that he met with the appellants residing at 104 Challenge Court prior to the meeting.

Community Development Director Mangalam and Senior Planner Gannon presented the staff report. Communications Director/City Clerk Schaus stated that both the appellant and applicant would each have 10 minutes to present their statements.

Charlie Bronitsky, representing the appellants Nancy E Harmon and William H Borter, addressed the City Council.

The applicant Kirti Patel addressed the City Council.

Motion by Councilmember Froomin, seconded by Councilmember Hindi, and carried unanimously, 5-0-0, to allow the appellant an additional 2 minutes for a rebuttal.

The following people addressed the City Council via email:

1. Charlie Bronitsky; and

2. Kirti Patel.

The following people addressed the City Council in person:

1. Eli Morowitz;

2. Joe Beckner; and

3. Phoebe Venkat.

Kalagee Shah addressed the City Council via teleconference.

Charlie Bronitsky, representing the appellant, provided a rebuttal.

The applicant Kirti Patel provided a rebuttal.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Mayor Sullivan, and carried, 4-1-0, Councilmember Kiesel voted “no,” adopting Minute Order No. 1999, directing staff to deny the appeal and uphold/approve the decision of the Planning Commission to approve an Architectural Review Permit AR2023-0004 by Resolution No. P-19-24 and return to a future City Council meeting with an appropriate resolution for adoption.

RESOLUTIONS FOR ADOPTION
ESTABLISH A SECTION 115 IRREVOCABLE TRUST TO ADDRESS THE CITY’S UNFUNDED LIABILITIES FOR OTHER POST-EMPLOYMENT BENEFITS (OPEB).

CITY RESOLUTION NO. 2024-109. EMID RESOLUTION NO. 3780.

5.2 5.2 Minutes

16 Assistant Finance Director Hassan and Dennis Yu, representing PARS, presented the staff report.

Ajay Godbole addressed the City Council via teleconference.

Discussion ensued.

Motion by Councilmember/Director Froomin, seconded by Vice Mayor/Vice President Jimenez, and carried unanimously, 5-0-0, adopting City Resolution No. 2024-109, “A Resolution of the City Council of the City of Foster City Approving the Establishment of a Tax-Exempt IRC Section 115 Irrevocable Trust; Selecting the Public Agency Retirement Services (PARS) as the Trust Administrator; Authorizing the City Manager (or Successor/Designee) to Approve the Agreement with PARS, to Be the City’s Plan Administrator and Execute All Necessary Documents to Establish the IRC Section 115 Irrevocable Trust; Approving "Growth" Investment Strategy; Approving the Initial Funding of $286,294; and Approving the Appropriation in Account 508-0460-999-4155 for $286,294” and EMID Resolution No. 3780, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Establishment of a Tax-Exempt IRC Section 115 Irrevocable Trust; Selecting the Public Agency Retirement Services (PARS) as the Trust Administrator; Authorizing the City Manager (or Successor/Designee) to Approve the Agreement with PARS, to Be the City’s Plan Administrator and Execute All Necessary Documents to Establish the IRC Section 115 Irrevocable Trust; Approving "Growth" Investment Strategy; Approving the Initial Funding of $286,294; and Approving the Appropriation in Account 508-0460-999-4155 for $286,294” with amendments to the resolutions establishing the Section 115 Irrevocable Trust for other post-employment benefits (OPEB) obligations only and requiring the City/District Manager (or his/her successor or his/her designee) to consult with the City Council/District Board and seek authorization for any changes in investment and/or funding strategies.

REQUEST FOR PROPOSAL FOR ON-CALL PUBLIC WORKS MAINTENANCE AND URGENT/EMERGENCY RESPONSE SERVICES. CITY RESOLUTION NO. 2024-110.

EMID RESOLUTION NO. 3781.

Public Works Director Brozyna presented the staff report.

Discussion ensued.

Motion by Councilmember/Director Froomin, seconded by Vice Mayor/Vice President Jimenez, and carried unanimously, 5-0-0, adopting City Resolution No. 2024-110, “A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Proposal for On-Call Public Works Maintenance and Urgent/Emergency Response Services; Authorizing the City Manager to Execute Master Service Agreements; and Finding the Action Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Sections 15061(B)(3), 15301 (Class 1- Existing Facilities), 15302 (Class 2 - Replacement or Reconstruction)

5.2 5.2 Minutes

17 and 15269(B) (Emergency Repair)” and EMID Resolution No. 3781, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Issuance of a Request for Proposal for On-Call Public Works Maintenance and Urgent/Emergency Response Services; Authorizing the City Manager to Execute Master Service Agreements; and Finding the Action Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Sections 15061(B)(3), 15301 (Class 1 - Existing Facilities), 15302 (Class 2 - Replacement or Reconstruction) and 15269(B) (Emergency Repair).”

REQUEST FOR PROPOSALS (RFP) FOR PROFESSIONAL ENGINEERING

SERVICES FOR THE WATER MAIN CONDITION ASSESSMENT PROJECT (CIP 405723), AUTHORIZING THE INITIATION OF THE CONSULTANT SELECTION

PROCESS FOR THE RFP, AND FINDING THAT THE PROJECT IS EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). EMID RESOLUTION NO. 3782.

Public Works Director Brozyna presented the staff report.

Discussion ensued.

Motion by Director Froomin, seconded by Vice President Jimenez, and carried unanimously, 5-0-0, adopting EMID Resolution No. 3782, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Issuance of a Request for Proposals (RFP) for Professional Engineering Services for the Water Main Condition Assessment Project (CIP 405723), Authorizing the Initiation of the Consultant Selection Process for the RFP, and Finding That the Project is Exempt Pursuant to the California Environmental Quality Act (CEQA).”
CHANGE TO THE NAME OF THE RECREATION CENTER FROM THE “WILLIAM E.

WALKER RECREATION CENTER” TO THE “FOSTER CITY COMMUNITY CENTER” AND RENAMING THE CURRENT COMMUNITY CENTER. CITY RESOLUTION NO. 2024-111.

Parks and Recreation Director Schweigart presented the staff report.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Mayor Sullivan, and carried, 4-1-0, Councilmember Hindi voted “no,” adopting City Resolution No. 2024-111, “A Resolution of the City Council of the City of Foster City Authorizing a Change to the Name of the Recreation Center From the “William E. Walker Recreation Center” to the “Foster City Community Center” and Renaming the Current Community Center” and renaming the current Community Center the “Community Center Annex.”

COMMUNICATIONS

5.2 5.2 Minutes

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

City/District Warrants of Demands were processed and issued on September 30, 2024.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
Vice Mayor/Vice President Jimenez encouraged the public to vote in the November election and register to vote if they had not already.

Mayor/President Sullivan stated he attended the 2024 League of California Cities (Cal Cities) Conference that was held from October 16 to October 18.

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

1. Conference with Labor Negotiators
Agency designated representatives: Diane Pitman and Richard Bacio Employee organization: AFSCME and POA; and

2. Report Out from Closed Session.

Meeting recessed into Closed Session at 11:15 p.m. and reconvened at 12:12 a.m.

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

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 12:12 a.m.

5.2 5.2 Minutes

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6 ORDINANCE NO.______________
AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING TITLE 17, “ZONING,” BY ADDING A NEW CHAPTER 17.79, TWO-UNIT DEVELOPMENTS AND URBAN LOT SPLITS, IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9 (SB 9) AND FINDING THAT THE PROPOSED AMENDMENTS TO TITLE 17 ARE “NOT A PROJECT” UNDER

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(j) and 66411.7(n) - RZ2024-0010

CITY OF FOSTER CITY
WHEREAS, the Housing Element is an integral part of the Foster City General Plan that serves to identify the community’s housing needs; state the community’s goals and objectives with regard to housing production, rehabilitation, and preservation, and conservation to meet those needs; and define the policies and programs; and WHEREAS, the Housing Element 2023-31 includes the City’s commitment to timeframes for the implementation of Housing Element programs; and WHEREAS, the program H-D-6-f: SB 9 Objective Design Standards requires the City to amend the Zoning and Subdivision regulations to include objective design standards in compliance with Senate Bill 9 (“SB 9”) to allow additional housing units on single-family parcels; and
WHEREAS, SB 9 (Government Code Sections 65852.21 and 66411.7) went into effect on January 1, 2022, and allows property owners within a single-family residential zone to build two primary units and/or to subdivide a lot into two parcels for a maximum of four primary units; and
WHEREAS, on August 15, 2024, the Planning Commission held a study session to allow the public and the Planning Commission to discuss and review the potential future amendments to the City’s Zoning Code for the implementation of SB 9; and WHEREAS, on September 19, 2024, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider the proposed amendment to Title 17, Zoning, by adding a new Chapter 17.79, Two-Unit Developments and Urban Lot Splits, and the associated California Environmental Quality Act (“CEQA”) finding, and after conducting the public hearing, adopted Resolution No. P-22-24 with the Planning Commission recommending that the City Council adopt the new Chapter 17.79 Two-Unit Developments and Urban Lot Splits and CEQA finding; and WHEREAS, the proposed amendments implement SB 9 and are therefore “not a project” under CEQA pursuant to Government Code Sections 65852.21(j) and 66411.7(n); and

5.3 Attachment 1 - Ordinance with Exhibit A

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6 WHEREAS, on October 9, 2024, a Notice of Public Hearing was duly posted for consideration of the amendment to Title 17, Zoning, adding a new Chapter 17.79, and the related CEQA finding, for the City Council public hearing on October 21, 2024; and WHEREAS, on October 21, 2024, the City Council held a duly noticed public hearing where it carefully reviewed and considered the staff report and all attachments thereto, including the Planning Commission’s recommendation regarding the proposed amendment to Title 17 Zoning of the Foster City Municipal Code, adding a new Chapter

17.79, Two-Unit Developments and Urban Lot Splits, as referenced above, as well as the proposed CEQA finding, including any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”).

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

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

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

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

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

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

5. The proposed amendments are exempt from CEQA pursuant to Government Code Sections 65852.21(j) and 66411.7(n).

Section 2. Title 17, Zoning of the Foster City Municipal Code is hereby amended by adding Chapter 17.79, “Two-Unit Developments and Urban Lot Splits,” in Title 17 “Zoning,” to read as set forth in the attached Exhibit A, as listed below and attached hereto and incorporated herein by reference:

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

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

5.3 Attachment 1 - Ordinance with Exhibit A

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

This Ordinance was introduced and read on the 21st day of October 2024, and passed and adopted on the 4th day of November, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
____________________________

PRISCILLA SCHAUS, CITY CLERK

5.3 Attachment 1 - Ordinance with Exhibit A

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6 EXHIBIT A
A new Chapter 17.79 is hereby added as follows:

Chapter 17.79

TWO-UNIT DEVELOPMENTS AND URBAN LOT SPLITS

17.79.010 Purpose, Objective, and Intent.

The purpose of this chapter is to provide the application and approval process, as well as objective zoning standards for Two-Unit Developments and Urban Lot Splits as defined herein, to implement the provisions of State law as reflected in Government Code Sections 65852.21 et seq. and 66411.7 et seq., to facilitate the development of new residential housing units consistent with Foster City’s General Plan, and to ensure sound standards protecting public health and safety.

In cases of conflict between this chapter and any other provision of this title, the provisions of this chapter shall prevail. To the extent that any provision of this chapter is in conflict with state law, the applicable provision of state law shall control it, but all other non-conflicting provisions of this chapter shall remain in full force and effect.

17.79.020 Applicability.

The provisions of this chapter shall apply to all single-family residential zone parcels (the R-1 Single-Family Residence District and R-1 Single-Family Residence District/Planned Development R-1/PD).

17.79.030 Definitions
As used in this chapter, the terms set out below are defined to mean the following:
“Adjacent Parcel” means any parcel of land that is 1) touching the parcel at any point; 2) separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or 3) separated from another parcel only by other real property which is in common ownership or control of the applicant. “Car share vehicle” means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service. “Common Ownership Or Control” means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property. “Department” means the Community Development Department. “Existing Dwelling” means a primary dwelling or other dwelling unit on a parcel that exists prior to any voluntary demolition or reconstruction or remodel where no more than 50% of the exterior

5.3 Attachment 1 - Ordinance with Exhibit A

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6 wall framing has been removed or altered. Any existing dwelling unit where more than 50% of the exterior wall framing has been removed is considered a new dwelling for purposes of this article. “Low-Income Household” has the meaning set forth in Health & Safety Code Section 50079.5. “Major Transit Stop” means a site containing any of the following: (i) an existing rail or bus rapid transit station; (ii) a ferry terminal served by either a bus or rail transit service; or (iii) the intersection of two or more major bus routes with a frequency of service intervals of 15 minutes or less during the morning and afternoon peak commute periods. “Moderate Income Household” has the meaning set forth in Health & Safety Code Section 50093.
“SB 9 Unit” means a primary unit that is developed pursuant to the requirements of this Article, applicable Foster City Municipal Code provisions, and Government Code Sections 65852.21 and 66411.7, or as may be amended. “SB 9 Project or SB 9 Application” means a project application submitted to the City in accordance with this Chapter, SB 9, and applicable Foster City Municipal Code provisions to do one or more of the following:

1. Split a qualifying single-family residential zoned parcel into two lots; or

2. Develop no more than two primary units on a single lot. “Senate Bill 9 or SB 9” means Government Code Sections 65852.21 and 66411.7 and any amendments thereto.
“Sufficient For Separate Conveyance” as used in this Chapter, means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually. “Two-Unit Development” means a development that proposes no more than two new primary residential units or proposes to add one new primary residential unit to one existing primary residential unit that meets all the criteria and standards set forth in this chapter. “Urban Lot Split” means a subdivision of an existing parcel into no more than two separate parcels that meets all the criteria and standards set forth in this chapter. “Very Low-Income Household” has the meaning set forth in Health & Safety Code Section 50105.

17.79.40 Eligibility.

An SB 9 Project shall be approved by the Department if the SB 9 Project meets all of the following requirements:

5.3 Attachment 1 - Ordinance with Exhibit A

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6 A. All SB 9 Projects.

1. The parcel is located within the R-1 Single-Family Residence District or R-1 Single-Family Residence District/Planned Development R-1/PD.

2. The parcel is not located in any of the following:
a. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by an approved local ballot measure.
b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
c. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202. This subparagraph does not apply to sites excluded from the specified hazard zones by the city, pursuant to subdivision (b) of Section 51179 of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
d. A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. e. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
f. Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in

5.3 Attachment 1 - Ordinance with Exhibit A

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6 order to provide that the site satisfies this subparagraph, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met (1) the site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the city; or (2) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
g. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. h. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C.

Sec. 1531 et seq.), or other adopted natural resource protection plan. i. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050n) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). j. Lands under conservation easement.

3. The SB 9 Application would not require demolition or alteration of any of the following types of housing:
a. Housing subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

5.3 Attachment 1 - Ordinance with Exhibit A

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6 b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last three years.

4. The parcel is not a parcel on which an owner of residential real property has exercised the owner’s rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the applicant submits an SB 9 Application.

5. The proposal does not allow the demolition of more than 25 percent of the existing exterior structural walls, and the site has not been occupied by a tenant in the last three (3) years.

6. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city landmark or historic property or district by local ordinance.

7. The SB 9 Project meets all other requirements of this Chapter.

B. Urban Lot Splits.

In addition to the requirements for all SB 9 Projects, Urban Lot Splits shall meet all of the following eligibility requirements:

1. The Urban Lot Split will create no more than two new parcels, and each of the newly- created parcels meets all of the following requirements:
a. Is at least 1,200 square feet in size;
b. Is at least 40 percent of the lot area of the original parcel; and c. Has access to or adjoins the public right-of-way, sufficient to allow development on the parcel to comply with any property access requirements under the California Fire Code Section 503 and Title 14, California Code Regulations section 1273.00 et seq., when applicable to the parcel.

2. The parcel was not established through a prior Urban Lot Split.

3. The Urban Lot Split conforms to all applicable objective requirements of the Subdivision Map Act (Government Code Section 66410 et seq.), except as otherwise provided in this Chapter.

4. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an Urban Lot Split.

5.3 Attachment 1 - Ordinance with Exhibit A

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6 5. The proposed new parcels are intended for exclusively residential use.

6. The Urban Lot Split will not result in a structure being split over the two (2) parcels.

7. The owner of the parcel to be subdivided signs an affidavit under penalty of perjury declaring all of the following to be true:
a. The housing units proposed to be demolished or altered have not been occupied by a tenant at any time within three years of the date of the application for an Urban Lot Split.
b. The owner of the parcel intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the Urban Lot Split. Owner-occupancy is not required if the owner is a community land trust or qualified nonprofit corporation under Sections 214.15 or 402.1 of the Revenue and Taxation Code.
c. The owner has not previously subdivided an adjacent parcel using an Urban Lot Split. d. The owner has not previously acted in concert with any person to subdivide an adjacent parcel using an Urban Lot Split. “Acted in concert” means that the owner, or a person acting as an agent or representative of the owner, knowingly participated with another person in a joint activity or parallel action toward a common goal of subdividing the adjacent parcel.

C. Notwithstanding an SB 9 Project’s compliance with subsections A and B above, the Department shall deny an SB 9 Application if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed SB 9 Project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

17.79.050 Processing and Application.

A. City Processing.

1. All SB 9 Applications and the required accompanying documents shall be submitted to the Department. The Community Development Director shall immediately transmit a copy of the SB 9 Application and accompanying documents to the applicable city departments, including Public Works, Planning and Building Divisions, and San Mateo Consolidated Fire Department.

2. All SB 9 Applications shall be considered ministerially, without public hearings or discretionary review.

3. A parcel map shall be required for all Urban Lot Splits.

5.3 Attachment 1 - Ordinance with Exhibit A

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6 4. All SB 9 Applications shall be approved or denied within sixty (60) calendar days from the date the City receives the completed application.

5. Notwithstanding any other provision herein, SB 9 Projects shall only be subject to objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.

6. If it is not feasible to comply with all applicable objective design standards when constructing up to two (2) eight hundred (800) square foot residential units on a property, the applicant shall provide all necessary information requested by the City (e.g., a topographic survey, etc.) to demonstrate that it is infeasible to construct one (1) or both of the two (2) eight hundred (800) square foot residential units while complying with all applicable objective design standards for review by the City. On review of the complete feasibility study, the Community Development Director shall determine which of these objective design standards may be reduced and/or waived to allow for up to two (2) residential units that are no more than eight hundred (800) square feet in size.

7. The Department shall not require the correction of nonconforming zoning conditions.

8. The Department shall not reject an application solely because it proposes adjacent or connected structures, provided that the structures meet building code safety standards and are sufficient for separate conveyance.

9. The Department shall condition approval on the dedication of any easements deemed necessary for the provision of public services to the proposed parcels and any easements deemed necessary for access to the public right-of-way.

10. If the Department denies an SB 9 Application, the Department shall, at the time of denial, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the SB 9 Application can be remedied by the applicant.

B. Submittal Requirements.

1. Each SB 9 Application shall include all of the following:
a. Application Forms. Completed SB 9 Application forms as prescribed by the Department;
b. Property Ownership. Verification of property ownership in the form of a preliminary title report that is no more than a year old, showing the current owner(s) of the property, the names of record owners of the land, and all existing easements and other reservations, restrictions, or covenants;

5.3 Attachment 1 - Ordinance with Exhibit A

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6 c. Legal Description. An accurate legal description of the property and any resultant lots in the case of an Urban Lot Split application;
d. Checklist Requirements: All information/documents as outlined in the Planning Application and/or Urban Lot Split Submittal Requirements checklists; e. Plans. Scaled and accurate plans to include required applicable information as outlined in the Planning Application and/or Urban Lot Split Submittal Requirements checklists; f. Additional Affidavit. If any existing housing is proposed to be altered or demolished, the owner of the property shall sign an affidavit in the form approved by the Department, as required by Section 17.79.040(B)(7), and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three (3) years on a form prescribed by the Department. g. Recorded Covenant. Prior to the approval and recordation of the parcel map, the applicant shall record a restrictive covenant and agreement in the form prescribed by the Department, which shall run with the land and provide for the following:
i. A prohibition against further subdivision of the parcel using the Urban Lot Split procedures as provided for in this section;
ii. A limitation restricting the property to residential uses only; and iii. A requirement that any dwelling units on the property may be rented or leased only for a period longer than thirty (30) days.

17.79.060 Objective Development Standards.

All SB 9 Projects shall comply with the development standards listed in this Section. SB 9 Projects under this chapter shall conform to all objective property development regulations and design review standards of the zone in which the property is located, including, but not limited to, setbacks, building height, building size, structural coverage, and impervious coverage, unless the applicant demonstrates that such zoning or design standard would have the effect of physically precluding the construction of up to two residential units on the parcel, or that would physically preclude either of the two units from being at least 800 square feet in floor area:

A. Two-Unit Development.

1. Number of Units.
a. A Two-Unit Development proposed without approval of an Urban Lot Split shall be limited to no more than four (4) total units (including primary units, SB 9 Units, accessory dwelling units, and junior accessory dwelling units) on a single-family lot.

5.3 Attachment 1 - Ordinance with Exhibit A

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6 b. A Two-Unit Development proposed with the approval of an Urban Lot Split shall be limited to no more than two (2) total units (including primary units, SB 9 Units, accessory dwelling units, and junior accessory dwelling units) per created parcel.

2. Size. The total floor area of an SB 9 Unit shall not exceed eight hundred square feet (800 SF) or twelve hundred square feet (1,200 SF) if the lot coverage does not exceed the maximum permitted as established by the underlying zoning district.

3. Setbacks.
a. Front Setback. A minimum setback from the front lot line, as required by the lot's underlying zoning district.
b. Side and Rear Setbacks. The side and rear setbacks shall be no less than four (4) feet. c. No setback shall be required for an existing structure that is converted into SB 9 unit or a structure constructed in the same location and to the same dimensions as an existing structure.

4. Height. SB 9 Units shall not exceed twenty-five (25) feet in height, or the height requirement for the primary dwelling, whichever is lower. Units shall not exceed two stories in height.

5. If attached, SB 9 Units are required to comply with adopted objective design standards for duplexes.

6. If the SB 9 Units are configured as a duplex on a parcel, a deed restriction in a form approved by the Department shall be recorded stipulating that the duplex shall be maintained as two (2) separate units.

7. All SB 9 Units shall comply with the Foster City Municipal Code and the adopted California Building Code.

8. Fire access to all SB 9 Units shall be compliant with the San Mateo Consolidated Fire Department standard specifications and the California Fire Code.

9. No SB 9 Unit shall be rented for a period of less than thirty (30) days.

10. An SB 9 Unit may be rented separately from the primary dwelling unit.

11. Parking. A minimum of one (1) off-street parking space measuring at least ten (10) feet wide by twenty (20) feet deep shall be provided for each SB 9 Unit, except that no parking shall be required when the parcel meets one or both of the following instances:

5.3 Attachment 1 - Ordinance with Exhibit A

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6 a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3.
b. There is a car share vehicle located within one (1) block of the parcel.

B. Urban Lot Split.

1. Number of parcels. The Urban Lot Split shall create no more than two (2) new parcels.

2. Parcel Size.
a. Each newly created parcel shall be of approximately equal area. The smaller parcel shall not be less than forty percent (40%) of the lot area of the original parcel proposed for the Urban Lot Split.
b. Each newly created parcel shall be at least 1,200 square feet in gross area. c. Setbacks. No setbacks shall be required for an existing dwelling structure on the parcel from a proposed property line, provided clearance is obtained from the fire marshal.

3. Other provisions.
a. Minimum Frontage. Each lot shall maintain a minimum frontage of at least twenty (20) feet on a public or private road. No more than one (1) driveway cut is permitted for each parcel.
b. Existing corner parcels shall be split approximately perpendicular to the longest contiguous property line.
c. Easements for access and public and private utilities shall be provided for any newly created parcel that does not front on a public or private street. d. Separate utility meters shall be provided for each parcel prior to recordation. e. All newly created parcels shall be connected to the public sewer. f. No dedications of rights-of-way or the construction of offsite improvements for the parcels being created pursuant to this section shall be required as a condition of approval.

