Agenda packet — Foster City City Council, December 2, 2024 (part 1 of 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://FOSTERCITYORG.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 nonagenda 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, December 02, 2024 6:30 PM
1 teeetgbyeatopubccoet@ostectyogadbeadepatotetteecodbutotbe read verbally at the meeting. Written public comments submitted by email should adhere to the following:

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

AGENDA
Monday, December 02, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Honoring Police Chief Tracy Avelar for her Service to the Foster City Police Department

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

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

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

This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remainingitemsontheConsentCalendar.Votemaybebyrollcall. 2 using the “raise hand” feature and the Zoom host will call on people.

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

6.1. City/EMID Regular Meeting Minutes of November 18, 2024

6.2. An Ordinance of the City of Foster City Adopting Text Amendments to Various Chapters Within Title 17, Zoning, of the Foster City Municipal Code to Implement the RHNA 6 Housing Element for the 20232031 Planning Period and Comply with Recent Changes in State Law and Finding That the Amendments are within the Scope of the Environmental Impact Report Prepared Under the California Environmental Quality Act (CEQA) for the Housing Element and Safety Element Update (SCH#2022010509). – Rz20240012 (First Reading on November 18, 2024)
a) Adopt Ordinance

6.3. A Resolution of the City Council of the City of Foster City Amending the Purchasing Policy Updating Section 5 – Dollar Limits, Public Contract Code Section to Raise Thresholds for Solicitation per the California Uniform Public Construction Cost Accounting Act as Amended Under Assembly Bill 2192 and Section 9 – Procurement of RecycledContent Paper Products to Simplify Language and Reflect Current Practice
a) Staff Report
b) Adopt Resolution

6.4. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a FiveYear Agreement With Roundstone Solutions, Inc. In an Amount Not to Exceed $104,752 to Purchase Cohesity Backup Servers and Services
a) Staff Report
b) Adopt Resolution

6.5. A Resolution of the City Council of the City of Foster City Authorizing Issuance of a Request for Proposals for Kiteboard Lessons, Retail, Rental and Demonstrations at Baywinds Park From March 1, 2025 Through December 31, 2027 With Optional Extensions Through December 31, 2029 a) Staff Report
b) Adopt Resolution

6.6. A Resolution of the City Council of the City of Foster City Approving an Agreement for Professional Services in an Amount Not to Exceed $280,812 With Rincon Consultants Inc. for an Amendment of the City of Foster City’s General Plan Parks and Open Space and Conservation Elements and Approve a Supplemental Appropriation in the Amount of $280,812 in Account 12808384194251
a) Staff Report
b) Adopt Resolution
3 y,g
31, 2027 With Optional Extensions Through December 31, 2029 a) Staff Report
b) Adopt Resolution

6.7. a) A Resolution of the City Council of the City of Foster City Authorizing a Supplemental Appropriation in General Fund (Fund 001) for $154,000 and Approving an Overhire for the Finance Director Position From January 2025 Through End of April 2025; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing a Supplemental Appropriation in General Fund (Fund 001) for $154,000 and Approving an Overhire for the Finance Director Position From January 2025 Through End of April 2025 c) Staff Report
d) Adopt Resolutions

6.8. 2024 Legislative Update
a) Staff Report
b) By Minute Order, Receive and Accept Report

7. PUBLIC HEARINGS

7.1. A Public Hearing to Hear and Receive Comments Regarding the Integrative Adaptive Canada Goose Management Plan and Initial Study/Mitigated Negative Declaration (IS/MND) for the Foster City Integrative Adaptive Canada Goose Management Plan (SCH Number 2024090125).
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – A Resolution of the City Council of the City of Foster City (1) Adopting the Initial Study and Mitigated Negative Declaration With All Findings and Standard Conditions of Approval and Mitigation Monitoring and Reporting Program (MMRP) Pursuant to the California Environmental Quality Act (CEQA) for the Integrated Adaptive Canada Goose Management Plan (“Plan”); And (2) Approving the Plan and Its Implementation

7.2. A Public Hearing to Hear and Receive Community Input on the Selected Final Map (Map B2 Live Edits) and Sequencing of Elections and Adopt the Ordinance to Provide for the Election of Councilmembers by Five Districts; Establish District Boundaries and Election Order of Districts (to start at a time certain 7:00 p.m.)
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action An Ordinance of the City Council of the City of Foster City AmendingTitle2“AdministrationandPersonnel”oftheFosterCityMunicipal 4 ()gpg
(“Plan”); And (2) Approving the Plan and Its Implementation

7.2. A Public Hearing to Hear and Receive Community Input on the Selected Final Map (Map B2 Live Edits) and Sequencing of Elections and Adopt the Ordinance to Provide for the Election of Councilmembers by Five Districts; Establish District Boundaries and Election Order of Districts (to start at a time certain 7:00 p.m.)
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action An Ordinance of the City Council of the City of Foster City Amending Title 2 “Administration and Personnel” of the Foster City Municipal Code to Add Section 2.56.025 “District Elections” to Provide for the Election of Members of the City Council by Five Districts; Establish the District Boundaries; and Election Order of Each District
i) Adopt Ordinance

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on November 5, 2024, and November 13, 2024, and ACH were processed on November 5, 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:

LIVEevery1stand3rdMondayofthemonth
5 Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.