17.79.070 General Provisions.

A. Development projects pursuant to this Chapter shall be subject to all impact or development fees related to the development of a new dwelling unit.

5.3 Attachment 1 - Ordinance with Exhibit A

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6 B. The City Council may establish and set by resolution all fees and charges, consistent with Government Code Sections 65852.2 and 65852.22, and related provisions, as may be necessary to effectuate the purpose of this Chapter.

5.3 Attachment 1 - Ordinance with Exhibit A

33 DATE: November 4, 2024

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

FROM: Sofia Mangalam, Community Development Director
Helen Gannon, Senior Planner
DEPARTMENT: Community Development
SUBJECT: DENYING AN APPEAL AND UPHOLDING A DECISION OF THE

PLANNING COMMISSION APPROVING AN ARCHITECTURAL

REVIEW REQUEST TO RELOCATE AND CONSTRUCT AN

ADDITIONAL DRIVEWAY ON A SITE WHICH CONTAINS A

SHARED DRIVEWAY, ADD SIX NEW SKYLIGHTS, EXPAND AN

EXISTING COVERED PATIO IN THE REAR, AND CONSTRUCT
A TOTAL OF 770 SQUARE FOOT (SF) ADDITION TO THE

FRONT AND REAR ELEVATION OF THE SINGLE-STORY
SINGLE-FAMILY RESIDENCE LOCATED AT 106 CHALLENGE

COURT AND FIND THAT THE PROJECT IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER
CEQA GUIDELINES SECTION 15301(EXISTING FACILITIES) –
APN 094-042-230 – AR2023-0004

RECOMMENDATION
It is recommended that the City Council approve the attached Resolution denying an appeal and upholding a decision of the Planning Commission approving an Architectural Review request to relocate and construct an additional driveway on a site which contains a shared driveway, add six (6) new skylights, expand an existing covered patio in the rear, and construct a total of 770 sf addition to the front and rear elevation of the single-story single-family residence located at 106 Challenge Court and find that the project is exempt from review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301.

5.4 5.4 Staff Report

34 EXECUTIVE SUMMARY
On August 21, 2024, the City received an appeal from Nancy E Harmon and William H Borter, the owners of 104 Challenge Court (“Appellant”) contesting the decision of the Planning Commission approving Architectural Review Permit (AR2023-0004) to construct a total of 770 SF addition to the front and rear elevations of the single-story single-family residence located at 106 Challenge Court, including construction of an additional driveway on the site and modifying the existing shared driveway with 104 Challenge Court, addition of six new skylights, expansion of an existing covered patio in the rear, and finding that the project is exempt from review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15301.

The City Council conducted the appeal hearing pursuant to Foster City Municipal Code Sections 17.58.040(F) and 17.06.140 on October 21, 2024 and heard testimony from the appellant, applicant and members of the public and considered documents submitted relating to AR2023-0004. In conclusion, the City Council adopted Minute Order No. 1999, denying the appeal and upheld the Planning Commission's decision to approve AR2023- 0004, as conditioned and directed staff to bring back a Resolution to deny the appeal and uphold the Planning Commission’s approval of AR2023-0004 (passed 4-1-0; Noes:

Kiesel).

Staff has prepared the attached Resolution to support the Council’s decision to deny the appeal and uphold the Planning Commission’s approval of AR2023-0004. Staff recommends that the Council approve the proposed Resolution, which includes the necessary findings set forth in Foster City Municipal Code Section 17.58.050(A) and (B).

California Environmental Quality Act
Categorically Exempt per California Environmental Quality Act (CEQA) Guideline; Class 1, Existing Facilities

FISCAL IMPACT
The appeals are subject to “Actual Cost* Subject to a minimum $500 Deposit at time of filing”. Any staff time spent on the appeal will be paid through the deposit.

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

Attachment 1 - Resolution

5.4 5.4 Staff Report

35 RESOLUTION NO. _______

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

AN APPEAL AND UPHOLDING A DECISION OF THE PLANNING COMMISSION

APPROVING AN ARCHITECTURAL REVIEW REQUEST TO RELOCATE AND

CONSTRUCT AN ADDITIONAL DRIVEWAY ON A SITE WHICH CONTAINS A SHARED

DRIVEWAY, ADD SIX NEW SKYLIGHTS, EXPAND AN EXISTING COVERED PATIO IN THE REAR, AND CONSTRUCT A TOTAL OF 770 SQUARE FOOT (SF) ADDITION TO

THE FRONT AND REAR ELEVATION OF THE SINGLE-STORY SINGLE-FAMILY RESIDENCE LOCATED AT 106 CHALLENGE COURT AND FIND THAT THE PROJECT

IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CEQA GUIDELINES SECTION 15301(EXISTING FACILITIES) – APN 094-042- 230 – AR2023-0004

CITY OF FOSTER CITY
WHEREAS, the property owner filed an application for an Architectural Review, which was deemed complete on August 14, 2023, to relocate and construct an additional driveway on a site that contains a shared driveway, add six new skylights, expand an existing covered patio in the rear, and construct a total of 770 sf addition to the front and rear elevations of the single-story single-family home located at 106 Challenge Court in Neighborhood 1; and
WHEREAS, on August 24, 2023, a Notice of Public Hearing was mailed to residents within a 500’ mailing radius of 106 Challenge Court for consideration of the Architectural Review request at the Planning Commission meeting of September 7, 2023; and
WHEREAS, on August 23, 2023, a Notice of Public Hearing was duly posted for consideration of the Architectural Review request at the Planning Commission meeting of September 7, 2023; and
WHEREAS, on September 7, 2023, the Planning Commission opened and held the Public Hearing, considered the request, and voted to continue the matter to a date uncertain to allow the applicant and the property owners at 104 Challenge Court an opportunity to discuss the project; and
WHEREAS, on July 29, 2024, a Notice of Public Hearing was mailed to residents within a 500’ mailing radius of 106 Challenge Court for consideration of the Architectural Review request at the Planning Commission meeting of August 15, 2024; and WHEREAS, on July 25, 2024, a Notice of Public Hearing was duly posted for consideration of the Architectural Review request at the Planning Commission meeting of August 15, 2024, and on said date, the Public Hearing was opened, held, and closed; and

5.4 Attachment 1 - Resolution

36 2
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8 WHEREAS, on August 15, 2024, a public hearing was held to consider the project at which time it considered all oral and documentary evidence presented and incorporated all testimony and documents into the record by reference and voted (3-1-0-1, Noes:

Haddad; Absent: Bronitsky) to approve the request for an Architectural Review permit (AR2023-0004) and gave direction to staff to return to the Planning Commission with a resolution setting forth the basis for approval of the project; and WHEREAS, at the September 7, 2024 Public Hearing, the Planning Commission, by adoption of Resolution P-19-24 (2-1-0-2, Noes: Haddad; Absent: Bronitsky, Jagtiani), approved the request for an Architectural Review Permit (AR2023-0004) at 106 Challenge Court; and
WHEREAS, following the Planning Commission meetings, the property owners of 104 Challenge Court and appellant filed an Appeal on August 21, 2024 for reversal of the Planning Commission’s decision to approve the Architectural Review Permit (AR2023- 0004); and
WHEREAS, at the October 21, 2024 City Council Regular Meeting, the City Council conducted the appeal hearing pursuant to 17.58.040(F) and 17.06.140 and heard testimony from the appellant, applicant and members of the public and considered documents submitted relating to the project and found that the project is consistent with the City’s Architectural Review Permit findings pursuant to Section 17.58.050, consistent with the City’s major General Plan Goals and Policies, and Municipal Code; and WHEREAS, the City Council adopted Minute Order No. 1999 to deny the appeal and uphold the Planning Commission’s approval of AR2023-0004 and directed staff to bring back a resolution to deny the appeal and uphold the Planning Commission’s approval of AR2023-0004 (passed 4-1-0; Noes: Kiesel); and WHEREAS, the City Council of the City of Foster City reviewed and considered the proposed project, all written correspondence, verbal testimony, staff reports, and supporting documents and reports prepared.

NOW, THEREFORE, BE IT RESOLVED that the City Council, based on facts and analysis in the Staff Report, written and oral testimony, and exhibits presented, finds:

1. That the project is categorically exempt pursuant to California Environmental Quality Act Section 15301 (Class 1) Existing Facilities; and

2. Pursuant to Foster City Municipal Code Section 17.58.050(A) the proposal is consistent with the applicable provisions of the Foster City General Plan and Title 17, Zoning, of the Foster City Municipal Code because:
i. The Land Use Map of the General Plan designates the use of the subject site as “Single Family Residential.” The subject site is designated for Single Family

5.4 Attachment 1 - Resolution

37 2
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8 Residential, and the proposed first-story addition and remodel will not change the use of the property; and
ii. The proposed first-floor front and rear additions are consistent with the standards of the R-1 zoning district related to setbacks, height, lot coverage, minimum lot size, minimum floor area, and all other relevant development standards. There are no specific development standards or code requirements applicable to shared private driveways; and

3. Pursuant to Foster City Municipal Code Section 17.58.050(B) the design of the proposal conforms to the city’s objective design and development standards and other adopted guidelines because:
i. The proposed exterior siding will match the material and color of the existing home; all new windows will match in terms of style, color, material, and use of grids/no grids; the proposed roof pitch, color, and material will continue to match that of the existing residence; and the new skylights will have a flat low-profile design with clear glazing and will not extend more than 10” above the roof surface, consistent with the City’s adopted objective design and development standards and other guidelines.

BE IT FURTHER RESOLVED that the City Council of the City of Foster City does hereby deny the appeal and uphold the Planning Commission’s approval of AR2023- 0004, subject to the conditions in Exhibit A attached hereto and incorporated herein. The date of decision of the appeal shall be October 21, 2024, regardless of when this Resolution is adopted.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 4th day of November, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.4 Attachment 1 - Resolution

38 City Resolution No.

AR2023-0004

EXHIBIT A
(Conditions attached to Resolution approval of AR2023-0004)

1.Prior to the commencement of work, a building permit shall be obtained from the Building Inspection Division. Four (4) sets or an electronic copy of final construction drawings shall be submitted with the building permit application.

2.The Conditions of Approval of this Notice of Decision issued by the City shall be included on the complete set of plans within any subsequent permits. The applicant shall include written responses demonstrating compliance with each condition of approval at the time of building permit submittal.

3. All construction work shall conform to the plans and elevations, received and dated by the Foster City Planning/Code Enforcement Division on August 15, 2023, prepared by Natalia Amatuni Residential Design on file with the Community Development Department, except as modified in subsequent conditions of approval included in this Exhibit A. Construction shall be in substantial conformance with the approved plans as it pertains to driveway access. Approval of the subject Plans is predicated upon the accuracy of the information provided on all of the Plans demonstrating proposed and existing conditions, including but not limited to information describing setbacks; heights; dimensions; colors; materials; roof pitches; and, fenestration. If during the construction process it is determined that information on the approved Plans is inaccurate, or if the improvement under construction is not consistent with the approved Plans, the construction work may be stopped until the matter is resolved to the satisfaction of the Community Development Director.

4.All materials and colors shall be as approved. Once constructed or installed, all improvements shall be maintained in accordance with the approved plans. Any major changes which affect the exterior character of the work shall be resubmitted for approval. The construction or placement of unapproved features or unapproved changes to buildings or structures will result in the issuance of a “Stop Work Order” by the City, the need to revise plans and obtain City approval for all changes prior to recommencing work, and the possibility of penalty fees being assessed for unauthorized work. Minor modifications to the approved plans may be approved by the Community Development Director.

5. All vents, gutters, downspouts, flashings, etc. shall be painted to match the color of adjacent surfaces. No electrical conduits or similar piping shall be allowed on the exterior of the building unless approved prior to installation by the Community Development Director.

6. At the time of Building Permit submittal, a demolition plan shall be included that clearly shows the walls to be retained and the walls to be removed.

7. All architectural elements such as soffits, screens, etc., not shown or detailed on the plans shall be finished in material and color in harmony with the exterior of the building.

8. Smoke detectors shall be installed to the satisfaction of the Building Inspection Division in any approved room addition.

9. Plans submitted for building permit shall include all mechanical equipment and utilities, including AC unit (if any), water heater, electrical and gas meters. Note that all utilities

5.4 Attachment 1 - Resolution

39 City Resolution No.

AR2023-0004
shall be architecturally screened from view. They shall be located behind and below the fence and shall be painted to match the adjacent building color.

10.Standard residential security requirements as established by Chapter 15.28 of the Foster City Municipal Code shall be provided.

11.Prior to any final building inspection approval, any imposed conditions and all improvements shall be completed in accordance with the approved plans and to the satisfaction of the City.

12.Prior to any demolition or disassembly of any portion of the existing structure or site, a detailed plan, in the form of either a letter or on the City’s Demolition Information Form, describing all aspects of such work (how and when it will be conducted; special related equipment required, how materials will be removed from the site, how public safety will be ensured throughout this process, etc.) shall be submitted to the Chief Building Official. Such work shall not begin until the Chief Building Official approves the plan by affixing his/her signature and the date of approval to it. The Chief Building Official may require that plans be amended until he/she determines that they satisfactorily meet all City health, safety and general welfare concerns.

13.A copy of the approved plan shall be given to the applicant or their designee and shall at all times be kept on the job site along with approved project plans.

14.Any damage to public (City) infrastructure (streets, sidewalks, utilities, etc.) caused by construction (including use of heavy equipment) associated with the building permit, shall be repaired to the satisfaction of the Public Works Department and the Building Division prior to final sign-off on the building permit.

15.The placement of materials disposal or trash bins within public rights-of-way, including on public streets and on public sidewalks, shall not be allowed until such time as an Encroachment Permit has been issued by the Engineering Division of the Public Works Department.

16.In order to assure public safety and minimize the unattractive short term aspects of construction on the neighborhood, prior to issuance of a building permit, building plans shall include site control information which, at a minimum: 1) Provides that a 6 (six) foot tall chain-link fence (no portion of which contains barbed wire) with a dark green (or other color approved by the Community Development Director) vinyl or canvas liner placed on the exterior of the fence shall be placed around any yard or any portion of a yard which the Chief Building Official shall identify as requiring such.

17.All required construction fencing shall be in place prior to the commencement of any work on site, shall remain in place for such time as required by the Chief Building Official and shall be removed prior to the issuance of an Occupancy Permit. The gate to the fence shall be locked at all times that the fenced area is left unattended by either the owner or resident, the contractor or subcontractors. All construction materials and equipment, including temporary or portable equipment, such as generators, storage containers or facilities, shall be stored within the interior of the fenced area when construction activities are not occurring. If placed anywhere on site, portable toilets shall be placed within the interior of the fenced area at all times.

18.Building materials, construction equipment and tools, or other items related to the construction or demolition work to be performed shall be stored behind and below

5.4 Attachment 1 - Resolution

40 City Resolution No.

AR2023-0004

19.required fencing/screening unless special approval to place or store the materials or items is granted by the Community Development Director.

20.The Building Permit Plans shall note the roof material and color to be 1) as shown on the plans herein approved, or 2) if in a R-1 District, a roof material and color consistent with the list maintained by the Community Development Department for “Reroofing Materials and Colors Approved for Use in R-1 Districts,” or 3) if in a PD, Planned Development District, a material and color consistent with the approved prototype for the development. The same material and color shall be used on all structures higher than the fence line unless otherwise approved by the Community Development Director.

21.The applicant shall submit a Waste Management Plan in accordance with Chapter

15.44 of the Foster City Municipal Code.

22.Within sixty (60) days following the completion of the demolition phase of a covered project, and again within sixty (60) days following the completion of the construction phase of a covered project, the contractor shall submit documentation to the Building Inspection Division that demonstrates compliance with Chapter 15.44 of the Foster City Municipal Code. Documentation includes submission of a completed Final Compliance Report with corresponding recycling, salvage, and disposal receipts/tickets from the facilities, to demonstrate where the debris was recycled, salvaged, or disposed.

23.Once a building permit is issued, it is the permit holder’s responsibility to ensure that the project receives a final inspection before the building permit expires. Failure to receive and/or pass a final inspection will result in the expiration of the building permit which will require additional fees to reactivate.

24.Fire sprinklers are required for any project that includes remodeling 50% or more of an existing house and/or adding 50% or more to the existing floor area. Flow calculations and plans for the fire sprinkler system shall be prepared by a qualified Fire Sprinkler System contractor or a licensed design professional and shall be submitted concurrently with construction plans for City review and approval. If tapping into the city’s water main is required for a dedicated fire service, an encroachment permit is required.

25.A design-level geotechnical investigation, in compliance with the California Building Code, California Residential Code, and Foster City amendments, shall be prepared by a licensed professional and submitted with the construction documents to the City Building Inspection Division for review and approval for any new house, new second story, or addition as determined by the Chief Building Official. The report shall determine the proposed project’s geotechnical conditions and address appropriate building techniques and potential seismic hazards. All recommendations, design criteria, and specifications set forth in the design-level geotechnical investigation shall be incorporated into the construction plans.

26.Construction activities shall be limited to the hours of 8:00 AM to 5:00 PM on weekdays and 9:00 AM to 5:00 PM on weekends and legal holidays. All construction-related activities including but not limited to noise, vibration, dust etc. shall be in accordance with Chapter 17.68, General Performance Standards, of Title 17, of the Foster City Municipal Code. Any request for modification to

5.4 Attachment 1 - Resolution

41 City Resolution No.

AR2023-0004
the construction hours shall be submitted to the CDD Director for prior review and approval.

27.All windows on a given elevation shall match in terms of material, color, style, trim, and use of grids (no grids).

28.All new skylights shall be a low-profile flat design that does not extend more than 10” above the roof.

29.The skylight frame and flashing shall be painted to match the adjacent surface.

30.Bollards shall be provided adjacent to the front yard addition.

31.All vents, flues, flashing, etc. shall be painted to match the adjacent surface.

32.All areas of the proposed addition shall be finished, painted, and treated in a manner to form a seamless transition between the existing and adjacent building surfaces.

33.Any damage to the wall surface and/or window/door trim shall be repaired and painted in kind, to achieve a seamless transition from the repaired to the existing trim and/or wall surface.

34.Exterior materials and colors shall be consistent, or equivalent, with the table below:

APPROVED COLORS AND MATERIALS
Siding Board & Batten Siding - Beige
Trim Wood - Brown
Roof Polyurethane Foam Roof SPF - White

35.Once an Architectural Review Permit approval has been issued, it is the permittee’s responsibility to ensure that the project receives a final inspection before the Architectural Review Permit approval becomes null and void (two years from the date of approval). Failure to receive and/or pass a final inspection will result in the expiration of the Architectural Review Permit approval which will require additional fees to reactivate.

36.Indemnity Provision. If any Legal Challenge against the Project approvals is submitted to the City or the Estero Municipal Improvement District (EMID) or filed in a court of law, Applicant will, to the greatest extent authorized by law, defend (with counsel approved by City, which approval shall not be unreasonably withheld), indemnify, and hold harmless the City/EMID, its officials, employees, volunteers and agents from and against any and all loss, liability, expenses, claims, costs (including reasonable attorneys’ fees), suits and damages of every kind nature, and description, directly or indirectly arising from any third party legal challenge to the Project.

37.This original Notice of Decision must be acknowledged by the property owner on a form prepared by and returned to the Planning/Code Enforcement Division.

Note that this Permit is not valid until the Planning/Code Enforcement Division has received the acknowledgment of the Notice of Decision, or if appealed, until a determination is made on the appeal.

Bold: Indicates Site Specific Condition

5.4 Attachment 1 - Resolution

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DATE: November 4, 2024

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

FROM: Andrew Brozyna, Public Works Director
Laura Galli, Engineering Manager
Francine Magno, Senior Civil Engineer
Claire McWilliams, Assistant Engineer
DEPARTMENT: Public Works
SUBJECT: REQUEST FOR PROPOSALS FOR PROFESSIONAL

ENGINEERING SERVICES FOR THE FOSTER CITY BICYCLE

AND PEDESTRIAN MASTER PLAN PROJECT (BPMP)

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution approving and authorizing staff to issue the attached Request for Proposals (RFP) for professional engineering services for the Foster City Bicycle and Pedestrian Master Plan Project (BPMP) and authorizing the initiation of the consultant selection process.

EXECUTIVE SUMMARY
The BPMP Project consists of the creation of a Master Plan that addresses bicycle and pedestrian safety and needs throughout the City. The attached resolution authorizes staff to issue the RFP and initiate the consultant selection process. Staff anticipates the award of an agreement will be considered for approval in February 2025. Funding in the amount of $160,000 is available in the General Plan Maintenance Fund for the project. In addition, the City will be receiving grant funds in the amount of $80,000 from the Transportation Development Authority (TDA) Article 3 Bicycle and Pedestrian Program to offset half of the budgeted funds.

5.5 5.5 Staff Report

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6 0

BACKGROUND
In July 2023, the San Mateo County Civil Grand Jury published a report entitled “Bike Safety in San Mateo County,” which contained recommendations to enhance and promote bike safety and usage. Recommendation five (R5) stated that “each city, town, and unincorporated county should update or generate a new Bicycle and Pedestrian Master Plan if their current plan is older than five years.” Currently, Foster City does not have a Bicycle and Pedestrian Master Plan, although the City has previously performed a Bicycle Network Assessment and Safe Routes to School Assessment in 2018. Funding was included in the City’s budget to prepare a Bicycle and Pedestrian Master Plan in conformance with the Grand Jury’s recommendation in addition to staff pursuing grant funding to offset the cost of the Project.

On September 18, 2023, the City/County Association of Governments (C/CAG) issued a Call for Projects under the TDA Article 3 Pedestrian and Bicycle Program FY 2023/2024. The goal of the TDA Article 3 Pedestrian and Bicycle Program is to fund specific projects that encourage bicycle and walking conditions in San Mateo County.

Bicycling and walking are sustainable forms of transportation and contribute to the overall goals of the TDA Article 3 to reduce commuting corridor congestion, make regional connections, enhance safety, and meet local mobility needs.

In November 2023, the City of Foster City submitted the BPMP Project and requested grant funding in the amount of $80,000 from C/CAG. In May 2024, C/CAG notified the City that the project was selected by the C/CAG Board to be recommended for MTC’s final approval. On August 28, 2024, the MTC approved allocations of TDA funds to the City for the BPMP Project.

ANALYSIS
The City is seeking proposals from qualified firms to provide professional engineering services to develop the BPMP. The selected firms will be required to have completed similar projects and possess experience in the required scope of services as part of the RFP. Staff will review the submitted proposals per a qualification-based selection process.

The objective of the BPMP is to incorporate previous transportation studies and new analysis into a plan that examines bicycle and pedestrian safety and needs within the City, creating a comprehensive document that prioritizes school walking and cycling routes, the City’s existing Complete Streets Policy, and multi-modal transportation throughout the City. The project will build upon several existing transportation planning efforts and provide Public Works with the knowledge to enhance the City’s existing bicycle and pedestrian facilities and infrastructure. The plan will have long- term effects on the prioritization and development of bicycle and pedestrian facilities throughout the City to increase user safety.

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The attached RFP describes the scope of services in detail that will be requested. The scope of services consists of seven (7) tasks:
•Task 1 – Project Management and Work Plan
•Task 2 – Existing Conditions, Data Collection and Review •Task 3 – Public Outreach
•Task 4 – Citywide Infrastructure Needs and Demands Assessment •Task 5 – Goals And Policy Development
•Task 6 – Recommendations And Implementation Strategy
•Task 7 – Draft And Final Plan
With the City Council’s approval of the attached resolution, staff will issue the RFP and initiate the consultant selection process. The proposal submittal deadline is December 6, 2024. Following evaluation of the proposals, staff will negotiate a scope and fee with the selected consultant. It is anticipated that a consultant agreement will be considered for approval by the City Council in February 2025.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Not Applicable

FISCAL IMPACT
There are no costs associated with the issuance of the RFP. Following the selection of a consultant firm, a recommendation to award an agreement will be brought to the City Council for consideration.

On June 17, 2024 the City Council passed and adopted City Resolution No. 2024-65 authorizing a request to the MTC for allocation of TDA Article 3 funds in the amount of $80,000 for the BPMP Project. The City has committed to a local match of $80,000, which is 50% of the total project cost. The City’s local match comes from the General Plan Maintenance Fund, where $160,000 is budgeted for the Fiscal Year 2024-2025.

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

Attachment 1 – Resolution
Attachment 2 – Request for Proposals

5.5 5.5 Staff Report

45 RESOLUTION NO. _____________

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

APPROVING AND AUTHORIZING THE ISSUANCE OF THE REQUEST FOR

PROPOSALS (RFP) FOR PROFESSIONAL SERVICES FOR THE FOSTER CITY

BICYCLE AND PEDESTRIAN MASTER PLAN PROJECT (BPMP) AND AUTHORIZING

THE INITIATION OF THE CONSULTANT SELECTION PROCESS

CITY OF FOSTER CITY
WHEREAS, the City of Foster City is seeking qualified consultants to provide professional services for the preparation of the Foster City Bicycle and Pedestrian Master Plan; and
WHEREAS, the Foster City Bicycle and Pedestrian Master Plan Project (BPMP) aims to address bicycle and pedestrian safety and needs throughout the City; and WHEREAS, funding in the amount of $160,000 has been approved in the FY 2024- 2025 Budget for the BPMP; and
WHEREAS, the City applied for and has been awarded $80,000 in Transportation Development Authority (TDA) Article 3 grant funds from the Metropolitan Transportation Commission (MTC) for the project; and
WHEREAS, with City Council approval, staff will issue the RFP and initiate the consultant selection process.

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

1. Approve the attached RFP for professional engineering services for the Foster City Bicycle and Pedestrian Master Plan Project in a form substantially similar to the one attached to the staff report for this agenda item;

2. Authorize the issuance of the Request for Proposal with minor amendments that may be made by the City Manager and City Attorney; and

3. Authorize the initiation of the consultant selection process.

5.5 Attachment 1 - Resolution

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

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.5 Attachment 1 - Resolution

47 CITY OF FOSTER CITY

REQUEST FOR PROPOSAL

PROFESSIONAL ENGINEERING SERVICES
FOR

THE FOSTER CITY BICYCLE AND PEDESTRIAN MASTER PLAN
PROPOSAL SUBMITTAL DEADLINE: FRIDAY, DECEMBER 6, 2024 at 2:00 PM RETURN PROPOSAL TO:

City of Foster City
Public Works Department
Attn: Claire McWilliams
Assistant Engineer
610 Foster City Blvd.

Foster City, CA 94404

5.5 Attachment 2 - Request for Proposals

48 INDEX

SECTION
I. INTRODUCTION
II. GENERAL INFORMATION
III. NON-MANDATORY, PRE-PROPOSAL MEETING
IV. PROPOSAL REQUIREMENTS
V. PROPOSAL SUBMITTAL REQUIREMENTS
VI. CONSULTANT SELECTION PROCESS
VII. CONFIDENTIALITY
VIII. SCOPE OF SERVICES
IX. STANDARD PROFESSIONAL SERVICES AGREEMENT AND INSURANCE

REQUIREMENTS

ATTACHMENTS
A. DRAFT SCOPE OF SERVICES
B. STANDARD PROFESSIONAL SERVICES AGREEMENT AND SAMPLE

INSURANCE REQUIREMENTS

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Page 1 of 10 ends

REQUEST FOR PROPOSAL

FOR PROFESSIONAL ENGINEERING SERVICES
FOR

THE FOSTER CITY BICYCLE AND PEDESTRIAN MASTER PLAN
SECTION I. INTRODUCTION
The City of Foster City (City) is seeking a professional consultant team to provide professional engineering services for the Foster City Bicycle and Pedestrian Master Plan (BPMP). To that end, the City invites qualified consulting firms to submit proposals.

Consultants shall examine all information in this Request for Proposal (RFP), including the attachments.

Consultants are encouraged to attend a non-mandatory, pre-proposal meeting on Tuesday, November 19, 2024 at 10:00 am. The deadline for submitting questions about the proposal is Monday, November 25, 2024 at 5:00 pm. The City will consider proposals received on or before the proposal submittal deadline of Friday, December 6, 2024 at 2:00 pm. The City may extend the proposal submittal deadline if the City receives an inadequate amount of applicant response. Interested consultants will be notified via an addendum.

SECTION II. GENERAL INFORMATION
The Foster City Bicycle and Pedestrian Master Plan involves the development of the City’s first bicycle and pedestrian master plan. The City of Foster City (City) is a community in the San Francisco Bay Area with a population of approximately 33,000 residents and is made up of primarily residential development with a growing employment sector. The City has previously performed several transportation studies focused on multi modal transportation and routes to school and would like to combine its transportation planning efforts throughout the City.

The objective of the BPMP is to incorporate previous transportation studies and new analysis into a plan that examines bicycle and pedestrian safety and needs within the City, creating a comprehensive document that prioritizes Safe Routes to School, the City’s existing Complete Streets Resolution, and multi-modal transportation throughout the City. The plan will have long-term effects on the prioritization and development of bicycle and pedestrian facilities throughout the City to increase user safety.

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SECTION III: NON-MANDATORY, PRE-PROPOSAL MEETING
Interested consultants shall attend a non-mandatory, pre-proposal meeting. The pre- proposal meeting will be held at City Hall located at 610 Foster City Boulevard, Foster City, CA 94404 on Tuesday, November 19, 2024 at 10:00 am.

The meeting will also be accessible via Zoom. If you would like to attend the pre-proposal meeting or have any questions about the pre-proposal meeting, please contact the Assistant Engineer, Ms. Claire McWilliams at [email protected] before Thursday, November 14, 2024, at 5 pm.

Consultants shall bear all costs associated with attending the pre-proposal meeting. The City shall bear no costs and/or assume no liability for consultants attending the pre- proposal meeting.

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SECTION IV. PROPOSAL REQUIREMENTS
To demonstrate the qualifications and experience necessary to perform the professional engineering services for the project, as described in the Attachment A, Draft Scope of Services, consultant shall submit a proposal that includes the information described in this section.

If Consultants have questions regarding the proposal, submit questions to the Assistant Engineer, Ms. Claire McWilliams at [email protected] on or before November 25, 2024 at 5:00 pm.

The proposal shall be comprised of two (2) parts:
•Part 1 is comprised of five (5) copies of a bound and tabbed document containing sections A, B, C, D, E, F, G and H described below. Consultant shall also provide a flash drive with electronic copies for Part 1 only.
•Part 2 is one (1) copy of Section J submitted in a sealed envelope.

The proposal shall be concise and address qualifications and experience. Consultant shall not include superfluous information or analytical work that would otherwise be performed during work in the proposal. The body of the proposal, excluding the table of contents and appendices, should not exceed 15 pages. As an appendix, provide resumes for the proposed team members. Proposals should be bound with tabs identifying each section herein specified.

PART 1
A. Table of Contents
Consultant shall provide a table of contents for all material contained in the proposal.

B. Cover Letter
Consultant shall provide a cover letter. The person who signs the cover letter shall be authorized to contractually bind the consultant. The cover letter shall include the following:
1) A statement that all the information in the Request for Proposal was examined.
2) A statement that the proposal is binding for a 90-calendar day period. 3) The name, title, address, email, and telephone number of the individual to whom correspondence and other communications should be directed during the consultant selection process.
4) The name, title, address, email, and telephone number of the individual who will negotiate the consulting agreement with the City, if selected, and is authorized to contractually bind the firm.

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C.Executive Summary
Consultant shall provide an executive summary. The executive summary shall include a statement that consultant reviewed the draft scope of services and is able to provide the required professional services. The summary shall briefly summarize those consultant qualifications and experience, contained in the proposal, which best highlight its ability to successfully deliver the work.

D.Project Approach
A summary presentation of the proposed approach for performing the services, describing how the project team would be organized to:
1) Clearly specify the scope of work and schedule for the work that will be included in the contract for professional engineering services. 2) Monitor and control the scope of work, communicate potential scope of work changes prior to performing that work, and manage the change in scope of work.
3) Monitor and control costs of professional design services to ensure the services are performed within the negotiated not-to-exceed amount. 4) Monitor the schedule and ensure that deliverables are completed on or before schedule milestones.
5) Monitor the progress of the work to ensure that each submittal is complete and has been adequately reviewed prior to submitting deliverables. 6) Monitor the quality of consultant’s deliverables to reduce the amount of City resources required to review the submittal.
7) Ensure responsiveness to City Staff.
8) Facilitate communications.
9) No substituting of staff listed in the proposal and adding staff not listed in the proposal.

E. Proposal Schedule
The purpose of the proposal schedule is to ensure consultant completes work in a timely manner and to ensure that labor projections are consistent with the proposal schedule.

Consultant shall prepare a schedule for the work described in Attachment A, Draft Scope of Services and shall show the key activities, their start dates, and end dates. The schedule should include a milestone for each Authorization to Proceed and each submittal identified in Attachment A, Draft Scope of Services.

The schedule should reflect “staffing up” at the beginning of the project and “staffing down” near the end of the project. Consultant shall use March 1, 2025 as the start date for the schedule.

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F. Labor Projections
Consultant shall provide a spreadsheet showing an estimate of the number of hours by staff role to complete the work described in Attachment A - Draft Scope of Services. Group labor projects by task. The labor projections shall be consistent with the schedule created as part of section E above. Provide a list of assumptions made in developing the labor hours.

G.Consultant Information
Consultant shall provide the following information for it and each of its sub- consultants, if any:
1) Legal name of firm.
2) Type of organization (partnership, corporation, etc.) and where incorporated, if applicable.
3) Firm’s Officers.
4) Date firm was established.
5) Address of firm’s headquarters.
6) Current number of people employed by the firm.
7) Name of consultant’s parent company, if any.
8) Name of consultant’s subsidiaries wholly owned or fractionally owned, if any.
9) List of companies associated with the consultant whose work on the design or construction of the projects may potentially give rise to a conflict of interest, if any.
10) List of contracts terminated for convenience or default within the past three (3) years, if any. Include contract value, description of work, client's name, and telephone number.

H.Consultant Experience and References
Consultant shall provide details of its experience working on similar projects over the last five (5) years. Consultant shall provide details of not more than five (5) similar projects. All projects shall have one or more proposed team members involved in the project. Provide projects from different owners, if possible. 1) Project name.
2) Project Owner and contact information.
3) Project description including total project cost and location. 4) Description of the consultant’s role (Prime consultant or sub-consultant to Prime consultant’s Name).
5) Description of professional design service provided. 6) Cost Control for professional design services: Describe the original and final contract amount and reasons for differences, if any. 7) Schedule Control for professional design services Contract: Original start date, actual start date, original end date, actual end date, description of

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reasons for differences. For dates, provide month and year. 8) Project Manager and other key personnel involved.
9) Sub-consultants on the proposed team that worked on the project, if any.

If consultant has a standard resume for projects, consultant may provide the standard resumes with supplemental project information on a separate sheet.

Providing supplemental project information on a separate sheet will have no effect on the evaluation process.

The City will contact Project Owners to discuss the consultant’s current and/or past performance. For Project Owner’s contact information, provide Project Owner’s name and address, the name of a contact with knowledge of consultant’s performance, as well as contact’s phone number and email address.

I. Project Team Experience and References
The consulting team is key to delivering a successful project.

For purposes of the proposal and the selection process, the following terms are used to identify consulting team members: Project Manager, Other Key Personnel, and Other Team Members. The Project Manager is responsible for Consultant’s work and is the City’s principal contact after the professional services contract is awarded, (2) Other Key Personnel are the keys to consultant successfully executing the work; and (3) Other Team Members who will play a significant role in successfully executing the work.

Consultant shall provide the following information regarding the consulting team and its team members:
1) Consultant shall provide an organization chart showing the proposed relationships and the various roles and/or disciplines required to deliver the work. Within the organization chart, consultant shall identify the project manager, other key personnel, and other team members. If a team member works for a sub-consultant, identify the sub-consultant. Consultant shall identify at least one person for each role and/or discipline.
2) Provide a list of office(s) in which the proposed team members will work.

Provide its address, its general phone number, and the name of the principal(s) overseeing proposed staff at the office. Identify the proposed team members working at the office and their roles.
3)Project Manager. Provide the qualifications and experience of the Project Manager, his/her current commitments to other projects to confirm consultant's ability to commit resources to the work, and not less than three (3) references for the Project Manager.
4)Other Key Personnel. Provide the qualifications and experience of the Other Key Personnel; their current commitments to other projects to confirm consultant's ability to commit resources to the work; and not less than three

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(3) references for each person who is identified as Other Key Personnel. 5)Other Team Members. Provide the qualifications and experience of the Other Team Members.

The City will contact project owners who have worked with the project manager and other key personnel to discuss their current and/or past performance. For each reference, list the proposed team member, project name, project owner, project owner’s address, the name of contact with knowledge of performance, contact’s phone number, and contact’s email address. Provide references from different owners, if possible.

PART 2
J. Consultant Fee Schedule and Reimbursable Expenses
Provide one (1) copy in a sealed envelope, including the level of effort with reimbursable expenses and hourly rates schedule. The level of effort and reimbursable expenses shall be broken down with a summary table for the entire proposal and shall include an estimate of the number of hours by staff type to complete the work described in Attachment A, Draft Scope of Service, that is consistent with the schedule created as part of Section D in Part 1 Provide descriptions of assumptions made in developing the labor hours. The City and the selected consultant will endeavor to negotiate a consulting agreement which contains a not-to-exceed amount for professional services, reimbursable expenses, additional services, supplies, materials, and equipment.

To that end, consultant shall provide for it and its sub-consultants, if any, a consultant Fee Schedule, and list of other costs for other reimbursable items, such as supplies, materials, equipment, other services, and/or other expenses.

SECTION V. PROPOSAL SUBMITTAL REQUIREMENTS
Consultant shall submit its proposal in accordance with the following requirements:

A. The City will only consider proposals received by City at or before the proposal submittal deadline of Friday, December 6, 2024 at 2 pm. The City may extend the proposal submittal deadline if the City receives an inadequate response submitted. Interested consultants will be notified via an addendum.

B. Consultant shall submit proposals to the following address:

City of Foster City
Public Works Department
Attn: Claire McWilliams
Assistant Engineer

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610 Foster City Blvd.

Foster City, CA 94404
C. For mailed proposals, the City encourages each consultant to confirm that its proposal was received by the City at or before the proposal submittal deadline.

Contact the Assistant Engineer, Ms. Claire McWilliams at [email protected] to confirm City’s receipt of the proposal.

D. For hand-delivered proposals, consultant shall deliver the proposal to the information desk in the building lobby. Consultant shall ensure the proposal is time and date stamped by the attendant prior to leaving the building.

SECTION VI. CONSULTANT SELECTION PROCESS
The City will review proposals and perform reference checks to evaluate consultants.

The City will conduct consultant interviews with the top scoring proposals. Interviews are expected to take place from approximately January 13 to January 24. The City will notify consultants approximately three to four weeks after the proposal submittal deadline.

Principal criteria used to evaluate consultants will include the following:
1) Experience/Qualifications: Firm’s experience on similar projects in the last five years.
a. Consultant’s and sub-consultant’s, if any, experience successfully providing professional engineering services on similar projects in the last five (5) years.
2) Personnel Assigned: Experience of key personnel assigned to the project, and experience of key team members who will be assigned to the project for its full duration.
a. Project Manager’s experience successfully providing professional engineering services on multimodal transportation plans and/or other related work on similar projects and their availability to perform work required by his/her role.
b. Other Key Personnel’s experience providing professional engineering services on multimodal transportation plans and/or other related work on similar projects and their availability to perform the work required by his/her role.
c. Other Team Members’ experience providing professional engineering services on multimodal transportation plans and/or other related work on similar projects.
3) Quality and Completeness of Proposal:
a. Clarity and relevance of information contained in the proposal.

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b. Consultant’s understanding of work.
c. Consultant’s approach to the work.
4) References
The City may waive irregularities in any proposal, accept or reject all or any part of any proposal, or waive any requirements of the request for proposals, as may be deemed to be in the best interest of the City.

After final evaluation, the City will identify the highest ranked consultant, which appears to best meet the qualification criteria. The City will attempt to negotiate a contract with the selected consultant. If the highest ranked consultant and the City cannot reach agreement, the City will terminate negotiations and, at its option, negotiate with the next ranked consultant.

Consultants shall bear all costs and assume all liability associated with negotiating a consultant agreement. The City shall bear no costs and/or assume no liability for developing and/or submitting proposals.

SECTION VII. CONFIDENTIALITY
The City has made a determination in accordance with Government Code Section 7922.000 that all Proposals submitted in response to this RFP shall not be made public by the City until after the City has executed a Professional Services Agreement with the Selected Respondent. In the event a Respondent wishes to claim portions of its Proposal exempt from disclosure under the Public Records Act, it is incumbent upon Respondent to clearly identify those portions with the word “confidential” printed on the lower right- hand corner of the page, along with a written justification as to why such information should be exempt from disclosure. However, the City will make a decision based upon applicable laws.

The City shall notify Respondent of any materials or information that the City does not believe are entitled to exemption from the Public Records Act, and Respondent shall have five (5) business days from such notice to:
a. withdraw its Proposal;
b. withdraw such information from its Proposal; or
c. withdraw such information and replace it with substituted information for which Respondent does not claim an exemption.

Proprietary or confidential data must be readily separable from the Proposal in order to facilitate eventual public inspection of the non-confidential portion of the Proposal.

Confidential data is normally restricted to confidential financial or proprietary information.

The cost of Services shall not be designated as proprietary or confidential information.

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SECTION VIII. SCOPE OF SERVICES
A. Scope of Services:

A general draft scope of services is given in Attachment A. A detailed Scope of Services will be developed during negotiations. The scope of services presented herein is intended to cover the professional engineering services necessary and/or other related work and shall be used as the basis of negotiations. In addition, consultant shall agree to perform the management and project controls specified in the Draft Scope of Services.

Consultant is encouraged to include in the proposal any additional tasks and/or deliverables beyond the Draft Scope of Services that the consultant may find necessary or beneficial in order to deliver a successful project.

The City reserves the right to enter into agreements for none, a portion, modified portions, or all of the work listed in this Request for Proposal. The City reserves the right to issue notice(s) to proceed for some or all the work up to 90 days after the City Council approves the agreement.

SECTION IX. STANDARD PROFESSIONAL SERVICES AGREEMENT AND

INSURANCE REQUIREMENTS
The standard professional services agreement is attached as Attachment B.

The insurance requirements are described in Section 12 Insurance of the City’s Standard Professional Services Agreement. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. The selected consultant shall agree to provide the City with a copy of said policies, certificates, and/or endorsements.

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59 Foster City Bicycle and Pedestrian Master Plan
Attachment A – Draft Scope of Services

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ATTACHMENT A

DRAFT SCOPE OF SERVICES

FOR PROFESSIONAL ENGINEERING SERVICES
FOR

THE FOSTER CITY BICYCLE AND PEDESTRIAN MASTER PLAN

GENERAL
The City of Foster City (City) is a community in the San Francisco Bay Area with a population of approximately 33,000 residents and is made up of primarily residential development with a growing employment sector. Residential areas in the City typically have landscaped sidewalks, local parks, and local schools. The main residential and employment areas are separated by State Route 92 (SR 92) with residential on the western side of SR 92. Foster City was master planned in the 1960’s and has an established set of arterials that serve vehicles throughout the City such as Foster City Boulevard, East Hillsdale Boulevard, Beach Park Boulevard, and Edgewater Boulevard (see Foster City’s General Plan: Chapter 3 - Land Use and Circulation Element | Foster City California which includes a map of the City’s roadway network and bicycle facilities).

In 2018, Foster City performed a Bicycle Network Assessment and Safe Routes to School Assessment. The City’s Bicycle Network Assessment evaluated existing bicycle facilities and provided recommendations for future facility locations and improvements. Under the Safe Routes to School Program, Foster City performed multi-modal transportation assessments at each of Foster City’s schools and recommended improvements to increase safety for students and staff.

Cycling and walking in the community is mainly a recreational activity, rather than a means of transportation. The City’s existing bicycle network consists of paths (Class 1 – including the levee pathway), bicycle lanes (Class II), and bicycle routes (Class III – sharrows) that are mainly along arterials and high-speed roads. Other bicycle facilities are short, disconnected bicycle paths in parks or on the Bay Trail. Most existing cycling facilities are only comfortable for skilled urban cyclists, which represent a small percentage of the overall cycling population. The City’s main pedestrian areas are the Foster City Lagoon and Bay Trail, which provide buffered recreation from major roads.

The City wishes to create a comprehensive Bicycle and Pedestrian Master Plan which will:

•Present and detail the existing bicycle network;
•Identify current gaps and future opportunities to improve pedestrian and bike ridership;
•Provide connections between Foster City’s existing bicycle and pedestrian network;

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•Consider greater regional connections and future developments outside of the City;
•Support and advance the City’s efforts toward creating safe routes to school and ensuring equitable access to planned or developed facilities and amenities throughout the City;
•Provide recommendations for bicycle and pedestrian needs and facility recommendations;
•Identify and prioritize potential projects to enhance the existing bicycle and pedestrian network.
•Propose an implementation plan.

Consultant(s) shall be responsible for providing transportation planning, engineering, documentation, and support necessary efforts for the preparation and adoption of a new Bicycle and Pedestrian Master Plan.

The project will be administered by the Foster City Public Works Department with assistance from other City departments. The selected consultant shall provide leadership for the entire consultant team and is expected to work closely with City staff, the Traffic Review Committee (City’s Bicycle Pedestrian Advisory Committee), and the broader community to identify project needs and potential solutions. Consultant(s) shall attend coordination meetings and other special purpose meetings as delineated.

Consultant(s) shall be responsible for facilitating community outreach in coordination with the City. While significant outreach was conducted for the previous 2018 studies, the City intends to build upon existing knowledge and conduct additional public outreach events for feedback through the project tasks.

The consultant team shall include all disciplines necessary to create a Bicycle and Pedestrian Master Plan. The following is a list of anticipated consultant services required.

Consultant Team Services:
•Transportation Planning
•GIS Analysis
•Document preparation and drafting
•Public Outreach/Marketing Materials
•Traffic Engineering

The scope of services is arranged into seven (7) tasks, which may change as a result of negotiations.

1) Project Management and Work Plan
2) Existing Conditions, Data Collection, and Review
3) Public Outreach
4) Citywide Infrastructure Needs and Demands Assessment

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5) Goals and Policy Development
6) Recommendations and Implementation Strategy
7) Draft and Final Plan

SCOPE OF WORK BY TASK

The City will authorize, in writing, consultant(s)’ work on each task. The City may issue written authorization to proceed with a task prior to the completion of a preceding task.

Upon receipt of a written authorization to proceed, consultant(s) shall begin work on the designated task and diligently prosecute the work to completion.

Consultant and its sub-consultants, if any, shall separately track and report costs for each project and task.

The City may reject incomplete submittals or submittals which, in its sole judgement, were not subjected to an adequate quality control review.

A list of expected deliverables is included for each task. Consultant is encouraged to include in the proposal any additional deliverables beyond the Draft Scope of Services that the consultant may find necessary or beneficial in order to deliver a successful project.

I. TASK 1 – PROJECT MANAGEMENT AND WORK PLAN

A. Project Management and Controls

1. The consultant shall designate a Project Manager acceptable to the City. The Project Manager will be responsible for the work including developing the work plan; implementing the project management procedures and controls; and maintaining effective communications among the sub-consultants, City, and other involved agencies and organizations for the duration of the project.

If Consultant wishes to propose a substitute at any time during the duration of the project, the City shall approve consultant’s Project Manager.

2. Within fifteen (15) calendar days after receipt of the Notice to Proceed, the consultant shall submit to the City a final work plan that shall include:

a) Description of the consultant's approach to performing the scope of services, including any constraints, specific strategies, or special considerations that apply. (This may be as outlined in the consultant's proposal).
b) The roles and responsibilities of the project team members including sub-consultants.

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c) A schedule that details project activities in an appropriate time frame consistent with the duration of this Agreement.

3. To support each invoice, the consultant shall furnish a project update that shall include the following:

a) A narrative progress report of specific accomplishments during the reporting period, problems encountered, or anticipated
accomplishments scheduled for the next reporting period.

b) A cost report for each specific consultant’s service that shows:
b.1. The current period and cumulative expenditures to date. b.2. The estimated date to complete each task.

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

5. Other project management tasks include:
•Organize and document monthly team meetings.
•Creation of a shared Project directory (Sharepoint)

Deliverables:
•Project directory
•Monthly Invoice Submittals
•Agendas and meeting summaries for monthly team meetings

B. Preparation of Work Plan

The consultant shall develop a work plan and schedule that will provide an overview of the objectives of the BPMP, introduce scope of work, establish a meeting and presentation schedule (team meetings, City Council, Traffic Review Committee and public meetings for community participation), and establish communication channels with other departments, local and regional bicycle/pedestrian committees, and the general public.

Deliverables:
•Kick-Off Meeting
•Detailed work plan and schedule encompassing the full scope of work, meeting and presentation schedule, engagement with City staff, the City’s Traffic Review Committee, local bicycle advocacy groups, and written comments.

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II. TASK 2 – EXISTING CONDITIONS, DATA COLLECTION AND REVIEW The purpose of Task 2 is to establish the present conditions, challenges, and opportunities of Foster City’s existing bicycle and pedestrian network based on available data and studies.

The consultant will perform a detailed review of previous City studies and the General Plan, in addition to other relevant City, local, and regional documents to prepare an Existing Conditions Report/Memorandum which analyzes and incorporates the following:

1. Current projects and programs, as well as projects implemented since the previous 2018 studies

2. Existing bicycle and pedestrian route networks and facilities (crosswalks, bike racks, curb ramps, sidewalks, etc.)

3. City and regional policy related to pedestrian and bicycle travel

4. Collision data for the past 10 years (bicycle, pedestrian, and vehicle)

5. Safe Routes to School data

6. Traffic volume and speed data

The consultant will utilize this analysis and research to create an inventory of existing facilities and programs that demonstrate current challenges and opportunities for the City, supplemented by maps and graphics that demonstrate progress made since 2018 and challenge and opportunity areas within the City.

Deliverables:
•Existing Conditions Report/Memorandum including existing conditions maps (PDF) with associated GIS layers and data
•One (1) round of revisions with TRC on Existing Conditions Report/Memorandum
•Transmittal letter identifying if the existing data is adequate for the planning process or if new data needs to be collected, with an outline of the types of data collection activities that are recommended, such as field audits

III. TASK 3 – PUBLIC OUTREACH
Public outreach will be an important component of the City’s Bicycle/Pedestrian Master Plan. Outreach will aim to include the community throughout the plan development process, ensuring that the Final Plan will be based on community priorities, opinions, and feedback.

This task includes various phases of outreach, beginning with strategy development and a Public Participation Plan. Proposed outreach methods could include pop-ups, walking/biking tours, and community workshops accompanied by online interactive maps and surveys. The consultant will be expected to attend up to four Traffic

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Review Committee (TRC) meetings to review deliverables.

Outreach efforts in this task should focus on the ways residents use existing facilities, safety concerns, and work to identify major barriers to pedestrian and cyclist usage throughout the City. The consultant should reference and incorporate Foster City’s Safe Routes to School Study to advance its efforts in key areas throughout the City.

Deliverables:
•Public Participation Plan that summarizes the recommended community outreach activities to be performed
•Attendance and presentation (as needed) at four (4) expected TRC meetings to receive feedback from committee members on major deliverables
•One (1) round of revision with TRC on the Public Participation Plan •Facilitation and materials for three outreach events, including summary of outreach event
•Online surveys, interactive maps, etc.
•Preparation of outreach materials such as FAQ sheets

IV. TASK 4 – CITYWIDE INFRASTRUCTURE NEEDS AND DEMANDS

ASSESSMENT
The needs and demands assessment describes the barriers to pedestrian and bicyclist activity in Foster City through multiple levels of analysis.

This task includes the creation of a needs and demands summary memo to ensure the proposed system meets the needs of all ages and abilities and enables users to travel to high use centers. The consultant shall incorporate information from the previous task to perform three types of analyses as part of the needs and assessment memo:
•Network demand for pedestrian and bicycle facilities
•Connectivity gaps throughout the City’s bicycle and pedestrian network •Relative comfort and safety for pedestrians and cyclists The Network Demand analysis should examine locations in the community that are major destinations or activity generators along with commuting profiles and include a traffic count for cyclists and pedestrians at key locations throughout the City.

The Connectivity analysis will document the existing bicycle and pedestrian networks and identify connectivity gaps between neighborhoods, community facilities, high use centers, and trails or pathways around Foster City. This analysis shall note geographical and infrastructure barriers and identify American with

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Disabilities Act (ADA) issues relative to bicycle and pedestrian access and infrastructure in support of the City’s recently updated ADA Transition Plan.

The Comfort and Safety analysis will utilize collision and accident data to identify areas for safety improvement and perform a Level of Traffic Stress (LTS) analysis on all existing bike and pedestrian paths in the City.

The needs and demands assessment memo shall include identification of additional opportunities to enhance the safety and accessibility of the network.

Deliverables:
•Traffic counts for bicyclists and pedestrians
•Needs and Demands Assessment memo
•Accompanying maps and GIS data/layers to show the analysis performed

V. TASK 5 – GOALS AND POLICY DEVELOPMENT
Goals and Policy Development
This task promotes the development of short- and long-range direction for bicycle and pedestrian routes and facility planning by reviewing existing plans and policies in relation to public feedback and current needs, demands, and stresses on the network.

The consultant will draft new goals and policies that reflect the recommendations from the City’s existing transportation-related efforts and studies, including the Safe Routes to School Study, Foster City Climate Action Plan, and Foster City Complete Streets Policy. Additionally, improvements based on Assembly Bill 413 must be incorporated into the policy development process. The City may adopt a Local Roadway Safety Plan (LRSP) and accompanying vision zero goal. Should the City adopt the LRSP, goals related to traffic safety from Foster City’s LRSP will also be included.

Ultimately, these new goals and policies will guide the creation of a safe, connected, and comfortable transportation network for all users.

Deliverables
•Draft goals and policies in a memorandum format

VI. TASK 6 – RECOMMENDATIONS AND IMPLEMENTATION STRATEGY A. Network Recommendations
The objective of this subtask is to establish Foster City's proposed bicycle and pedestrian network through recommended projects, informed by previous phases.

This subtask involves the development of the new Citywide Bicycle and Pedestrian network, demonstrating additions since the 2018 Citywide

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Network Assessment Study and additional routes and linkages to complete the network, including identification of existing routes that should be revised based on current findings and needs. The new bicycle and pedestrian network should consider connections to local and regional bicycle and pedestrian networks as well as:

1. Comply with the Foster City Complete Streets Policy;

2. Advance the Foster City Safe Routes to School Study; and

3. Identify opportunities to incorporate green infrastructure per the City’s Green Infrastructure Plan.

Recommended projects can include network improvements, spot improvements, inclusion of planned CIPs, and programs and policies to promote education, enforcement, and evaluation. The recommendations shall include bicycle and pedestrian systems and programs as well as recommended project improvements.

Deliverables:
•Proposed bicycle and pedestrian network map with opportunities for new routes, facilities, etc. (PDF, GIS)
B. Implementation Plan and Prioritization
To better plan for bike and pedestrian improvements, this subtask prioritizes recommended projects based on agreed upon evaluation criteria and provides an overview of funding opportunities for projects with feasible timeframes for completion.

This subtask involves the development of an implementation plan that includes details on cost, responsible department, scheduling, and appropriate funding. The consultant will create a scoring matrix to prioritize projects in the implementation plan and identify 3-5 priority projects for further analysis and study in the next subtask. The implementation plan should be organized by into a five-year time span, including identification of high impact, low-cost projects that the City can immediately accomplish.

The consultant shall coordinate with staff to identify potential funding sources. Projects should be clearly identified and cross-referenced with approved or future projects in the City’s CIP budget. Based on the information available, a financial plan should be developed.

Deliverables:
•Implementation plan in memorandum format addressing the implementation strategy, with funding strategies
C. Priority Project Feasibility
Based on the prioritization in the previous subtask and resulting priority

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projects, the consultant will perform a feasibility analysis on up to five projects. For selected bicycle and pedestrian priority projects, the consultant will draft preliminary designs to help facilitate and guide future CIPs. Expected data and analysis may include:
•A feasibility analysis with a field visit for measurement and as built verification
•Rough site plan with upgrades/changes and suggested material to be used
•Typical cross section of road
•Project description
•Further needed analysis
•Rough Order of Magnitude costs
Deliverables:
•Detailed recommended bicycle and pedestrian project sheets for up to five (5) priority projects
•One (1) round of revision with TRC on the draft goals and policies and priority projects
VII. TASK 7 – DRAFT AND FINAL PLAN
This task will assemble information from the above tasks into a Draft Citywide Bicycle and Pedestrian Master Plan for review and comment by staff. Once in draft form, the Master Plan will be presented to the public (via online comment), TRC (via in-person meeting), and City Council (via in-person meeting). Following comments and feedback received, the consultant will prepare a final version of the Plan and present the final Plan to City Council for adoption.

Deliverables:
•Draft Bicycle and Pedestrian Master Plan Document, maps, GIS data, etc. •Up to three draft revisions (Staff, TRC/Public, Council) •Draft presentation to public via online document review/commenting portal •Materials and presentation at up to two (2) City Council Meetings (in-person) •Final Report/Plan

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ATTACHMENT B

PROFESSIONAL SERVICES AGREEMENT

FOR PROFESSIONAL ENGINEERING SERVICES
FOR

THE FOSTER CITY BICYCLE AND PEDESTRIAN MASTER PLAN
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 engineering 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

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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 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 less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon 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,

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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.

4. Employee Wages; Records; Apprentices: Consultant shall pay prevailing wages to its employees on any agreement in excess of $1,000.00. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, are on file at the County’s Capital Projects Office and may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Consultant shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code.

Consultant and all subconsultants shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Consultant shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds $2,000 and is funded with federal funds, then Consultant shall pay federal Davis Bacon wages and comply with applicable federal requirements.

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

6. Records. CONSULTANT shall keep and maintain accurate records of all

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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.

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

8. 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.

9. 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.

10. Relationship of Parties. CONSULTANT is an independent Contractor and

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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.

11. 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.

12. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers or agents 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

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California Civil Code; provided, however, that nothing herein contained shall be construed to require CONSULTANT to indemnify City of Foster City and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Sections 2782 and 2782.8 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.

13. 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.

14. 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.

15. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:

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employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

16. 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)

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

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

19. 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.

20. 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.

21. 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

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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.

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

23. 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

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applicable law, shall be cumulative.

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

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

Any Force Majeure event with a duration in excess of not less than 30 days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

26. 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: _________________________________ Patrick Sullivan, Mayor
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

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APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

Type Name & Title of CONSULTANT
Authorized to Sign

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EXHIBIT A

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

DELIVERABLES FOR
[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.

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

1.1DELIVERABLES: List of Deliverables

1.2OTHER:

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

2.1SERVICES: List of Services

END OF EXHIBIT A

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EXHIBIT B
CONSULTANT’S FEE SCHEDULE
[Specify Consultant’s hourly rates for which services hereunder shall be performed]

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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 performance of Consultant's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Consultant shall not perform any work under this Agreement until Consultant has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. Consultant shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Consultant or City 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 five million dollars ($5,000,000) 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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☒ 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' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate.

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

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

2.City 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.

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3.Insurance terms and conditions:

3.1 Cancellation 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.

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 resulting 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 insurance. 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.

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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 carriers and request that the risk of this project be excluded from their practice policies. Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City'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

5.5 Attachment 2 - Request for Proposals

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note:

MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

Other:

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

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

Professional Liability:

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

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

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

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

5.5 Attachment 2 - Request for Proposals

86 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.

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

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

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

5. 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]

5.5 Attachment 2 - Request for Proposals

88 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

5.5 Attachment 2 - Request for Proposals

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6 3
DATE: November 4, 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: AWARD OF AN AGREEMENT TO THERMAL MECHANICAL INC.

FOR PROGRAMMED MAINTENANCE AND SET TIME AND

MATERIALS RATES FOR REPAIRS TO CITYWIDE HEATING,

VENTILATION AND AIR CONDITIONING (HVAC) SYSTEMS

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the award of an agreement to Thermal Mechanical Inc. in the amount of $28,277 annually for Citywide HVAC System Programmed Maintenance and System Repair from January 1, 2025, through December 31, 2027, with the option to extend through December 31, 2029 and authorizing time and materials rates for unforeseen repairs, not to exceed $60,000, or any future limit that may be adopted by the Council, for each single repair for an amount not to exceed $150,000 annually; and finding that this action is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 (c) (Class 1-Existing Facilities).

EXECUTIVE SUMMARY
A Request for Proposal (RFP) was developed to address routine HVAC maintenance and to allow the City to engage the same vendor to repair unforeseen issues on existing HVAC equipment. The scope of work requested included routine service and standard repairs to existing equipment. It did not include “stand alone” replacement projects or improvement projects. The lowest proposal was submitted by Thermal Mechanical, Inc., which is the City’s current HVAC service provider and is well acquainted with the City’s HVAC systems.

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BACKGROUND/ANALYSIS
The Building Maintenance Division of the Public Works Department maintains all of the City’s buildings and facilities. The City contracts for routine HVAC service and repair for these buildings and facilities, which is specialized work that requires certifications not held by Building Maintenance Division staff.

At its meeting on August 19, 2024, City Council authorized the issuance of a Request for Proposal (RFP), inclusive of both programmed maintenance and system repairs to existing equipment in order to identify an HVAC maintenance contractor that will provide the City with the services needed at the best value. In response to the Request for Proposal, the City received proposals from three (3) HVAC vendors. No proposals were disqualified based on staff assessment of the proposals and previous experience with the vendors. The lowest proposal was submitted by Thermal Mechanical Inc., which is the City’s current HVAC service provider and is well acquainted with the City’s HVAC systems.

Table 1 summarizes the programmed maintenance cost proposals from the three (3) companies. At the time the RFP was issued, the timing of the Recreation Center closure had not been finalized. Therefore, the RFP included the Recreation Center in the scope of work. Now knowing that the existing Recreation Center facility will be fully decommissioned this calendar year, proposed service on this facility is removed from the total contract cost as shown below.

Table 1: HVAC Vendor Proposals
Thermal
Mechanical
United
Mechanical
A & B
Mechanical
Controls Annual Maint
All buildings 2x annual
$1,475.50 x2=
$2,951.00
$13,474.00 $14,500.00
(by Syserco)
City Hall
4x annual
$1,881.60 x4=
$7,526.40
$22,013.00 $6,975.00
Council Chambers
3x annual
$910.80 x4=
$2,732.40
$2,863.00 $17,900.00
Police Station
4x annual
$1,771.20 x4=
$7,084.80
$9,411.00 $35,000.00
Library/Comm Cntr
4x annual
$1,208.40 x4=
$4,833.60
$12,093.00 $5,400.00
Rec Center
4x annual
$2,889.60 x4=
$11,558.40
$15,002.00 $39,500.00
VIBE/Teen Center
3x annual
$331.20 x3=
$993.60
$3,316.00 $3,500.00
Corporation Yard
4x annual
$538.80 x4=
$2,155.20
$12,169.00 $3,500.00

TOTAL COST PER

YEAR QUOTES
$39,835.40 $90,341.00 $126,275.00
Subtract Recreation
Center 4x Annual
-$11,558.40 -$15,002.00 -$39,500.00

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Total Net Cost Per
Year
$28,277.00 $75,339.00 $86,775.00
The new Recreation Center Building is anticipated to be completed and open by June 2026. Staff will engage in discussions with the selected vendor regarding service to the new Recreation Center and may need to bring a contract amendment to City Council at that time.

In addition to routine and preventative maintenance, proposers provided a set time and materials rate for unforeseen repairs to the system up to the City Manager, or their designee’s signing authority, which is currently $60,000, but may be increased to $75,000 as of January 1, 2025, and additionally through the contract term, as allowed under the state Public Contracts Code and authorized by City Council at a future meeting. Thermal Mechanical provided the lowest hourly rates for time and material repairs as well.

This agreement is not intended to encompass “stand alone” replacement or improvements projects, or major repairs which will continue to be performed pursuant to State law, the City’s Purchasing Ordinance, and the City’s purchasing policy.

CEQA
This action is categorically exempt from the requirements of the California Environmental Quality Act (“CEQA") pursuant to Title 14 California Code of Regulations § 15301 (c) as a Class 1 categorical exemption (Existing Facilities) as it involves the maintenance of existing building systems.

FISCAL IMPACT
The annual cost for preventative and routine maintenance under this agreement is $28,277 per year. Additional costs for identified unanticipated repairs will be charged at the time and materials rate within the City Manager’s signing authority, which is currently $60,000, but may be increased to $75,000 as of January 1, 2025, as allowed under the state Public Contracts Code and authorized by City Council at a future meeting. The total annual cost for repairs is not to exceed $150,000 in total. The City Council would have to authorize repair costs over the $150,000 limit in any given calendar year prior to work being performed.

There is sufficient funding for this agreement in the FY 2024-2025 Annual Building Maintenance Budget.

ATTACHMENTS:

Attachment 1 - Resolution
Attachment 2 - Agreement

5.6 5.6 Staff Report

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1 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE AWARD OF AN AGREEMENT TO THERMAL MECHANICAL INC.

IN THE AMOUNT OF $28,277 ANNUALLY FOR CITYWIDE HEATING, VENTILATION

AND AIR CONDITIONING (HVAC) SYSTEM PROGRAMMED MAINTENANCE AND SYSTEM REPAIR FROM JANUARY 1, 2025, THROUGH DECEMBER 31, 2027, WITH THE OPTION TO EXTEND THROUGH DECEMBER 31, 2029 AND AUTHORIZING

TIME AND MATERIALS RATES FOR UNFORSEEN REPAIRS , NOT TO EXCEED $60,000, OR ANY FUTURE LIMIT THAT MAY BE ADOPTED BY CITY COUNCIL, FOR EACH SINGLE REPAIR FOR AN AMOUNT NOT TO EXCEED $150,000 ANNUALLY;

AND FINDING THAT THIS ACTION IS NOT SUBJECT TO REVIEW UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301(CLASS 1-EXISTING FACILITIES)

CITY OF FOSTER CITY
WHEREAS, the City of Foster City contracts for the service and maintenance of the Heating, Ventilation, and Air Conditioning (HVAC) equipment at its facilities; and WHEREAS, the City’s agreement for HVAC programmed maintenance and small- scale repairs to existing equipment will expire on December 31, 2024; and WHEREAS, at its meeting on August 19, 2024, City Council authorized the issuance of a Request for Proposal, inclusive of both programmed maintenance and system repairs to existing equipment in order to identify an HVAC maintenance contractor that will provide the City with the services needed at the best value; and WHEREAS, Thermal Mechanical Inc. submitted the lowest responsible and responsive cost proposal and has demonstrated its ability to perform the work in previous contracts with the City.

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

1. Authorize the Mayor to sign and execute an agreement with Thermal Mechanical Inc. from January 1, 2025 through December 31, 2027, with the option to extend through December 31, 2029, in the amount of $28,277 per year for programmed maintenance and establishing time and materials rates for unforeseen repairs not to exceed $150,000 in total and not to exceed $60,000, or the currently adopted purchasing policy limit, per task order for single repairs under this agreement, annually; and

5.6 Attachment 1 - Resolution

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7 2
1 2. Find approval of agreement categorically exempt from review under the California Environmental Quality Act pursuant to CEQA Guidelines section 15301 (c) (Class 1-Existing Facilities).

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

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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VENDOR AGREEMENT FOR

ANNUAL HEATING, VENTILATION AND AIR CONDITIONING (HVAC) SYSTEM

PROGRAMMED MAINTENANCE AND SYSTEM REPAIR
This Agreement is made and entered into as of the 4 th day of November, 2024 by and between the City of Foster City hereinafter called "CITY" and Thermal Mechanical, Inc. hereinafter called "VENDOR".

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

A. That CITY desires to engage VENDOR to provide a product and/or services to the CITY;
B. That VENDOR is qualified to provide the product and/or services to the CITY and;
C. That the CITY has elected to engage VENDOR upon the terms and conditions as hereinafter set forth.

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

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

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

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

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

2. Term; Termination.
(a) The term of this Agreement shall commence upon January 1, 2025 and shall expire upon December 31, 2027, unless extended at the CITY’s

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sole discretion for up to two (2) one-year (12 months) increments. CITY shall give VENDOR notice of its wish to renew at least 90 days prior to end of the existing term.
(b) Notwithstanding the provisions of (a) above, the City may terminate this Agreement without cause by giving written notice not less than thirty (30) days prior to the effective date of termination, which date shall be included in said notice. CITY shall compensate VENDOR for any product delivered and/or for services rendered, and reimburse VENDOR for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 3. In ascertaining the services actually rendered to the date of termination, consideration shall be given both to completed work and work in process of completion.

Nothing herein contained shall be deemed a limitation upon the right of CITY to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to CITY hereunder.

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

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sums indicated in Exhibit B, unless additional amounts have been approved in advance of supplying the product, performing the services or incurring the costs and expenses by CITY’s City Council evidenced by motion duly made and carried.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon VENDOR meeting contract milestones as defined in Exhibit B. Billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

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

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

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

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

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

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

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

10. Indemnity. To the fullest extent allowed by law, VENDOR hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, CITY or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, the negligence, intentional tortuous act or omission, or willful misconduct of VENDOR, its officers, employees, subcontractors or agents in the performance of any services or work pursuant to this Agreement.

The duty of VENDOR to indemnify and save harmless, as set forth herein,

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

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

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

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

Insurance Category Minimum Limits
Workers’ Compensation statutory minimum
Employer’s Liability $1,000,000 per accident for
bodily injury or disease
Commercial General $1,000,000 per occurrence and
Liability $2,000,000 aggregate for bodily
injury, personal injury and
property damage
Automobile Liability $1,000,000 per accident for
bodily injury and property
damage (coverage required to
the extent applicable to
VENDOR’s vehicle usage in
performing services hereunder)
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the CITY as an Additional Insured. Furthermore, the requirements for

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coverage and limits shall be the greater of either (1) the minimum coverage and limits specified in this Agreement or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured.

VENDOR agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by VENDOR shall agree to be bound to VENDOR and CITY in the same manner and to the same extent as VENDOR is bound to CITY under this Agreement and its accompanying documents. Subcontractors shall further agree to include these same provisions with any sub-subcontractors. A copy of the indemnity and insurance provisions of this Agreement will be furnished to the Subcontractor upon request. VENDOR shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the subcontract agreement and will provide proof of compliance to the CITY prior to commencement of any work by the subcontractor.

Concurrently with the execution of this Agreement, VENDOR shall, on the Insurance Coverage form provided in Exhibit D, or equivalent, furnish CITY with certificates and copies of all declaration and endorsement pages for the insurance policy or policies required hereunder. With respect to commercial general liability and automobile liability insurance coverage, VENDOR must obtain and provide the following original endorsements:
(a) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after CITY shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail; (b) Naming the CITY and Estero Municipal Improvement District, its Council, officers, boards, commissions, employees, and agents, as additional insureds; and
(c) Providing the additional insured coverage under VENDOR’s insurance policy shall be primary and non-contributory insurance with respect to CITY and Estero Municipal Improvement District, its Council, officers, boards, commissions, employees, and agents, and any insurance or self-insurance maintained by CITY for itself, its Council, officers, boards, commissions, employees, or agents shall be in excess of VENDOR’s insurance and not contributory with it. VENDOR and its insurer may not seek contribution from CITY’s insurance or self-insurance.

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The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY, to the extent required by this Agreement, before the CITY’s insurance or self-insurance may be called upon to protect CITY as a named Insured.

All self-insured retentions (SIR) must be disclosed to CITY for approval and shall not reduce the limits of liability coverage. Policies containing and SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named VENDOR/Named Insured or CITY.

CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Any and all Subcontractors shall agree to be bound to VENDOR and CITY in the same manner and to the same extent as VENDOR is bound to CITY under this Agreement. Subcontractors shall further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, in any agreement with sub- subcontractors to the extent that they apply to the scope of the sub- subcontractor’s work. A copy of the indemnity and insurance provisions of this Agreement shall be furnished to any subcontractor upon request.

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

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

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

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

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Building and Vehicle Maintenance Manager Kurt Zander VENDOR: Name Thermal Mechanical
Address 425 Aldo Avenue
City, State, Zip Santa Clara, Ca 95054
Attention: Wayne Shipley
Email Address:[email protected]

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

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

17. 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.

18. Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. 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.

19. 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

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8 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.

20. Conflict of Interest. VENDOR may serve other clients, but none who are active within the City of Foster City or who conduct business that would place VENDOR in a "conflict of interest" as that term is defined in State law.

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

22. PREVAILING WAGES. The services to be performed, and specifically repair services, include public works within the meaning of Labor Code Sections 1720 through 1861, and VENDOR must comply with state laws pertaining to prevailing wage and labor requirements, as more fully described in Exhibit E attached hereto and incorporated in this Agreement by reference.

21. Entire Agreement. This Agreement, including Exhibits A, B C, D, and E, comprises the entire Agreement.
[Signatures on Next Page]

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

CITY OF FOSTER CITY
Dated: _________________________________ Patrick Sullivan, Mayor
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney
VENDOR
Dated:

David Rood, President

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10 EXHIBIT A
SCOPE OF WORK and SCHEDULE
FOR

ANNUAL HEATING, VENTILATION AND AIR CONDITIONING (HVAC) SYSTEM

PROGRAMMED MAINTENANCE AND SYSTEM REPAIR
Locations to Be Serviced:

Location Name Address
Annual Service
Frequency
HVAC Units
Boiler Units
Exhaust Fan
Units
Controls Annual Maintenance All Buildings 1x NA NA NA
Police Station 1030 E. Hillsdale Bl. 4x 17 0 4
Council Chambers 620 Foster City Bl. 3x 10 0 2
City Hall 610 Foster City Bl. 4x 6 2 6
Library/Community Center 1000 Shell Bl. 4x 2 1 3
Corporation Yard 100 Lincoln Centre Dr. 4x 2 1 5
Teen Center 670 Shell Bl. 3x 4 0 4
* *Service may not be required depending upon the building demolition and construction schedule PART A: PROGRAMMED MAINTENANCE TASKS

PACKAGE AIR CONDITIONING UNITS & HEAT PUMPS

1. Lubricate fan bearings per manufacturer’s recommendation.

2. Check belts and sheaves, adjust as required.

3. Check coils for leaks.

4. Lubricate dampers and linkages.

5. Check drain pan and drains.

6. Inspect filters and change quarterly.

7. Check motor operating conditions.

8. Inspect electrical connections, contactors, relays, and operation/safety controls.

9. Check compressor oil level if accessible.

10. Check crankcase heater operation.

11. Start compressor. Check operation conditions.

12. Secure unit panels and inspect roof curb flashing.

13. Inspect temperature, safety and operational controls.

14. Check burner section for cleanliness and proper operation if applicable.

15. Check reversing valve operation if applicable.

16. Boiler Maintenance bi-annually
CONDENSING UNITS — AIR COOLED

1. Review manufacturer's recommendation for start-up.

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11 2. Energize crank case heater per manufacturer's recommendation for warm-up.

3. Visually inspect for leaks.

4. Vent system of trapped air.

5. Inspect electrical connections, contactors, relays, and operating/safety controls.

6. Check compressor oil level.

7. Check and test all operation controls.

8. Check operation conditions.

FAN COIL UNITS

1. Inspect motor.

2. Lubricate fan bearings

3. Inspect coil(s) for leak dependent on accessibility.

4. Inspect drain pan and trap.

5. Inspect belt and adjust tension.

6. Test operation unit internal on-off switch.

7. Clean or change filters per schedule.

8. Check condensate pump.

BOILERS

1. Inspect fireside of boiler and record condition.

2. Brush soot and dirt from flues and combustion chamber.

3. Inspect firebrick and refractory.

4. Visually inspect boiler pressure vessel for possible leaks and record condition.

5. Inspect low-water cutoff, manifolds and tubes. Clean as necessary.

6. Check hand valves and automatic feed equipment.

7. Inspect burner, flame detector and combustion air equipment.

8. Check fuel piping for leaks and proper support.

9. Check burner sequence or operation and combustion air equipment.

10. Check fuel supply.

11. Check auxiliary equipment operation.

12. Inspect burner, boiler and controls prior to start-up.

13. Start burner, check operation controls.

14. Check compressor unit.

15. Inspect spark igniter and replaced as scheduled.

16. Inspect and clean manifolds and tubes as necessary.

17. Test safety controls.

EXHAUST FAN UNITS

1. Inspect fan belts for wear and tension.

2. Check shaft bearing lubrication.

3. Remove exterior dust build-up on motor housing to ensure proper motor cooling.

4. Inspect electrical connections and operation/safety controls.

5. Check motor operation conditions.

BUILDING AUTOMATION SYSTEM
Up to FOUR scheduled EIGHT-hour visits per year to accomplish the following:

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12 1. Software maintenance, file maintenance and backups (on-site) and system optimization.

2. Investigation of reported problems from trouble log.

3. Control sequence evaluation, modification and enhancement.

4. Historical log review.

5. Field sensor verification and calibration spot checks.

6. Hardware communication tests and functional verification.

7. Control program and loop evaluation, modification and enhancement.

8. Hours of service: VENDOR shall be available for extra calls on a daily basis, five days per week, Monday through Friday. Standard hours are 7:00 am to 4:00 pm Monday through Friday.

9. Response time to an after-hours request must be within four hours.

Programmed Maintenance Project Schedule: As shown in chart above.

PART B: SYSTEM REPAIR
As authorized by the City, perform repairs and preventative maintenance not covered in Part A of the Scope of work on existing whole system components, encompassing all system parts from package units to vents, as needed and authorized by City staff by written Task Order. Examples may include but are not limited to repair of leaks, replacement of failed parts, electrical issues, mechanical failures, valve replacement.

Under no circumstances shall any single repair under this Agreement exceed a total cost, including time and materials, of $60,000, or $75,000, as may be approved by the Council after January 1, 2025.

System Repair Project Schedule: As needed and as requested by City Staff.

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13 EXHIBIT B
VENDOR’S FEES and PAYMENT MILESTONES
Summary
Annual Programmed Maintenance Contract
Services (Not to exceed amount):
$28,277.00
System Repair Contract Services: As authorized by City based on time and materials at hourly rates
below not to exceed the sum
$150,000 (one hundred fifty
thousand dollars) annually
Annual Increases
After the first calendar year of the Term of the Agreement, and after each subsequent year, including extensions pursuant to Section 2 of the Agreement, the not-to-exceed compensation paid to VENDOR for Programmed Maintenance shall increase 2.6%.

Itemized Fees
In addition to routine and preventative maintenance, VENDOR shall utilize the Hourly Labor and materials rate for unforeseen repairs to the system up to the City Manager’s, or their designee’s signing authority, which is currently $60,000, but may be increased by the City to $75,000 as of January 1, 2025.

Project Payment Schedule
Milestone
- For Programmed Maintenance: Upon billing for service at rates based upon proposal; separate bills for each building and each service - For System Repair: Upon billing for service at time and materials cost at rates shown below. Invoices shall specify the building location of the work and specify work undertaken, number of hours, hourly rate for all personnel, materials used and cost for materials. The cost of materials shall be paid by the City upon documentation of such costs, plus Vendor’s markup of 20%.

Hourly Labor Rates for System Repair/Preventative Maintenance of Existing Equipment Days of Week/Time of
Day
Rate Per Hour
Journeyman
Annual Increase to
Rate
Standard Rate Monday-Friday $198.00 %2.6
Overtime Rate Monday-Sunday $277.20 %2.6
Holiday Rate $277.20 %2.6

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14 EXHIBIT C
ADDITIONAL TERMS and CONDITIONS

1.VENDOR MUST BE A DELTA DIGITAL CONTROLS DISTRIBUTOR or provide Delta parts pricing and controls service staff info with proposal.

2.Service representative must check in with City Staff when on-site for scheduled service.

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15 EXHIBIT D

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

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

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

The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Vendor shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence and four million dollars ($4,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.
☒Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.

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

VENDOR shall require any Subcontractors to provide workers' compensation for all of the Subcontractors' employees, unless the Subcontractors' employees are covered by the insurance afforded by VENDOR. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, VENDOR shall provide and/or require each Subcontractor to provide adequate insurance for the coverage of employees not otherwise covered. Vendor shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease.
□ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate.
□ 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.

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

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

2.City as Additional Insured
On Vendor's Commercial General Liability and Automobile policies, the City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be

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17 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:

3.1Cancellation of Insurance
The above stated insurance coverages required to be maintained by Vendor shall be maintained until the completion of all of Vendor's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by Vendor shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Vendor in the case of non- payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein. Vendor shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

3.2All 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.

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

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

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

3.6Failure by Vendor to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Vendor. City , at its sole option, may terminate this Agreement and obtain damages from Vendor resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to Vendor, City shall deduct from sums due to Vendor any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Vendor pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Vendor agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Vendor of its obligation to obtain and maintain the insurance coverages required by this Agreement.

3.7Should 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.

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18 3.8City 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 Vendor and its subcontractors shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. Vendor's fees under this Agreement (and the fee of its subcontractors under subcontractor agreements) shall be reduced by the amount of insurance premiums that may be avoided by Vendor and its subcontractors by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Vendor's and subcontractors policies. Construction Manager and its subcontractors shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

Other:

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

Professional Liability:

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

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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20 Exhibit E

LABOR CODE REQUIREMENTS FOR PUBLIC WORKS PROJECTS

1.Public Works Project/ Prevailing Wage. The work to be performed under this Agreement is for “Public Works” within the meaning of Labor Code Sections 1720 to 1861. CONTRACTOR must therefore comply with state prevailing wage and labor law (California Labor Code Sections 1720 to 1780, California Code of Regulations, Chapter 8, Subchapter 3, commencing with Section 16000) for work performed under this Agreement. CONTRACTOR’s obligations under prevailing wage and labor compliance laws include, among other things, to: pay at least the applicable prevailing wage and travel and subsistence payments for public works activities performed under this Agreement; comply with overtime and working hour requirements; comply with apprenticeship obligations; comply with payroll recordkeeping requirements; and comply with other obligations as required by law.

Copies of the applicable prevailing wage rates are on file with the CITY’s Project Manager, and shall be made available to any interested party upon request.

CONTRACTOR shall ensure that the above requirements are included in all its contracts and any lower tier subcontracts for activities for the Project.

2.Registration with Department of Industrial Relations. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

CONTRACTOR must be registered with the Department of Industrial Relations under Labor Code section 1725.5 when bidding and throughout performance of this agreement.

3.Wage Rates.
3(A).It shall be mandatory upon CONTRACTOR and upon any subcontractor to pay not less than the specified rates to all laborers, workers, and mechanics employed in the execution of the Contract. It is further expressly stipulated that CONTRACTOR shall, as a penalty to CITY, forfeit two hundred dollars ($200.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic paid less than the stipulated prevailing rates for any work done under this Agreement by CONTRACTOR or by any subcontractor; and CONTRACTOR agrees to comply with all provisions of Section 1775 of the Labor Code.
3(B).The CITY will not recognize any claim for additional compensation because of the payment by the CONTRACTOR of any wage rate in excess of the prevailing wage rate set forth in the Agreement. The possibility of wage increases is one of the elements to be considered by the CONTRACTOR in determining its bid, and will not under any circumstances be considered as the basis of a claim against the CITY on the Agreement.

4.Payroll Records. The CONTRACTOR and each subcontractor must comply with Labor Code Section 1776 and all requirements of contractors stated therein for the maintenance, inspection and certification of payroll records. The CONTRACTOR

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21 and each subcontractor who fails to timely furnish payroll records or make the records available for inspection will forfeit to the CITY the penalty for non- compliance set forth in Labor Code Section 1776 for their respective failure.

5.Discrimination. The CONTRACTOR and each subcontractor must comply with the anti-discrimination requirements of Labor Code Section 1777.6.

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7 5
8 DATE: November 4, 2024

TO: Mayor and Members of City Council
President and Members of the EMID Board of Directors
VIA: Stefan Chatwin, City/District Manager
Marlene Subhashini, Assistant City/District Manager

FROM: Andrew Brozyna, Public Works Director
Diane Pitman, Administrative Services Director
DEPARTMENT: Public Works
SUBJECT: OVERHIRE OF A PRINCIPAL MANAGEMENT ANALYST

POSITION

RECOMMENDATION
It is recommended that the City Council/EMID Board adopt the attached resolutions authorizing an overhire for the Principal Management Analyst in the Public Works Department from January 1, 2025 through April 30, 2025 with the cost of the salary and benefits being offset by budgetary savings in Funds 001, 401 and 451.

EXECUTIVE SUMMARY
The Principal Management Analyst position in Public Works Department (PW) is anticipated to become vacant in May 2025.

This key position is responsible for the development of the highly complex PW annual and long-term budgets, ensuring that PW staff are able to properly access funding for important purchases, managing the Solid Waste Program and assisting with special PW and Citywide projects.

The incumbent in the position has considerable tenure which brings with it substantial knowledge and experience that will be difficult to transfer without cross training. PW is requesting Council/Board authorization to overhire the position starting January 1, 2025.

It is anticipated that the cost of the overhire will total approximately $91,000 in FY 2024-

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7 5
8 2025 from the General Fund 001 (70%), the Water Enterprise Fund 401 (15%) and the Wastewater Enterprise Fund (15%), and that budgetary savings in these funds is anticipated to be sufficient for this expense.

BACKGROUND/ANALYSIS
The Public Works Department (PW) manages infrastructure engineering, construction, operations and maintenance programs for streets, lagoon, levee, drainage, buildings, water distribution, wastewater collection and treatment, and the City/District’s vehicle fleet. The Department also manages the City/District’s Capital Improvement Program, manages the Solid Waste program, and reviews infrastructure improvements for private developments.

PW is comprised of seven (7) divisions – the Engineering/Administration, Levee/Lagoon, Streets, Water, Wastewater, Vehicle and Building Divisions. The Department has two (2) analyst positions to support the organization’s needs. The Principal Management Analyst provides direct management of the Solid Waste program and supports all seven (7) divisions with contract and process management, budget development, policy writing and administrative analysis.

The incumbent in the Principal Management Analyst position has been with the City/District for twenty-eight (28) years, of which eight (8) years have been with PW. She came to the Department with considerable knowledge and experience of Foster City’s processes and has acquired a further breadth of knowledge and experience specific to PW that will be difficult to transfer without adequate opportunity for crossover training.

Specifically, the Principal Management Analyst is the point person for development of highly complex PW annual and long-term budget, including the Capital Improvement Program, Enterprise (Water and Wastewater) expenditures and revenues, legal noticing requirements of Proposition 218, Internal Service Fund revenue transfer calculations and the narratives and expenditure budgets of all divisions and PW-related Special Revenue Funds. Year round, the Principal Management Analyst consults with staff to determine the availability of, and how to properly access, funding for important purchases of services, supplies and projects crucial to fulfilling the Department’s mission.

The Principal Management Analyst is also the Solid Waste Program manager, managing the franchise agreement, coordinating events, representing Foster City’s interests on the RethinkWaste Technical Advisory Committee and ensuring that Foster City’s internal operations and the community are compliant with all relevant laws including SB 1383.

Finally, the Principal Management Analyst assists with special projects on behalf of the Department such as the Civics Academy, insurance reviews, RFP/agreement development, grant review and writing, and Citywide events.

The Principal Management Analyst position is anticipated to become vacant in May 2025.

In anticipation of this vacancy, the PW and Administrative Services Departments are in the process of conducting a recruitment to establish a list of eligible candidates for this key classification.

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7 5
8 To proactively prepare for the transition of duties associated with this position, staff recommends that the City Council/District Board authorize an overhire of the position starting on January 1, 2025. Overhiring is a key tool used in succession planning and can be an effective strategy for managing staffing transitions and institutional knowledge transfer, thus minimizing the workload impacts to remaining staff and impacts on service levels to the community during staff turnover. Filling this overhire position would allow the incumbent to conduct one-on-one orientation and training with the successor on all aspects of this complex and pivotal job.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The request for overhire of the position is exempt per CEQA Guideline Section 15061(b)(3), Common Sense Exemption.

FISCAL IMPACT
The cost to overhire the Principal Management Analyst position for a four (4) month period is estimated at a one-time additional cost in salary and benefits of $91,000 in FY 2024- 2025. It is anticipated that the cost of the overhire will total approximately $91,000 in FY 2024-2025 from the General Fund 001 (70%), the Water Enterprise Fund 401 (15%) and the Wastewater Enterprise Fund (15%), and that budgetary savings in these funds is anticipated to be sufficient for this expense.

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

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution

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RESOLUTION NO. __________

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

AUTHORIZING THE OVERHIRE OF A PRINCIPAL MANAGEMENT ANALYST

POSITION

CITY OF FOSTER CITY
WHEREAS, the Principal Management Analyst position in Public Works Department (PW) is anticipated to become vacant in May 2025; and
WHEREAS, this key position is responsible for development of the highly complex PW annual and long-term budgets, ensuring that Department staff are able to properly access funding for important purchases, managing the Solid Waste Program and assisting with special Department and Citywide projects; and
WHEREAS, the incumbent in the position has considerable knowledge and experience that will be difficult to transfer without cross training; and WHEREAS, it is anticipated that the cost of the overhire will total approximately $91,000 in FY 2024-2025 from the General Fund 001 (70%), the Water Enterprise Fund 401 (15%) and the Wastewater Enterprise Fund (15%), and that budgetary savings in these funds is anticipated to be sufficient for this expense.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Foster does hereby authorize the overhire of the Principal Management Analyst position for a period of four (4) months starting January 1, 2025
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 4th day of November, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.7 Attachment 1 - City Resolution

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RESOLUTION NO. __________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AUTHORIZING THE OVERHIRE OF A PRINCIPAL

MANAGEMENT ANALYST POSITION

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Principal Management Analyst position in Public Works Department (PW) is anticipated to become vacant in May 2025; and
WHEREAS, this key position is responsible for development of the highly complex PW annual and long-term budgets, ensuring that Department staff are able to properly access funding for important purchases, managing the Solid Waste Program and assisting with special Department and Citywide projects; and
WHEREAS, the incumbent in the position has considerable knowledge and experience that will be difficult to transfer without cross training; and WHEREAS, it is anticipated that the cost of the overhire will total approximately $91,000 in FY 2024-2025 from the General Fund 001 (70%), the Water Enterprise Fund 401 (15%) and the Wastewater Enterprise Fund (15%), and that budgetary savings in these funds is anticipated to be sufficient for this expense.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Estero Municipal Improvement District does hereby authorize the overhire of the Principal Management Analyst position for a period of four (4) months starting January 1, 2025.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 4 th day of November, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

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DATE: November 4, 2024

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

FROM: Andrew Brozyna, Public Works Director/District Engineer Francine Magno, Senior Civil Engineer
Jerrick Carandang, Associate Engineer
DEPARTMENT: Public Works
SUBJECT: CONTRACT AMENDMENT NO. ONE (1) IN THE AMOUNT OF $596,290 TO THE AGREEMENT WITH FREYER & LAURETA,
INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE

EMERGENCY GENERATOR REPLACEMENTS PROJECT (CIP
455-705)

RECOMMENDATION
It is recommended that the Board of Directors of the Estero Municipal Improvement District (EMID) adopt the attached resolution:

1. Authorizing the President to execute Contract Amendment No. One (CA #1) to the agreement with Freyer & Laureta, Inc. (Freyer & Laureta) dated October 10, 2024 in the amount of $596,290 to provide professional engineering services for the additional seven (7) generators and construction administration for all ten (10) generators for CIP 455-705;

2. Authorizing a project contingency in the amount of $59,000 with authority given to the District Manager to execute contract amendments up to the contingency amount; and

3. Finding that the project 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.) as this project is exempt from

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the provisions of CEQA pursuant to CEQA Guidelines 15032 as a Class 2 (Replacement or Reconstruction) because this project will be a replacement of existing facilities on the same site for the same purpose and capacity as the structure being replaced.

EXECUTIVE SUMMARY
CIP 455-705 was approved by the District Board as part of the Fiscal Year 2021-2022 budget to address the replacement of emergency generators and automatic transfer switches (ATS) located at ten (10) of the District’s lift stations. Staff prioritized the design and replacement of three (3) emergency generators at Lift Stations 22, 29 and 59; and ATS at Lift Stations 29 and 59.

CA #1 will provide design services for generators and ATS at the remaining seven (7) lift stations along with construction administration services on all ten (10) locations, which was not included in the initial scope of the agreement. The proposed fees, for the not-to-exceed amount of $596,290, have been determined reasonable. Funding is available in the project budget for CIP 455-705.

BACKGROUND
The District’s forty-eight (48) lift stations pump sewage to receiving manholes at higher elevations. Emergency generators power lift stations when power from PG&E is interrupted or shut down. The ATS sense when PG&E power is interrupted and cause the emergency generators to turn on. Without emergency generators, lift stations have the potential to overflow in the event of a power outage.

CIP 455-705 was approved by the District Board as part of the Fiscal Year 2021-2022 budget to address the replacement of emergency generators at ten (10) of the District’s wastewater lift stations (Lift Stations 10, 12, 14, 15, 16, 22, 26, 29, 43 and 59) and associated ATS with exception of the ATS equipment at Lift Station 22 which was deemed to be in good condition. Staff decided not to move forward with Lift Station 43 and elected, instead, to install a standby generator at Lift Station 40. The existing generators and ATS equipment scheduled for replacement are at the end of their useful lives.

Staff prioritized the design and replacement of the generators at three (3) locations, Lift Stations 22, 29, and 59. These three (3) are considered the most critical of the ten (10) in the project. Lift Stations 22 and 29 collect sewage from surrounding lift stations within their respective neighborhoods. In turn, both feed into Lift Station 59, which pumps all sewage to the Wastewater Treatment Plant in San Mateo.

In June 2022, the District Board authorized staff to issue an RFP to procure the services of a design firm to address the replacement of the three (3) emergency generators and ATS equipment.

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On August 15, 2022, the District Board adopted EMID Resolution No. 3672, authorizing the President to execute an agreement with Freyer & Laureta, in an amount not-to- exceed $240,128 for professional engineering services for generator and ATS replacement at the (3) priority locations.

On August 19, 2024, the District Board adopted EMID Resolution No. 3772, authorizing the President to execute an agreement with Bay City Electric Works for the purchase of the three (3) priority generators for Lift Stations 22, 29 and 59; and automatic transfer switches for Lift Stations 29 and 59.

ANALYSIS
The scope of work of the original agreement with Freyer & Laureta focused on the design of the three (3) priority lift stations (Lift Station 22, 29 and 59). It did not include construction administration services. The construction administration support will provide services such as but not limited to request for information (RFI) and change order (CO) responses, submittal reviews, attending vendor meetings, site visits, and project closeout.

The City’s adopted FY 2024-2025 Final Budget includes the Five-Year Capital Improvement Project Program. The Project Description for CIP 455-705 noted bringing forward to City Council approval of an amendment to the existing contract with Freyer & Laureta to include the remaining seven (7) generators into the design documents with the intent to bid all ten (10) generators together in the Winter 2025 (see pg. 363 of FY 2024-2035 Final Budget: Link).

Staff recommends proceeding with the contract amendment with Freyer & Laureta for the design of the additional seven (7) generators. Freyer & Laureta have proven expertise in the subject, and the most familiarity with the project due to their recent work on the generators at the three (3) priority locations. Staff is confident with Freyer & Laureta’s ability to perform the work on the remaining seven (7) generators.

CA #1 will provide design services for the remaining seven (7) generators and ATS equipment. The amendment will also provide construction administration services for all ten (10) lift stations. The design services will include tasks such as project management, data collection, preparation of pre-purchasing documents, preparation of construction documents, permit support, and bid advertising.

With the EMID Board’s approval of this resolution, Freyer & Laureta will proceed with construction administration support for the three (3) priority locations and begin design services on the remaining seven (7) locations.

CEQA
This project is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA

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Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.) as this project is exempt from the provisions of CEQA pursuant to CEQA Guidelines section 15302 as a Class 2 (Replacement or Reconstruction) because this project will be a replacement of existing facilities on the same site for the same purpose and capacity as the structure being replaced.

FISCAL IMPACT
The proposed amendment amount of $596,290 has been negotiated by staff and determined reasonable based on the scope of services and current Industry rates. With the execution of CA #1, the revised contract amount is $836,418. Funding is available in the project budget established for CIP 455-705. Additionally, a project contingency in the amount of $59,000 or approximately 10% of the amendment amount is recommended to pay for additional services to mitigate unforeseen tasks or for additional services that may be required.

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

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

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1 9
RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT AUTHORIZING CONTRACT AMENDMENT NO. ONE (1) IN THE AMOUNT OF $596,290 TO THE AGREEMENT WITH FREYER & LAURETA, INC., DATED OCTOBER 10, 2024, FOR PROFESSIONAL ENGINEERING SERVICES FOR THE EMERGENCY GENERATOR REPLACEMENTS PROJECT (CIP 455-705); AND

FINDING PROJECT EXEMPT FROM REVIEW UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15032 (CLASS 2-EXISTING FACILITIES)

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, CIP 455-705 was approved by the District Board as part of the Fiscal Year 2021-2022 budget to address the replacement of emergency generators and automatic transfer switches (ATS) located at ten (10) of the District’s lift stations; and WHEREAS, the emergency generators and ATS at Lift Stations 29 and 59 and the emergency generator only at Lift Station 22 have been prioritized because they are at the end of their useful lives; and
WHEREAS, the project scope has been separated into two phases to address the three (3) priority generators as Phase I and the remaining seven (7) to follow as Phase II; and
WHEREAS, on August 15, 2022 the District Board adopted EMID Resolution No. 3672, authorizing the President to execute an agreement with Freyer & Laureta, in an amount not-to-exceed $240,128 for professional engineering services for scope specifically at the (3) priority locations; and
WHEREAS, Contract Amendment No. One (1) in the amount of $596,290 will provide construction administration support for Phase I and design, bidding, and construction administration support for Phase II; and
WHEREAS, Staff recommends proceeding with the contract amendment with Freyer & Laureta for the design of the additional seven (7) generators. Freyer & Laureta have proven expertise in the subject, and the most familiarity with the project due to their recent work on the generators at the three (3) priority locations. Staff is confident with Freyer & Laureta’s ability to perform the work on the remaining seven (7) generators; and WHEREAS, funding is available for this agreement in the CIP 455-705 Emergency Generator Replacement Project budget.

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NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize:

1. The President to execute Contract Amendment No. One (1) to the agreement with Freyer & Laureta, Inc. in the amount of $596,290 to provide professional engineering services for the additional seven (7) generators and construction administration for all ten (10) generators CIP 455-705;

2. A project contingency in the amount of $59,000.00 with authority given to the District Manager to execute contract amendments up to the contingency amount; and

3. This project 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.) as this project is exempt from the provisions of CEQA as a Class 2 (Replacement or Reconstruction) because this project will be a replacement of existing facilities on the same site for the same purpose and capacity as the structure being replaced.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 4 th day of November, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

5.8 Attachment 1 - Resolution

126

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
CONTRACT AMENDMENT NO. ONE (1)
DATE: NOVEMBER 4, 2024

ACCOUNT NO.: 455-0910-705-4251
PROJECT: EMERGENCY GENERATOR REPLACEMENTS
PROJECT (CIP 455-705)
TO: Freyer & Laureta, Inc.

CHANGE REQUESTED BY: Freyer & Laureta, Inc., and the Estero Municipal Improvement District (EMID)
Based on mutual agreement, the following work is hereby included in the Agreement dated August 15th, 2022 (“Agreement” or “Contract”) and pursuant to Section 17 of the Agreement to add additional work for specified amounts, which are identified as follows:

ORIGINAL CONTRACT AMOUNT $ 240,128.00
AMOUNT OF CONTRACT AMENDMENT NO. ONE (1) $ 596,290.00
TOTAL REVISED CONTRACT AMOUNT $836,418.00
Additional work and budget adjustments included in this Contract Amendment No. 1:

Task 1 – Project Management (Phase II)

1. Monthly Invoicing

2. General Coordination
$ 7,616.00
Task 2 – Data Collection (Phase II)

1. Site Visit

2. Review EMID provided record drawings

3. Prepare field report
$ 32,876.00
Task 3 – Construction Documents (Phase II)

1. BAAQMD Permitting

2. Basis of Design Memo

3. Pre-Purchase Package

4. 75% Design Submittal

5. 100% Design Submittal
$ 261,866.00

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2 7
2 0
Task 4 – Bid Support (Phase II)

1. Response to Bidder Questions

2. Preparation of One Addendum

3. General Coordination
$ 12,144.00
Task 6.1 – Construction Administration (Phase I)

1. RFI and Submittal Review

2. Up to three site visits

3. Prepare design clarifications

4. Perform one site visit for final punch list

5. One-site Start-up Assistance

6. Prepare record drawings

7. UST Removal Completion Report

8. Project Management
$ 137,503.00
Task 6.2 – Construction Administration (Phase II)

1. RFI and Submittal Review

2. Up to five site visits

3. Prepare design clarifications

4. Perform one site visit for final punch list

5. One-site Start-up Assistance

6. Prepare record drawings

7. Project Management
$ 144,285.00
Subtotal $ 596,290.00
REVISED NOT TO EXCEED CONTRACT AMOUNT $ 836,418.00
Except as specifically modified herein, all other terms and provisions in the Agreement shall remain unchanged.

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2 0
Freyer & Laureta, Inc., have given careful consideration to the work proposed and hereby agree, if this proposal is approved, to provide all equipment, furnish all materials except as may otherwise be noted above, and to perform all services necessary for the work above specified, and to accept as full payment therefore the prices shown above.

SUBMITTED BY:

JERRICK L CARANDANG DATE

PROJECT MANAGER
ACCEPTED BY:

JEFFREY J TARANTINO DATE

EXECUTIVE VICE PRESIDENT
FREYER & LAURETA, INC.

APPROVAL RECOMMENDED:

ANDREW BROZYNA DATE

PUBLIC WORKS DIRECTOR
APPROVED FOR DISTRICT:

PATRICK SULLIVAN DATE

PRESIDENT
ATTEST:

BY:

PRISCILLA SCHAUS DATE

DISTRICT SECRETARY

APPROVED AS TO FORM
BY:

BENJAMIN L STOCK DATE

DISTRICT LEGAL COUNSEL

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4 DATE:November 4, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Priscilla Schaus, Communications Director/City Clerk Benjamin L. Stock, City Attorney
DEPARTMENT: Communications/ City Clerk
SUBJECT: TO START AT A TIME CERTAIN OF 7:00 P.M. -

THIRD PUBLIC HEARING TO RECEIVE COMMUNITY INPUT AND

PROVIDE DIRECTION TO STAFF REGARDING THE SUBMITTED

DRAFT MAPS AND SEQUENCE OF ELECTIONS FOR DISTRICT-

BASED COUNCIL ELECTIONS

RECOMMENDATION
It is recommended that the City Council conduct the third public hearing to receive community input and provide direction to staff regarding the submitted draft maps and sequence of elections for district-based council elections.

EXECUTIVE SUMMARY
On August 19, 2024, the City Council discussed a letter received from a potential plaintiffs’ attorney, Shenkman & Hughes PC, on July 22, 2024, alleging a violation of the California Voting Rights Act (the “CVRA”)1 and threatening litigation if the City declines to voluntarily change to a district-based election system for electing Councilmembers.

While the Council strongly disagreed with the allegations in the letter, a majority of the Council gave direction to staff to proceed with agendizing the resolution of intent in order to take advantage of the safe harbor provisions of Elections Code Section 10010 and avoid costly litigation.

At the September 3, 2024 Council meeting, the Council adopted City Resolution No. 2024-91 to transition to district based elections, to allow the City to take advantage of 1 Cal. Elec. Code §§ 14025-14032.

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4 the safe harbor provisions of Elections Code Section 10010.

At the October 7, 2024 Council meeting, the City Council conducted the first public hearing to receive input regarding the composition of the districts. The City Council conducted the second public hearing on October 21, 2024. The first and second public hearings were conducted to receive community and Council input on the composition of the districts and the sequencing. This third public hearing is being conducted to receive community input and provide direction to staff regarding the submitted draft maps and sequence of elections for district-based council elections.

The public hearings must be scheduled to start at a time certain if it is consolidated with a regular or special meeting of the governing body that includes other substantive agenda items, to begin at a fixed time regardless of its order on the agenda.

BACKGROUND
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.

The CVRA was enacted in 2001, in part, to provide minority groups in California with tools to prevent dilution of votes in “at-large” election systems and is more expansive than the Federal Voting Rights Act of 1965 (“FVRA”). An at-large method of election may not be imposed or applied in a manner that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election, as a result of the dilution or the abridgement of the rights of voters who are members of a protected class.2 A violation of the CVRA is established if it is shown that racially polarized voting occurs in elections for members of the governing body or in elections incorporating other electoral choices by the voters of the political subdivision.3 Any voter who is a member of a protected class and who resides in a political subdivision where a violation of the CVRA is alleged may file an action in the superior court in which the political subdivision is located.4
Pursuant to Elections Code Section 10010, a city may rely on the “safe harbor” provisions that allows a city to adopt a resolution outlining its intention to transition from at-large to district-based elections within forty-five (45) days of receiving a demand letter from a potential plaintiffs’ attorney.5 These “safe harbor” provisions allow a city to transition in accordance with a statutory timeline and, if followed, insulate a city from litigation arising from alleged CVRA violations and caps attorneys’ fee liability to a maximum of $30,000.6 Under those “safe harbor” provisions, a prospective plaintiff is required to send a written notice to the clerk of a city asserting that the city’s method of conducting elections may violate the CVRA.7 A forty-five (45) day stay is then imposed on a prospective plaintiff’s 2 Cal. Elec. Code §§ 14026 and 14027.
3 Cal. Elec. Code §14028(a); see also § 14027.
4 Cal. Elec. Code §14032.
5 Cal. Elec. Code § 10010(e)(2).
6 Cal. Elec. Code § 10010(f)(1)-(3).
7 Cal. Elec. Code § 10010(e)(1).

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4 ability to bring an action.8 That forty-five (45) day stay allows a city to adopt a resolution outlining its intention to transition from at-large to district-based elections.9 If a resolution of intention is adopted by a city council to move to district-based elections, a prospective plaintiff may not commence an action within ninety (90) days of the resolution of intention’s passage.10
Since the Council adopted City Resolution No. 2024-91 to transition to district-based elections on September 3, 2024, a prospective plaintiff may not commence an action within ninety (90) days of the resolution of intention’s passage.

Staff has prepared a tentative timeline, which identifies the preliminary schedule for the required public hearings and public outreach, which complies with Elections Code Section 10010 (Attachment 1). This timeline may change depending on the level of community involvement and the complexity of the map drawing process. If the timeline needs to adjust beyond the 90 days, then the City may enter into a written agreement to extend the 90-day period up to an additional 90 days in order to provide additional time to conduct public outreach, encourage public participation, and receive public input.11 Transition to District Based Elections: First and Second Public Hearings As a part of the transition process, the City is required to hold at least two public hearings over a period of no more than 30 days, at which the public is invited to provide input regarding the communities of interest that would help to define the composition of the districts.12
The Fair Maps Act defines a “community of interest” as a population that shares common social or economic interests that should be included within a single election district for purposes of its effective and fair representation. Characteristics of communities of interest may include, but are not limited to, shared public policy concerns such as education, public safety, public health, environment, housing, transportation, and access to social services. Characteristics of communities of interest may also include, but are not limited to, cultural districts, shared socioeconomic characteristics, similar voter registration rates and participation rates, and shared histories. Communities of interest do not include relationships with political parties, incumbents, or political candidates.

The City conducted the initial two public hearings on October 7, 2024 and October 21, 2024. At the first and second public hearings, the Council received a report from the City’s demographer, Redistricting Partners, about the basics of the districting process and identifying communities of interest. The video and presentation from the first and second 8 Cal. Elec. Code § 10010(e)(2).
9 Cal. Elec. Code § 10010(e)(1)-(3).
10 Cal. Elec. Code § 10010(e)(1)-(3).
11 Cal. Elec. Code § 10010(e)(3)(C)(i).
12 Cal. Elec. Code § 10010(a)(1).

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4 meeting can be found on the City’s dedicated redistricting webpage which can be found here: https://www.fostercity.org/districtelections.

The City has received twelve submissions of the Community of Interest forms which were posted on the City’s website. The responses from those twelve submissions are summarized as follows:

Four people submitted testimony requesting to not transition to district elections; •Encouraged the City Council to base criteria on three things: 1) geographic proximity; 2) dwelling type; and 3) traffic and noise;
•Homeowners Association Consideration; and
•School boundary consideration.
•Renters
•Lagoon homes (multiple submissions)
•Elementary School communities (multiple submissions, including a specific reference to Brewer Island)
Community of Interest forms submitted as of October 30, 2024 are attached as Attachment 3.

Transition to District Based Elections: Third and Fourth (and Fifth) Public Hearings Now that the first and second public hearings are complete, the City must hold at least two additional hearings over a period of no more than 45 days, at which the public is invited to provide input regarding the content of the draft maps and the proposed sequence of elections. A fifth public hearing would be held to adopt the selected map.

The City will need to comply with the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (Fair Maps) Act in adopting the districts,13 which provides criteria that the City must utilize when establishing election district boundaries or when undertaking the redistricting process (which must occur every ten years after each population census). The criteria is summarized below.
(a) The election districts must be substantially equal in population based on the most recent census.
(b) The districting body shall adopt election district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.) and consistent with the federal Voting Rights Act, the districting body shall determine whether it is possible to create an election district or districts in which a minority group is sufficiently large and geographically compact to constitute a majority in a single-member district, as set forth in Thornburg v. Gingles, 478 U.S. 30 (1986).
13 Cal. Elec. Code § 21100 et seq.

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4 c) The districting body shall adopt election district boundaries using the following criteria as set forth in the following order of priority:
(1) To the maximum extent practicable, election districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous. (2) To the maximum extent practicable, and where it does not conflict with the preceding criterion, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division.
(3) To the maximum extent practicable, and where it does not conflict with the preceding criteria, election districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the local jurisdiction. Election district boundaries should be easily identifiable and understandable by residents.
(4) To the maximum extent practicable, and where it does not conflict with the preceding criteria, election districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations.
(d) The districting body shall not adopt election district boundaries for the purpose of favoring or discriminating against an incumbent, political candidate, or political party.14
Within 21 days of adopting final election district boundaries, the City Council will be required to issue a report that explains the basis on which it made its decisions in achieving compliance with the requirements and criteria of the Fair Maps Act, including, as to each neighborhood, community of interest, city, or census designated place that was split into two or more districts, the reason for that split.15

ANALYSIS
At this third public hearing on November 4th, the community and the City Council will consider the 17 draft maps that have been submitted by members of the public and the 3 maps that have been prepared by Redistricting Partners. All of the maps are available on the City’s website: https://www.fostercity.org/districtelections. The maps that have been submitted by members of the public through the City’s “Districtr” mapping tool are identified by a numerical identification number (e.g., ID 258150), the one map that was submitted by email are identified as “Public Map 1…” and the maps that have been prepared by Redistricting Partners are identified by a letter (e.g., Draft Map A).

The City must publish the maps that will be considered at a public hearing seven days in advance of the meeting. Thus, the draft maps that will be considered at the third public hearing were published on October 28, 2024.
14 Cal. Elec. Code § 21130 (a)-(d).
15 Cal. Elec. Code § 21130(f).

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4 Redistricting Partners has prepared a FAIR MAPS Act Assessment (“Assessment”) of the maps submitted by members of the public. (Attachment 2). This Assessment analyzed all of the ranked list of criteria pursuant to the FAIR MAPS Act in the order required (i.e., population size deviation is under 10%, contiguous, maintains “communities of interest”, easily identifiable and understandable lines, compact, etc. However, as indicated in the Assessment, Redistricting Partners can assess all criteria objectively except for “maintaining communities of interest”. That particular criterion is subjective by definition and should be discussed by the City Council and public at this meeting to determine how well the draft maps fulfil this criterion.

With regard to the maps prepared by Redistricting Partners, a summary of each of the maps is provided below to summarize some of the relevant aspects of those maps:

Draft Map A
Total Population Deviation: 3.3%
Draft Map A was drawn to ensure HOAs and elementary school areas were kept intact as much as possible.
•District 1 is the largest district due to the unpopulated industrial area being included in the election district. It keeps together the HOAs on the western side of the city, and it includes Foster City Elementary School.
•District 2 keeps together the HOAs in the southern portion of the city, with a slight split of Carmel Village due to the US Census blocks not aligning with the HOA boundaries. This is the only split of an HOA on the map. It is also the only district without a school within its boundaries.
•District 3 is centrally located and compact, respects the HOA boundaries, and it includes Beach Park Elementary School.
•District 4 represents the eastern side of the city, and it contains Audubon Elementary School. While Foster City Blvd would have been a preferred boundary between districts 4 and 3, District 3 needed to pick up population across Foster City Blvd. This split was created in a way that did not split any HOAs. •District 5 is centrally located and compact and contains Brewer Island Elementary School.

Draft Map B
Total Population Deviation: 7.3%
Draft Map B was inspired by Public Map 1 and drawn in a way that balanced that public map while maintaining HOAs, when possible. Shell Cove is the only HOA split, and that was due to following a main road.
•District 1 uses Beach Park Blvd and water channels as logical dividers. •District 2 is similar to District 3 on Draft A, except Foster City Blvd was used more substantially as a divider.
•District 3 needed to cross Foster City Blvd to pick up population. It maintains much of the eastern side of the city below the freeway. However, District 5 crosses the freeway to pick up population.
•District 4 is similar to District 5 on Draft A and uses main roads as dividers.

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4 •District 5 is similar to District 1 on Draft A, except it uses Beach Park Blvd as a divider. It also dips below the freeway to on the east side of the city in order to balance the population.

Draft Map C
Total Population Deviation: 7.9%
Draft Map C provides a different way to split the city while maintaining HOAs. •District 1 uses Beach Park Blvd as a divider and encompasses the communities on both sides of the water channel.
•District 2 is the least compact district, but it maintains the HOAs on the western side of the city. Williams Landing is slightly split due to census blocks and HOA lines not aligning with each other.
•District 3 maintains the communities north of Beach Park Blvd and is centrally located and compact. It crosses Foster City Blvd to pick up population for a balanced district.
•District 4 maintains communities within the eastern side of the city. Please note that District 4 needed to cross the water channel along the freeway, Foster City Blvd and Triton Drive in order to create a balanced district. •District 5 combines the industrial side of the city with the middle compact region of the city.

Members of the public are invited to provide input regarding the content of the publicly submitted draft maps and the maps prepared by Redistricting Partners at the third public hearing. The Council and members of the public can also provide input on the sequence of elections, if desired.

Members of the public can also continue to submit maps for consideration at the fourth public hearing on November 18, 2024. The City’s website provides instructions on submission of the map via printed maps or through the City’s online mapping tool. The last day to submit maps for consideration at the November 18, 2024 meeting is 9:00 a.m. on November 8, 2024. Maps will be published November 8, in accordance with the seven- day publication deadline due to the Veterans Day holiday on November 11.

Outreach Efforts
City staff regularly notifies residents of meetings and other engagement opportunities by posting on social media channels such as the City’s Facebook, Twitter, and Nextdoor pages, as well as attending community events, sending printed mailers, and hosting community workshops. Social media posts sharing information regarding the City Council’s consideration of adopting a resolution of intent to transition from at-large to district-based elections began days after the August 19 meeting, and continues. These efforts include updating the nature of the outreach material throughout the process to encourage community to get involved by submitting community of interest forms, drawing district maps, reviewing submitted maps, providing public comment, and more.

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4 Printed outreach material notifying residents of the meetings has been placed in City Hall and Council Chambers as well at kiosks posted along the Levee. It has also been posted on the marquee and posting boards at the Council Chambers and Library. Outreach material such as the mailer, website, and other printed documents have been translated to Mandarin as well.

To grant ample opportunities for residents and community members to have their voice heard, City staff have attended a variety of community events including the following:
•September 20, 8:30am-10am: Second Harvest Food Bank Free Grocery Program at the Foster City Library.
•September 21, 9am-11:00am: Community Bike Ride at Booth Bay Park. •September 28, 9am-11am: Foster City Farmers Market at 1010 Metro Center Blvd. •September 29, 10am-12pm: Clean Air Day celebration at the Foster City Library. •October 2, 5pm-7pm: Off the Grid at Leo Ryan Park.
•October 6, 11am-1pm: Baybasi Autumn Festival at Leo Ryan Park. •October 16, 5pm-6:30 pm: Off the Grid at Leo Ryan Park •October 19, 9am-11am: Foster City Farmers Market at 1010 Metro Center Blvd. •October 23, 5pm-6:30pm: Off the Grid at Leo Ryan Park. •October 26, 11am-12:30pm: Foster City Halloween Festival at Leo Ryan Park. •October 30, 5pm-6:30pm: Off the Grid at Leo Ryan Park. •November 1, 8:30am-10:00am: Second Harvest Food Bank Free Grocery Program at the Foster City Library.
•November 2, 10am-11:30am: Friends of the Library Book Sale at the Foster City Library.

City staff and the consultant also hosted a community workshop on October 20, 2024, which was well attended. The workshop was held in a hybrid format for in person attendance at the Council Chambers and online via Zoom, and the video was also recorded and uploaded to the City’s YouTube channel for on-demand playing.

The City has created a website dedicated to this district transition process which can be found here: https://www.fostercity.org/districtelections.

Information is available on the City’s website that provides the public with background information about the districting process, upcoming hearing dates, and supporting documents. This webpage is continuously updated with dates and locations where community members can share their feedback on this issue.

CALIFORNIA EQUALITY 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

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4 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
There is no direct fiscal impact associated with this action. By transitioning to district-based elections, the costs that potential plaintiff’s attorney will receive is capped at $30,000. The City will also pay the demographer for their services, which totals $49,500.

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

ATTACHMENTS
Attachment 1 – Tentative Timeline
Attachment 2 – Redistricting Partners FAIR MAPS Assessment October 28, 2024 Attachment 3 – Community of Interest Forms submitted as of October 30, 2024

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Tentative Timeline for Consideration and Implementation of District-Based Elections Date Event Code § Comment
July 22,
2024
City received certified
demand letter from
Shenkman & Hughes
EC§10010(e)(1) Before commencing an action to enforce Sections 14027 and 14028, a prospective plaintiff shall send by certified mail a written notice to the clerk of the political subdivision (“City’) against which the action would be brought asserting that the City’s method of conducting elections may violate the California Voting Rights Act of 2001.

EC§ 10010(e)(2) A prospective plaintiff shall not commence an action to enforce Sections 14027 and 14028 within 45 days of the City’s receipt of the written notice described above (CVRA lawsuit cannot be commenced until September 5, 2024.)
9/3/24 Resolution is
considered at City
Council Meeting
EC§ 10010 (3)(A) Within 45 days of receipt of a notice, the City may pass a resolution outlining its intention to transition from at-large to district-based elections, specific steps it will undertake to facilitate this transition, and an estimated time frame for doing so (Resolution to be considered no later than September 5, 2024)
9/3/24 Resolution is adopted
at City Council
Meeting
EC§ 10010(e)(3)(B) If the City begins the process of switching to districts within 45 days and adopts a resolution to that effect a potential plaintiff cannot commence an action within 90 days of the resolution’s passage. (CVRA lawsuit cannot be commenced until December 3, 2024) TBD Conduct public
outreach, encourage
public participation,
and receive public
input
EC§ 10010(a)(1) Before public hearings, the City may conduct outreach to the public, including to non- English-speaking communities, to explain the districting process and to encourage public participation. I.e. farmers market, public library, public schools, places of worship, homeowners associations, and community organizations
10/7/24 1st Public Hearing
(Regular Meeting)
EC§ 10010(a)(1) First and second public hearings must occur within a period of 30 days.

No maps for review, but take public comments on composition of districts and preference for district lines.
10/21/24 2nd Public Hearing
(Regular Meeting)
EC§ 10010(a)(1) No maps for review, but take public comments on composition of districts and preference for district lines.
10/28/24 Publish for review
first drafts of district
election maps and
potential sequence of
elections
EC§ 10010(a)(2) After all draft maps are drawn, at least 7 days before the 3rd public hearing, the City shall publish and make available for release at least one draft map and, if city councilmembers will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of the elections.

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4 9
11/4/24 3rd Public Hearing
(Regular Meeting)
EC§ 10010(a)(2) The City shall also hold at least two additional hearings over a period of no more than 45 days, at which the public is invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections, if applicable. 11/11/24 Post any new or
amended maps
EC§ 10010(a)(2) Maps available for review at least 7 days before consideration at the 4th public hearing. 11/18/24 4th Public Hearing
(Regular Meeting)
EC§ 10010(a)(2) Take public comments on proposed maps. If selected map is amended, ordinance cannot be introduced until 7 days after amended map is published Council may introduce ordinance if final map is selected at this public hearing 11/25/24 or
12/2/24

DEADLINE
12/2/24
(Special) 5th Public
Hearing
or
Regular Meeting
EC§ 10010(e)(3)(B) Council introduces ordinance establishing district elections, including district boundaries and election sequence if map is changed at 11/18/24 meeting.

Council adopts ordinance

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Public Maps: FAIR MAPS Act Assessment
The following maps were submitted by October 28, 2024, and can be considered during the November 4 public hearing

Under the FAIR MAPS Act, the Foster City is required to follow a ranked list of criteria in their districting process:
• Relatively equal in population size – total deviation is under 10% • Contiguous
• Maintains “communities of interest”
• Easily identifiable and understandable lines, following city, natural, and man-made boundaries
• Compact

As demographers, we can assess all criteria objectively except for “maintaining communities of interest.” This particular criterion is subjective by definition and should be discussed by the public and the City Council to determine how well these maps fulfil this criterion.

Districtr ID: 258150
“AJayG”
Total Deviation: 4.8%
Date of submission: 10/24/2024

Relatively equal in population size? ✓
Contiguous? ✓
Lines are easy to understand and
identify?
✓
Compact? ✓

Districtr ID: 258168
“SG_district_fostercity”
Total Deviation: 3.6%
Date of submission: 10/24/2024

Relatively equal in population size? ✓
Contiguous? *
Lines are easy to understand and
identify?
✓
Compact? ✓
Notes: *The map can easily be made contiguous if all populated blocks are drawn it/map remains balanced.

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Districtr ID: 258388
“Balanced Population”
Total Deviation: 6.2%
Date of submission: 10/25/2024

Relatively equal in population size? ✓
Contiguous? ✓
Lines are easy to understand and
identify?
✓
Compact? ✓

Districtr ID: 258391
Total Deviation: 3.6%
Date of submission: 10/25/2024

Relatively equal in population size? ✓
Contiguous? ✓
Lines are easy to understand and
identify?
✓
Compact? ✓
Note: Discussion on travel contiguity is needed.

Districtr ID: 258415
“AL1”
Total Deviation: 14.9%
Date of submission: 10/25/2024

Relatively equal in population size? 
Contiguous? ✓
Lines are easy to understand and
identify?
✓
Compact? ✓

Note: Population must be balanced before considering this map.

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Districtr ID: 258421
“KeepCityWholeAgain”
Total Deviation: >100%
Date of submission: 10/25/2024

Relatively equal in population size? 
Contiguous?
Lines are easy to understand and
identify?

Compact?

Districtr ID: 258425
“FC Plan”
Total Deviation: 15.7%
Date of submission: 10/25/2024

Relatively equal in population size? 
Contiguous? 
Lines are easy to understand and
identify? 
Compact? ✓

Districtr ID: 258471
Total Deviation: 3.4%
Date of submission: 10/25/2024

Relatively equal in population size? ✓
Contiguous? ✓
Lines are easy to understand and
identify?
✓
Compact? ✓
Notes: This map appears to sacrifice logical boundary dividers and communities of interest to achieve a 0% total deviation.

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Districtr ID: 258474
Total Deviation: 3.9%
Date of submission: 10/25/2024

Relatively equal in population size? ✓
Contiguous? ✓
Lines are easy to understand and
identify?
✓
Compact? ✓

Districtr ID: 258535
“Everyone Owns Lagoon”
Total Deviation: 13.6%
Date of submission: 10/25/2024

Relatively equal in population size? 
Contiguous? ✓
Lines are easy to understand and
identify?
✓
Compact? ✓
Notes: Population needs to be balanced before this map can be considered.

Districtr ID: 258538
“Main Arteries & Functions”
Total Deviation: 9.3%
Date of submission: 10/25/2024

Relatively equal in population size? ✓
Contiguous? ✓
Lines are easy to understand and
identify?
✓
Compact? ✓

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Districtr ID: 258569
“Shashank’s Plan”
Total Deviation: 4.5%
Date of submission: 10/26/2024

Relatively equal in population size? ✓
Contiguous? 
Lines are easy to understand and
identify?
✓
Compact? ✓
Notes: Issues with travel and literal contiguity.

Districtr ID: 258659
“perfect balance (just about)”
Total Deviation: 0.2%
Date of submission: 10/26/2024

Relatively equal in population size? ✓
Contiguous? ✓
Lines are easy to understand and
identify?
✓
Compact? ✓

Districtr ID: 258701
“Almost Perfectly Balanced”
Total Deviation: 0.2%
Date of submission: 10/27/2024

Relatively equal in population size? ✓
Contiguous? ✓
Lines are easy to understand and
identify?
✓*
Compact? ✓
Notes: *Recommended line cleanup and possible travel contiguity issues.

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Districtr ID: 258703
Total Deviation: 11.7%
Date of submission: 10/27/2024

Relatively equal in population size? 
Contiguous? 
Lines are easy to understand and
identify?
✓
Compact? ✓

Districtr ID: 258783
“Cunningham Plan”
Total Deviation: 11.4%
Date of submission: 10/27/2024

Relatively equal in population size? 
Contiguous? 
Lines are easy to understand and
identify?
✓
Compact? ✓

Public Map 1
Hand-drawn submission
“T. Markiewicz”
Total Deviation: 13.8%

Relatively equal in population size? 
Contiguous? ✓
Lines are easy to understand and
identify?
✓
Compact? ✓

Notes: Population must be balanced in order to consider this map.

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Published on Foster City California (https://www.fostercity.org) Home Tell Us About Your Community of Interest Webform results Submission #1 Submission information
Form: Tell Us About Your Community of Interest [1]
Submitted by Visitor (not verified)
Wed, 09/18/2024 - 12:15pm
What is the nature of the bond or common interest of your community? You can describe what the common interests of your community are and why or how they are important.

People who live on the waterfront.

Where is your community located? You can define it by cities, neighborhoods, streets, address, a key landmark such as college campus, facility, school, church, or other boundaries.

People who live along the water in Foster City, SFH, Apartments, Condos. People who live on the water have different housing needs, higher humidity in homes, wind issues, and groundwater / foundation issues, very different costs of home ownership and upkeep.

What is the rationale for your community of interest to be used in this City Council redistricting? Please describe how the issues before the City Council has an impact on your community.

People who live along the water are a minority of Foster City people but the majority of people in Foster City benefit from the lagoon drainage. Yet, the people on the water suffer the ill effects of unkept streets, dirty streets, and rotten fruit and other waste entering the lagoon. Foster City has consistently ranked as some of the most polluted water in California yet the city has ignored the issue of basic lagoon maintenance. This affects the health and safety of the community of interest especially the children. At one time water activities were common in Foster City. Children would have swimming competitions. Today it is too polluted to do so safely.

The following information is optional. If you provide an email address, we will send you updates on the process.

Name
Waterman Bill
Are you a Foster City resident?
yes
What neighborhood to you live in?
#1
Email address
Source URL:https://www.fostercity.org/node/46662/submission/17735 Links
[1] https://www.fostercity.org/cityclerk/webform/tell-us-about-your-community-interest

6.1 Attachment 3 - Community of Interest Forms submitted as of October 30, 2024

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6.1 Attachment 3 - Community of Interest Forms submitted as of October 30, 2024

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Published on Foster City California (https://www.fostercity.org) Home Tell Us About Your Community of Interest Webform results Submission #3 Submission information
Form: Tell Us About Your Community of Interest [1]
Submitted by Visitor (not verified)
Wed, 09/18/2024 - 2:08pm
What is the nature of the bond or common interest of your community? You can describe what the common interests of your community are and why or how they are important.

Renters
Where is your community located? You can define it by cities, neighborhoods, streets, address, a key landmark such as college campus, facility, school, church, or other boundaries.

Large rental developments across foster city.
https://fostercity.maps.arcgis.com/apps/webappviewer/index.html? id=8eed3112978f487793737478d9918e39
What is the rationale for your community of interest to be used in this City Council redistricting? Please describe how the issues before the City Council has an impact on your community.

Renters are more likely underrepresented as they are more likely not to be voters, not to be citizens, more likely to be green card and visa holders. A good illustration is Brewer Island School. Brewer Island has the most languages spoken of any school in SMFCSD. However, it's attendance continues to drop, now risking closure. The progress students are making at this school is heavily impacted by the number of ESL students without support.

The following information is optional. If you provide an email address, we will send you updates on the process.

Name
2nd Language Speaker
Are you a Foster City resident?
yes
What neighborhood to you live in?
Foster's Landing
Email address
Source URL:https://www.fostercity.org/node/46662/submission/17738 Links
[1] https://www.fostercity.org/cityclerk/webform/tell-us-about-your-community-interest

6.1 Attachment 3 - Community of Interest Forms submitted as of October 30, 2024

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Published on Foster City California (https://www.fostercity.org) Home Tell Us About Your Community of Interest Webform results Submission #4 Submission information
Form: Tell Us About Your Community of Interest [1]
Submitted by Visitor (not verified)
Wed, 09/18/2024 - 5:04pm
What is the nature of the bond or common interest of your community? You can describe what the common interests of your community are and why or how they are important.

Lagoon homes have a common interest. It is important to keep and maintain the lagoon clean and safe which our community shares.

Where is your community located? You can define it by cities, neighborhoods, streets, address, a key landmark such as college campus, facility, school, church, or other boundaries.

Foster city homes that are located on the lagoon.

What is the rationale for your community of interest to be used in this City Council redistricting? Please describe how the issues before the City Council has an impact on your community.

Consideration on maintenance and keeping the water quality clean and safe.

The following information is optional. If you provide an email address, we will send you updates on the process.

Name
Are you a Foster City resident?
What neighborhood to you live in?
Email address
Source URL:
https://www.fostercity.org/node/46662/submission/17739
Links
[1] https://www.fostercity.org/cityclerk/webform/tell-us-about-your-community-interest

6.1 Attachment 3 - Community of Interest Forms submitted as of October 30, 2024

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Published on Foster City California (https://www.fostercity.org) Home Tell Us About Your Community of Interest Webform results Submission #5 Submission information
Form: Tell Us About Your Community of Interest [1]
Submitted by Visitor (not verified)
Tue, 09/24/2024 - 8:22am
What is the nature of the bond or common interest of your community? You can describe what the common interests of your community are and why or how they are important.

Brewer Island School, people who use that school.

Where is your community located? You can define it by cities, neighborhoods, streets, address, a key landmark such as college campus, facility, school, church, or other boundaries.

In the area surrounding the feeds to Brewer Island School What is the rationale for your community of interest to be used in this City Council redistricting? Please describe how the issues before the City Council has an impact on your community.

Brewer Island has the most languages spoken in the school district. It has suffered from declining enrollment and a large number of in and out students due to the extremely high rental population in our area. It would be helpful have representation on the city council here., The following information is optional. If you provide an email address, we will send you updates on the process.

Name
Are you a Foster City resident?
yes
What neighborhood to you live in?
1 Email address
Source URL:
https://www.fostercity.org/node/46662/submission/17748
Links
[1] https://www.fostercity.org/cityclerk/webform/tell-us-about-your-community-interest

6.1 Attachment 3 - Community of Interest Forms submitted as of October 30, 2024

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Published on Foster City California (https://www.fostercity.org) Home Tell Us About Your Community of Interest Webform results Submission #6 Submission information
Form: Tell Us About Your Community of Interest [1]
Submitted by Visitor (not verified)
Fri, 10/11/2024 - 3:30pm
What is the nature of the bond or common interest of your community? You can describe what the common interests of your community are and why or how they are important.

To me, the entire city of foster city has the same common interest. There is no need for district elections.

Where is your community located? You can define it by cities, neighborhoods, streets, address, a key landmark such as college campus, facility, school, church, or other boundaries.

No, I cannot define it. Again, the entire city is the same. Bring back at-large elections. There is no need for district elections in such a small bedroom community, such as foster city.

What is the rationale for your community of interest to be used in this City Council redistricting? Please describe how the issues before the City Council has an impact on your community.

No rational. The city council impacts the entire community the same way. no matter what street you live on.

The following information is optional. If you provide an email address, we will send you updates on the process.

Name
eric
Are you a Foster City resident?
yes
What neighborhood to you live in?
Email address
Source URL:https://www.fostercity.org/node/46662/submission/17814 Links
[1] https://www.fostercity.org/cityclerk/webform/tell-us-about-your-community-interest

6.1 Attachment 3 - Community of Interest Forms submitted as of October 30, 2024

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Published on Foster City California (https://www.fostercity.org) Home Tell Us About Your Community of Interest Webform results Submission #7 Submission information
Form: Tell Us About Your Community of Interest [1]
Submitted by Visitor (not verified)
Sat, 10/12/2024 - 2:40pm
What is the nature of the bond or common interest of your community? You can describe what the common interests of your community are and why or how they are important.

See below
Where is your community located? You can define it by cities, neighborhoods, streets, address, a key landmark such as college campus, facility, school, church, or other boundaries.

See below
What is the rationale for your community of interest to be used in this City Council redistricting? Please describe how the issues before the City Council has an impact on your community.

I believe the criteria should be based on three area of commonality: (1) Geographic proximity (2) Dwelling type: house, condo, apartment (3) Traffic & noise: busy roadway, lagoon, bay trail, place of congregation (e.g., school, church, park, shopping, restaurants), auto/aircraft proximity.

Based on this my community of interest consists of houses in neighborhood 7 (& maybe parts of 8), noise and traffic from parks, lagoon, & bay trail, noise from 101 & San Carlos Airport.

The following information is optional. If you provide an email address, we will send you updates on the process.

Name
John Lowrance
Are you a Foster City resident?
yes
What neighborhood to you live in?
Plum Island
Email address
Source URL:https://www.fostercity.org/node/46662/submission/17820 Links
[1] https://www.fostercity.org/cityclerk/webform/tell-us-about-your-community-interest

6.1 Attachment 3 - Community of Interest Forms submitted as of October 30, 2024

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Published on Foster City California (https://www.fostercity.org) Home Tell Us About Your Community of Interest Webform results Submission #8 Submission information
Form: Tell Us About Your Community of Interest [1]
Submitted by Visitor (not verified)
Sun, 10/13/2024 - 10:32pm
What is the nature of the bond or common interest of your community? You can describe what the common interests of your community are and why or how they are important.

Our development takes great pride in maintaining our urban forest, and maintaining it's original character as designed.

Where is your community located? You can define it by cities, neighborhoods, streets, address, a key landmark such as college campus, facility, school, church, or other boundaries.

Whalers Island HOA
What is the rationale for your community of interest to be used in this City Council redistricting? Please describe how the issues before the City Council has an impact on your community.

Our community is unique. We have set high standards for improvements and expect those to be considered when new policy is enacted. As an HOA we do not benefit from all the benefits other non HOA neighborhoods might receive, yet our taxes don;t reflect that.

The following information is optional. If you provide an email address, we will send you updates on the process.

Name
David Kramar
Are you a Foster City resident?
yes
What neighborhood to you live in?
Whalers Island
Email address
Source URL:https://www.fostercity.org/node/46662/submission/17827 Links
[1] https://www.fostercity.org/cityclerk/webform/tell-us-about-your-community-interest

6.1 Attachment 3 - Community of Interest Forms submitted as of October 30, 2024

154

Published on Foster City California (https://www.fostercity.org) Home Tell Us About Your Community of Interest Webform results Submission #9 Submission information
Form: Tell Us About Your Community of Interest [1]
Submitted by Visitor (not verified)
Mon, 10/14/2024 - 12:41pm
What is the nature of the bond or common interest of your community? You can describe what the common interests of your community are and why or how they are important.

The entire city of foster City is my community. Betterment of the city is our shared value Where is your community located? You can define it by cities, neighborhoods, streets, address, a key landmark such as college campus, facility, school, church, or other boundaries.

The entire city
What is the rationale for your community of interest to be used in this City Council redistricting? Please describe how the issues before the City Council has an impact on your community.

I oppose districting. Small cities should be exempt from districting.

The following information is optional. If you provide an email address, we will send you updates on the process.

Name
Shankar Kenkre
Are you a Foster City resident?
What neighborhood to you live in?
Farragut Park Area
Email address
Source URL:https://www.fostercity.org/node/46662/submission/17828 Links
[1] https://www.fostercity.org/cityclerk/webform/tell-us-about-your-community-interest

6.1 Attachment 3 - Community of Interest Forms submitted as of October 30, 2024

155

Published on Foster City California (https://www.fostercity.org) Home Tell Us About Your Community of Interest Webform results Submission #10 Submission information
Form: Tell Us About Your Community of Interest [1]
Submitted by Visitor (not verified)
Mon, 10/14/2024 - 1:05pm
What is the nature of the bond or common interest of your community? You can describe what the common interests of your community are and why or how they are important.

I do not see any common interest except we live closeby Where is your community located? You can define it by cities, neighborhoods, streets, address, a key landmark such as college campus, facility, school, church, or other boundaries.

Foster city is too small to district
What is the rationale for your community of interest to be used in this City Council redistricting? Please describe how the issues before the City Council has an impact on your community.

We do not need this for Foster City
The following information is optional. If you provide an email address, we will send you updates on the process.

Name
Mukul Mittal
Are you a Foster City resident?
yes
What neighborhood to you live in?
Email address
Source URL:https://www.fostercity.org/node/46662/submission/17829 Links
[1] https://www.fostercity.org/cityclerk/webform/tell-us-about-your-community-interest

6.1 Attachment 3 - Community of Interest Forms submitted as of October 30, 2024

156

Published on Foster City California (https://www.fostercity.org) Home Tell Us About Your Community of Interest Webform results Submission #11 Submission information
Form: Tell Us About Your Community of Interest [1]
Submitted by Visitor (not verified)
Mon, 10/14/2024 - 1:47pm
What is the nature of the bond or common interest of your community? You can describe what the common interests of your community are and why or how they are important.

My bond is with my entire community. It’s a disservice to all of us in Foster City to be forced into districting.

Where is your community located? You can define it by cities, neighborhoods, streets, address, a key landmark such as college campus, facility, school, church, or other boundaries.

We are one here. We are not broken out by economic class, ethnicity, nor physical boundaries.

Splitting us up and giving us the right to vote for only one Councilmember while all 5 determine policy is a mistake.

The following information is optional. If you provide an email address, we will send you updates on the process.

Name
Sanjay Gehani
Are you a Foster City resident?
yes
What neighborhood to you live in?
Email address
Source URL:https://www.fostercity.org/node/46662/submission/17830 Links
[1] https://www.fostercity.org/cityclerk/webform/tell-us-about-your-community-interest

6.1 Attachment 3 - Community of Interest Forms submitted as of October 30, 2024

157

Published on Foster City California (https://www.fostercity.org) Home Tell Us About Your Community of Interest Webform results Submission #12 Submission information
Form: Tell Us About Your Community of Interest [1]
Submitted by Visitor (not verified)
Mon, 10/14/2024 - 8:17pm
What is the nature of the bond or common interest of your community? You can describe what the common interests of your community are and why or how they are important.

Common interests of togetherness, celebrating the joys and holidays and festivals together. This helps us gain diverse perspective and reach out kids those perspectives. Helps open our minds to wonderful things, foods, traditions and customs from over the world.

Where is your community located? You can define it by cities, neighborhoods, streets, address, a key landmark such as college campus, facility, school, church, or other boundaries.

By foster city elementary school in Foster City
What is the rationale for your community of interest to be used in this City Council redistricting? Please describe how the issues before the City Council has an impact on your community.

None
The following information is optional. If you provide an email address, we will send you updates on the process.

Name
Are you a Foster City resident?
yes
What neighborhood to you live in?
Edgewater townhomes
Email address
Source URL:https://www.fostercity.org/node/46662/submission/17833 Links
[1] https://www.fostercity.org/cityclerk/webform/tell-us-about-your-community-interest

6.1 Attachment 3 - Community of Interest Forms submitted as of October 30, 2024

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1 | Page

Districtr Community of Interest Testimony Submissions

“The Original Isles”
ID 258536
Date of submission: 10/25/2024
Notes: No description included.

“Samcar MLS Market Areas”
ID 260491
Date of submission: 10/30/2024

Blue: Samcar MLS Market Area 399
Yellow: Samcar MLS Market Area 397
Teal: Samcar MLS Market Area 396
Green: Samcar MLS Market Area 398
Magenta: Samcar MLS Market Area
400
Purple: Samcar MLS Market Area 392
Light blue: Samcar MLS Market Area
393
Gray: 395
Corral: 394
Periwinkle blue: 391
Orange: 390

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DATE: November 4, 2024

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

FROM: Benjamin L. Stock, City Attorney
Andrew Brozyna, Public Works Director
DEPARTMENT: Public Works
SUBJECT: DISCUSS AND PROVIDE DIRECTION ON WHETHER CITY

COUNCIL DESIRES TO ADOPT A POLICY REQUIRING PROJECT

LABOR AGREEMENTS

RECOMMENDATION
It is recommended that the City Council receive and discuss the information provided in this report regarding Project Labor Agreements (PLA) and, by Minute Order, provide direction to staff on next steps.

EXECUTIVE SUMMARY
At the meeting on August 19, 2024, Councilmember Hindi requested, and a majority of the Council supported, a future agenda item to discuss union labor agreements (or PLAs) for large projects through an Ordinance rather than considering whether to consider such agreements on a project-by-project basis.

BACKGROUND
A PLA can take different forms but generally a PLA is a pre-hire collective bargaining agreement with one or more labor organizations that establishes terms and conditions of employment for a specific scope of construction project or projects as described in Title

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29, Section 158(f) of the United States Code1. PLAs are also known as project stabilization agreements, labor stabilization agreements, community workforce agreements, or may take another similar name.

Government-funded construction projects can involve various contractors and trades, have critical timelines for completion, and require a skilled and properly trained workforce to successfully complete the public works project in a proper and timely manner. Local Governments can require that recipients of government funding for a construction project use PLAs through an ordinance or adopted policy to help manage the uncertainty and delays that can come from having so many contractors and trades involved. If that local government requires PLAs, the local government entity can enter into an agreement with a union or group of unions, such as an area trade union council, before seeking bids from contractors to do the work. The PLA would then be included in the request for bids. That way, any contractor interested in submitting a bid knows the job will require union labor.

The terms of the PLA would apply to all contractors and subcontractors who successfully bid on a project, and supersede any existing collective bargaining agreement which would otherwise apply. A PLA will typically include provisions to prevent strikes, lockouts, or other work stoppages for the length of the construction project. The PLA will often require that employees hired for the project are from the unions that are part of the agreement, or are hired upon referral from the union hiring halls. Any nonunion workers who are hired on the project would have to pay union dues for the length of the project, and the contractor would have to follow union rules on, among other items, pensions, work conditions, and dispute resolutions.

In the San Francisco Bay Area, PLAs have been used successfully on numerous large public and private construction projects. Public entities such as the Bay Area Rapid Transit District, the San Mateo Union High School District, the San Mateo Community College District, Oakland Unified School District, the San Francisco Unified School District, the City of Berkeley, the City of Watsonville and others, maintain PLA ordinances and policies requiring the use of PLAs on certain publicly funded construction projects. 1 (f)Agreement covering employees in the building and construction industry It shall not be an unfair labor practice under subsections (a) and (b) of this section for an employer engaged primarily in the building and construction industry to make an agreement covering employees engaged (or who, upon their employment, will be engaged) in the building and construction industry with a labor organization of which building and construction employees are members (not established, maintained, or assisted by any action defined in subsection (a) as an unfair labor practice) because (1) the majority status of such labor organization has not been established under the provisions of section 159 of this title prior to the making of such agreement, or (2) such agreement requires as a condition of employment, membership in such labor organization after the seventh day following the beginning of such employment or the effective date of the agreement, whichever is later, or (3) such agreement requires the employer to notify such labor organization of opportunities for employment with such employer, or gives such labor organization an opportunity to refer qualified applicants for such employment, or (4) such agreement specifies minimum training or experience qualifications for employment or provides for priority in opportunities for employment based upon length of service with such employer, in the industry or in the particular geographical area: Provided, That nothing in this subsection shall set aside the final proviso to subsection (a)(3):

Provided further, That any agreement which would be invalid, but for clause (1) of this subsection, shall not be a bar to a petition filed pursuant to section 159(c) or 159(e) of this title.

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Some Councilmembers may also recall that the Wastewater Treatment Plant (WWTP) Upgrade and Expansion project utilized a PLA.

ANALYSIS
Some Examples of Ordinances/Policies Requiring PLAs
An ordinance or policy would generally establish the criteria for use of a PLA and may establish certain requirements for the PLA itself. For example, a PLA could be applied to certain crafts or portions of a project, but may exclude others or a PLA could be required for projects exceeding a certain dollar amount and/or for a certain number of years. (e.g.

Federal government requires them to be used on “large scale projects” exceeding $35 million).

The City of Berkeley utilizes Project Labor Agreements as well as "Community Workforce Agreement" (City of Berkeley City Council Resolution No. 70926: Link) to “support the efforts of the City to increase employment opportunities for Berkeley residents, including youth, through apprenticeship and pre-apprenticeship programs” and to help “provide for peaceful settlement of labor disputes and grievances without strikes or lockouts, thus promoting the public interest in assuring the timely and economical completion of the projects.” The City Manager for the City of Berkeley was recently authorized to execute a contract amendment with the Building Trades Council and twenty-two labor organizations regarding the provision of labor to construction projects in Berkeley with an estimated value in excess of $500,000 for a three-year term, to expire on June 30, 2026.

The City of Watsonville also requires PLAs through an ordinance (Ordinance No. 1295-13 (CM), codified in Chapter 17 of Title 7 of the Municipal Code: Link). The City of Watsonville requires PLAs for all competitively bid public works construction projects with a projected construction cost of $600,000 dollars or more and employing workers in three (3) or more crafts. As indicated in the City of Watsonville’s Ordinance, the City of Watsonville’s PLA policy was intended, in part, to increase the number of employed persons living in the City of Watsonville in an attempt to counteract the grave economic and social ills associated with the higher unemployment levels that existed within that City. The City of Watsonville’s Ordinance also provides certain required provisions for the PLA, such as that the PLA shall guarantee against work stoppages, unless the Council by majority vote waives any of the provisions.

Some Examples of Terms Included in a PLA
Whether the PLA is for a public or private project, they may have some primary common terms, including that the union agrees not to strike while applicable project(s) are being built. Another common term would be a high-speed grievance process (typically arbitration) to resolve any workplace disputes that arise. Other examples of typical terms include:

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•New employees, within a certain period of time, pay dues to the union for representing their interests before the employer;
•Contractors use a local, centralized union job referral system or “hiring hall”; •Nonunion workers pay union dues for the length of the project; •Management rights, including hiring, promotion, transfer, discipline or discharge of employees, and the right to reject any job applicant referred by a union; •Uniform workday, workweek, overtime, holiday and payday schedules; •Standardized work rules and regulations posted on the job site.

When entered into, a PLA will include a scope and detail the work covered by the PLA.

What the scope is will depend on the desires of the agency.

Potential Pros and Cons of PLAs
Below are some of the potential pros and cons of PLAs. This table is not meant to be a finite list and is provided in order to present the competing viewpoints as a way to help Council with their discussion of this topic and are not necessarily the opinion of City staff.

There may be alternatives not identified below and ultimately many factors will impact the overall effectiveness of any given PLA for any particular local entity.

Pros

1. Provide uniform wages, benefits, overtime pay, hours, working conditions, and work rules for work on major construction projects.

2. Will help to provide contractors with a reliable and uninterrupted supply of qualified workers at predictable costs.

3. Will ensure qualified labor and relative ease of project management because it will provide stable supply of laborers, predictable costs and dispute resolution provisions.

4. Ensure no labor strife by prohibiting strikes and lockouts and including binding procedures to resolve labor disputes.

5. May make large projects easier to manage by placing unions under one contract, the PLA, rather than dealing with several unions that may have different wage and benefit structures.

6. May include provisions to recruit and train workers by requiring contractors to participate in recruitment, apprenticeship, and training programs for women, minorities, veterans, and other under-represented groups (this is a common CWA provision).

7. May improve worker safety by requiring contractors and workers to comply with project safety rules.

Cons

1. Increase costs by mandating union wages and work rules and inhibiting competition.

2. May be anti-competitive because non-union contractors may choose not to bid because either their members would be required to join a union if the contractor wins the bid or the contractor would not be able to use its own workers if the PLA required hiring through the union hiring hall.

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3. Non-union contractors and non-union employees may object as the non-union employees are required to pay union dues during the construction under the PLA.

4. May cause delays if union unable to supply timely referrals, as contractor will have to wait specified time before contractor may seek employees elsewhere; plus additional workload, delays and costs associated with ensuring that PLA terms are met.

5. May hinder the use of non-union contractor training programs that may operate more efficiently and are job specific, instead of union apprenticeship programs of a fixed duration.

6. A PLA would complicate prequalification procedures that screen contractors that bid on public projects because the specific requirements of a PLA would need to be identified in the prequalification documents.

7. The benefits of entering into a PLA are minimized for government agencies already paying prevailing wages and adhering to other requirements of the state.

PLAs and Federally Funded Projects
Beginning on January 22, 2024, in compliance with President Biden’s February 4, 2022 Executive Order, 14603, federal construction projects with a total estimated cost of $35 million are now required to utilize a PLA unless the contracting agency grants an exception.

In determining whether to use a PLA, the Federal Government provides several factors a grantee may want to consider before deciding to utilize them, including, but not limited to the following:
•The size and complexity of the project
•The importance of the project and the need to adhere to a certain timeline •The risk of labor unrest on the project and the circumstances that are present that may lead to a heightened risk of labor disruption, such as the history of labor unrest in the area, the anticipated working conditions of the project relating to the environment or work schedules, and the expiration of one or more collective bargaining agreements that could lead to jurisdictional disputes •The impacts of a labor disruption to the users, the operation of the facility, and the region
•The costs of a delay should a labor disruption occur
•The available labor pool relative to the particular skills required to complete the project
Public Works Contracting Requirements
There are various existing requirements that may provide the same or similar benefits to PLAs. Such requirements include, but are not limited to:
•Apprenticeship programs
•California Skilled and Trained Workforce Requirement

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•Prevailing wages
Whether these requirements address all of the particular items which stem from a PLA, however, will depend on the many factors related to the project which it intends to govern.

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

FISCAL IMPACT
There is no direct fiscal impact from this discussion.

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

None

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DATE: November 4, 2024

TO: Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors

VIA: Stefan Chatwin, City/District Manager

FROM: Waqas Hassan, Assistant Finance Director

SUBJECT: FISCAL YEAR 2023-24 FOURTH QUARTER FINANCIAL UPDATE

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors, by Minute Order, receive and accept the report on the FY 2023-24 Fourth Quarter Financial Update.

EXECUTIVE SUMMARY
Attached is the FY 2023-24 Fourth Quarter report (Attachment 1). With the effects of the COVID-19 pandemic fading away, the City’s transient occupancy tax (TOT) is now marginally below the pre-pandemic level; however, many of the other General Fund (Funds 001 to 003) categories have now reached or surpassed pre-pandemic revenue levels. Growth in property tax, including robust Educational Revenue Augmentation Fund (ERAF) receipts, the State's backfill of property tax in lieu of vehicle license fees, and better than expected sales tax revenues culminated in an overall positive actual to budgeted revenue results. FY 2023-24 General Fund revenues and expenditures totaled $63.5 million and $53.0 million respectively, while Net Transfers Out was $3.52 million. Transfers Out included $6.0 million to the City’s Capital Improvement Projects Fund and $63,564 to the Housing Successor Fund for 20% of the loan repayment from the Successor Agency. Transfers In of $21,948 were from the Foundation Fund for the summer concerts.

Total General Fund (Funds 001 to 003) revenues exceeded adopted budget estimates by $5.5 million. Property tax revenues beat expectations by $2.9 million as assessed value growth was aided by gains in the price of home sales, completed development

7.2 7.2 Staff Report

166

projects, and better than conservatively budgeted ERAF revenues. Property tax In- Lieu of Vehicle License Fee revenues was $608,000 lower than budget as the current year shortfall was higher than the State provided backfill from prior periods. Sales tax revenues were slightly below budget by $229,000. TOT revenues are now marginally below the level of the $4.39 million high back in FY 2018-19 and the recovery trend is promising. Due largely to the 350 basis points rise previous years in the Federal Funds rate orchestrated by the Federal Reserve to combat inflation and strong demand for facility use and rentals, interest and rental income continued to do better, which is $1.4 million higher than originally forecasted.

General Fund (Funds 001 to 003) expenditures savings (as compared to the amended budget) totaled $6.5 million as each department finished out the fiscal year within their respective General Fund budgets, with the largest favorable variances coming from Police, Public Works, Parks and Recreation, Community Development, City Manager Office, and Human Resources of $1,807,000, $1,244,000, $944,000, $754,000, $342,000 and $337,000 respectively. The combination of employee retirements/separations and a very tight labor market resulted in many unfilled vacancies, which contributed to both employee services expenditure savings as well as supplies and contract services savings from the lack of personnel.

The City’s June 30, 2024 Unrestricted General Fund balance (Funds 001 to 003) was approximately $63.1 million or 100% of FY 2024-25 budgeted expenditures. This level is well above the 50.0% reserve policy level established by the City Council. The City's Capital Improvement Projects fund, Internal Service funds, and the District's water and wastewater enterprise funds also ended the fiscal year with generally healthy reserve levels.

BACKGROUND/ANALYSIS
The City Council/EMID Board and City staff have committed to provide quarterly financial updates at City Council meetings to review quarterly financial performance and identify general economic trends and specific issues that may affect, positively and negatively, the City’s financial situation.

The report is intended to provide high level financial information for the City Council, City Departments, and the community as a whole. Supplemental revenue and expenditure analyses are also provided for those readers desiring more detailed financial information.

FISCAL IMPACT
There is no fiscal impact with the acceptance of this report.

7.2 7.2 Staff Report

167

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

Attachment 1 - Foster City Financial Update FY 2023-24 Q4 (for the twelve months ended June 30, 2024)
Attachment 2 - Changes in Fund Balances (for the twelve months ended June 30, 2024) Attachment 3 - Comparison of Budget vs. Actual and Prior Year’s Revenues (for the twelve months ended June 30, 2024)
Attachment 4 - Comparison of Budget vs. Actual and Prior Year’s Expenditures (for the twelve months ended June 30, 2024)

7.2 7.2 Staff Report

168

Live, Work & Play
in Foster City
City of Foster City
Financial Services Dept.

General Fund Unrestricted Reserves Ends Year at $63.1 million including receipt of the Vehicle License Fee (VLF) backfill for approximately $667K.

The City’s General Fund Reserves (Funds 001to
003) ended FY 23/24 with an Unrestricted Reserve
balance of $63.1 million. This balance represents a
reserve level of 100% of FY 24/25 budgeted ex-
penditures of $61.8 million.

Total FY 23/24 General F und Revenues, including
VLF backfill, were $63.5 million, surpassing adopted
budget estimates by $2.0 million. Total expendi-
tures, excluding net Transfers Out were $53.0 mil-
lion. Total transfers out of $6.7 million included
$6.0 million to the City CIP Fund and $63,564 for
Successor Agency loan repayment designated to
the Housing Successor Fund. A transfer in of
$21,948 were from the Foundation Fund for the
summer concerts.

Significant General Fund revenues are discussed
below.

Property Taxes: $38.9 million (includes $3.5 million
of Education Revenue Augmentation Fund “ERAF”
refunds from San Mateo County) or $2.9 million
above budgeted expectation s due primarily to a
$1.9 million variance in ERAF and moderate
growth in organic property tax revenues. ERAF
refunds are expected to have continued volatility
and subject to the State’s potential scrutiny. Real
estate transfer taxes totaled $238,000 and fell
short of budget by $73, 000 as the inventory of
homes available for sale diminished with the rise of
mortgage rates following the profusion of refi-
nancings when 30 year mo rtgage rates were much
lower (3%-4% range).

Property Tax In Lieu of Vehicle License Fees (VLF):
$3.8 million or approximately $608,000 below
budget as the current year short fall was higher
than the State provided backfill for prior period
shortfalls. Since the County’s distribution of VLF
revenues are impacted by the number of non-basic
aid school districts; with declines impacting the
availability of monies for distribution to the cities,
the recovery of any shortfalls from the State has
inherent uncertainty. Thus far, the State has ap-
proved funding 2 years after the occurrence of an-
nual VLF shortfalls, but ha s not been supportive of
a legislative fix to the VLF issue.

Transient Occupancy tax (TOT): $4.3 million or
$725,000 above the adopted budget estimates.

These revenues are now marginally below the level
of the $4.39 million high back in FY 2018-19 and the
recovery trend is promising.

Sales tax revenues: $3.7 million or $229,000 below
budget estimates. The shortfall is primarily due to
the adjustments made by the State for the sales that
did not belong to the City.

Business License Tax (BLT): $1.9 million, bettering
estimates by $313,000.

Interest and rental income: $4.3 million or $1.4 mil-
lion higher than estimates as the Federal Reserve’s
Federal Funds rate continued to be at high level in FY
2023-24 and demand for facility rentals accelerated.

Recreation fees/charges: $1.7 million or $183,000
above budget with solid demand for programing and
classes.

Total General Fund (Funds 001to 003) expenditures
were $53.0 million or $6.5 million below the amend-
ed budget. Personnel rela ted savings accounted for
approximately $4.5 million and supplies and contract
services $2.0 million. While the City was able to fill
some positions, the multitude of staff vacancies and
supply chain disruptions contributed to the unex-
pended employee services budget as well as delays
and postponement of work plans and related pro-
curements.

During the year, the City made strong progress in
the Levee CIP project and completed the project in
February 2024.

Both the Water and Wastewater enterprises had
gains in its overall Net Positions and exceeded its
25% reserve levels for its operating funds and its $2
million minimum level for its capital improvement
projects program.

The City’s overall fiscal health at the conclusion of FY 2022-23 remains positive. However, higher costs
associated with adjustments made from the results of
the classification and compensation studies, new la-
bor agreements, and an increase in head counts ap-
proved in the FY 2024-25 budget are contributing to
anticipated multi-year structu ral deficits to the City’s General Fund.

Foster City Financial
Update FY 23/24 Q4

7.2 Attachment 1 - Foster City Financial Update FY 2023-24 Q4 (for the twelve months ended June 30, 2024)

169

Attachment 2

CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT

CHANGE IN FUND BALANCES
FOR THE TWELVE MONTHS ENDED JUNE 30, 2024

CAPITAL ASSETS/ AVAILABLE
TOTAL
FUND
ACTUAL
FY 2023-24

REVENUES
12 MONTHS
ACTUAL
FY 2023-24
TOTAL
FUND

NON-SPENDABLE/ (UNRESTRICTED)

RESTRICTED/

COMMITTED/
ASSIGNED*
FUND

BALANCE
AS OF 7/1/2023

EXPENDITURES
12 MONTHS

TRANSFERS
IN

TRANSFERS
OUT

BALANCE
AS OF 6/30/24

BALANCE
AS OF 6/30/24*
001 GENERAL FUND
002 EMID
003 RECREATION
GENERAL FUND (001-003)
$
$
$
$
$
$
$
$
$
$
$
$
56,921,885
1,845,803
36,980
$
$
$
$
$
$
$
$
$
$
$
$
20,217,348 $ (49,746,363) $
$
$
$
$
$
$
$
$
$
$
$
40,150,895 $
$
$
$
$
$
$
$
$
$
$
$
(6,683,195) $
$
$
$
$
$
$
$
$
$
$
$
60,860,570
2,328,865
-
$
$
$
$
$
$
$
$
$
$
$
$
(127,446) $
$
$
$
$
$
$
$
$
$
$
$
60,733,124
40,896,367
2,359,196
63,472,911
52,054
1,923
$
$
(262,410) - (40,150,895) -
-
2,328,865
(2,942,453) 546,277 - -
58,804,668
1,180,393
41,733
$ (52,951,226) 40,697,172 (46,834,090) 63,189,435
1,076,779
43,656
(127,446)
(1,076,779)
(43,656)
(52,502)
(64,710)
(25,998)
(98,869)
(2,588,919)
(263,605)
63,061,989
005
006
007
008
009
010
011
012

GENERAL FUND - COMMUNITY BENEFITS PROGRAM

GENERAL FUND - DARE
$
$
$
$
$
$
$
$
(155,668) - -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- -

GENERAL FUND - SOLAR INCENTIVE GRANT PROGRAM

GENERAL FUND - RENTAL ASSISTANCE PROGRAM

GENERAL FUND - ASSET SEIZURE/FORFEITURE

GENERAL FUND - PENSION STABILIZATION

GENERAL FUND - FACILITIES REPLACEMENT

GENERAL FUND - SUSTAINABLE FOSTER CITY
68,884 2,618 (19,000) - 52,502
61,859 2,851 - - 64,710
24,853 1,145 - - 25,998
94,514 4,355 -
-
-
-
98,869
2,474,874
207,804
114,045
11,733
2,588,919
263,605(5,932) 50,000
TOTAL ALL GENERAL FUND (FUNDS 001-009) $ 62,959,582 $ 63,663,635 $ (53,131,826) $ 40,747,172 $ (46,834,090) $ 67,404,473 $ (4,342,484) $ 63,061,989

SPECIAL REVENUE FUNDS
101 TRAFFIC SAFETY
102 MEASURE "A"
103 GAS TAX
104 PARK-IN-LIEU FEES
105 MEASURE "M"
108 SLESF/COPS GRANT
114 CALOPPS
116 FOSTER CITY FOUNDATION
119 SB 1 ROAD MAINTENANCE AND REHAB
122 HOUSING SUCCESSOR-LMIHF
124 FC AFFORDABLE HOUSING FUND
128 GENERAL PLAN MAINTENANCE
129 CONSTRUCTION AND DEMO RECYCLING
130 TECHNOLOGY MAINTENANCE
131 SB 1186
132 SMIP FEE
133 CRV GRANT FUND
134 CURBSIDE RECLYCLING
135 GREEN BUILDING FEE
136 MEASURE W
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
7,497
4,686,950
517,184
2,902,945
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
42,389
1,183,512
951,739
133,771
100,000
186,159
533,753
41,261
929,762
190,399
134,697
488,945
119,666
74,238
8,931
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
(43,605) $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
- $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
- $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
6,281
5,212,616
533,374
3,036,716
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
(6,281) $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
(0)
(657,846) - - (4,686,950) 525,666
16,190
133,771
-
(935,549) - - (517,184)
- - - (2,902,945)
(100,000) - - -
- (186,159) - - - - -
459,335
413,212
863,817
2,441,355
4,642,671
1,927,194
758,768
226,770
39,618
5,385
(336,379) - - 656,709
388,237
1,793,579
2,561,517
4,733,651
2,287,171
722,718
209,928
47,249
- 656,709
368,134
1,343,579
2,561,517
710,074
2,287,171
722,718
209,928
47,249
5,801
(44,288) - (21,948) (20,103)
- - - (450,000)
(133,801) 63,564 - -
(43,717) -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
- (4,023,577)
(128,968) - -
(105,716) (50,000) -
(91,081) - -
(1,300) - -
416 - - 5,801 -
14,124
253,249
6,928
8,984 (11,993) - 11,115 - 11,115
278,024
7,675
24,775
747
- - 278,024
7,675
-
- - -
1,234,883
588,598
234,143
158,351
22,418
31,221
-
476,881
4,888,484
10,790
632,613
23,577
94,628
568,798
61,579
192,840
(240,215) - 1,471,549
5,467,173
244,933
(557,447)
45,995
(575,000) 896,549
5,467,173
244,933
(557,447)
45,995
83,354
568,798
61,579
192,840
137 COMMERCIAL LINKAGE FEE
138 TENANT RELOCATION ASSISTANCE
139 WORKFORCE HOUSING
140 EQUIPMENT REPLACEMENT-WORKFORCE HOUSING
141 SB 1383 IMPLEMENTATION
142 PARK FACILITIES IMPACT FEE
143 PUBLIC SAFETY IMPACT FEE
144 TRANSPORTATION IMPACT FEE
(9,909) - -
-
-
-
-
-
-
-
- -
(790,965) (557,446)
- -
-
-
-
-
(42,495) 83,354
-
-
-
568,798
61,579-
- 192,840
TOTAL SPECIAL REVENUE FUNDS $ 22,436,616 $ 12,104,334 $ (3,903,986) $ 63,564 $ (629,394) $ 30,071,134 $ (13,182,040) $ 16,889,094

Page 1 of 2 ends

Foster City City CouncilNovember 4, 2024

Foster City City Council
November 4, 2024