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
6 4.1

4.1 Proclamation
7 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF NOVEMBER 18, 2024

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of November 18, 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; Cory Call, Police Captain; Sofia Mangalam, Community Development Director; Waqas Hassan, Assistant Finance Director; Rob Lasky, IT Manager; Dave Orlando, Police Lieutenant; Frank Fanara, Parks Manager; Nori Jabba, Housing Coordinator; Leslie Carmichael, Consulting Planner; Laura Galli, Engineering Manager; Vanessa Brannon, Senior Management Analyst; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

PUBLIC
Timothy S. O’Hara addressed the City Council in person regarding voter’s rights.

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

6.1 6.1 Minutes
8 City/EMID Consent Calendar

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

2. City Resolution No. 2024-117, “A Resolution of the City Council of the City of Foster City Authorizing the Police Department to Enter into a Data Sharing Memorandum of Understanding (MOU) With the San Mateo County Sheriff’s Office for a Data Aggregation Platform;”

3. City Resolution No. 2024-118, “A Resolution of the City Council of the City of Foster City Approving Contract Amendment No. 1 to the Agreement with HIP Housing Affordable Ventures (HHAV) for Property Management Services for Workforce Housing in an Amount Not to Exceed $60,040 to Increase the Agreement Total from $36,960 to $97,000 and Other Revisions; and Authorizing the Mayor to Execute the Amendment;” and

4. City Resolution No. 2024-119, “A Resolution of the City Council of the City of Foster City Approving Contract Amendment No. 1 to the Agreement with HIP Housing Affordable Ventures (HHAV) for Property Management Services for the Existing Unite Purchase Program (EUPP) Units for a Deduction of $109,600 to Lower the Contract Maximum from $167,600 to $58,000, and Other Revisions; and Authorizing the Mayor to Execute the Amendment.”

ITEM REMOVED FROM CONSENT CALENDAR
2024 ASSET MANAGEMENT REPORT FOR CITY-OWNED WORKFORCE HOUSING AT 501 PILGRIM DRIVE. MINUTE ORDER NO. 2002.

Without objection from the City Council, Mayor Sullivan removed this item from the Consent Calendar.

Housing Coordinator Jabba presented the staff report.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting Minute Order No. 2002, receiving and accepting the 2024 Asset Management Report for City-Owned Workforce Housing at 501 Pilgrim Drive.

PUBLIC HEARINGS
VARIOUS MUNICIPAL CODE AMENDMENTS, TITLE 17 FOR HOUSING ELEMENT IMPLEMENTATION FOR 2024.

Community Development Director Mangalam presented the staff report.

6.1 6.1 Minutes
9 Mayor Sullivan opened a public hearing to hear and consider comments regarding Various Municipal Code Amendments, Title 17 for Housing Element Implementation for 2024.

No public testimony was received.

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

Discussion ensued.

Motion by Councilmember Froomin, seconded by Vice Mayor Jimenez, and carried unanimously by roll call vote, 5-0-0, to introduce and read by title only, waive further reading and pass to second reading, “An Ordinance of the City of Foster City Adopting Text Amendments to Various Chapters Within Title 17, Zoning, of the Foster City Municipal Code to Implement the RHNA 6 Housing Element for the 2023-2031 Planning Period and Comply with Recent Changes in State Law and Finding That the Amendments are within the Scope of the Environmental Impact Report Prepared Under the California Environmental Quality Act (CEQA) for the Housing Element and Safety Element Update (SCH#2022010509). – Rz2024-0012.”

SUBMITTED DRAFT MAPS AND SEQUENCE OF ELECTIONS FOR DISTRICT-BASED

COUNCIL ELECTIONS AND INTRODUCTION OF AN ORDINANCE TO PROVIDE FOR THE ELECTION OF COUNCILMEMBERS BY FIVE DISTRICTS; ESTABLISH DISTRICT BOUNDARIES AND ELECTION ORDER OF DISTRICTS. (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 submitted draft maps and sequence of elections for district-based Council elections.

The following people addressed the City Council via email:

1. Judy Phillip;

2. Alison Metz;

3. Ron Schmidt;

4. Yan Chen;

5. Evan Adams; and

6. Kay Ballantyne.

Shepley Chen addressed the City Council in person.

Evan Adams addressed the City Council via teleconference.

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

6.1 6.1 Minutes
10 Discussion ensued.

Motion by Councilmember Froomin, seconded by Councilmember Kiesel, and carried by roll call vote, 3-2-0, Councilmember Hindi and Vice Mayor Jimenez voted “no,” selecting “Draft Map B2 Live Edit” as the Final Map. Motion by Councilmember Froomin, seconded by Councilmember Kiesel, and carried by roll call vote, 3-2-0, Councilmember Hindi and Vice Mayor Jimenez voted “no,” selecting “Draft Map B2 Live Edits” as the Final Map.

Motion by Councilmember Froomin, seconded by Mayor Sullivan, and carried by roll call vote, 4-1-0, Councilmember Hindi voted “no,” selecting the sequence of elections for district-based council elections to be District 1 and District 2 in 2026, and Districts 3, 4, and 5 in 2028.

Motion by Councilmember Froomin, seconded by Councilmember Kiesel, and carried by roll call vote, 4-1-0, Councilmember Hindi voted “no,” to introduce and read by title only, waive further reading, and pass to second reading, “An Ordinance of the City Council of the City of Foster City Amending Title 2 “Administration and Personnel” of the Foster City Municipal Code to Add Section 2.56.025 “District Elections” to Provide for the Election of Members of the City Council by Five Districts; Establish the District Boundaries as stated in Draft Map B2 Live Edits; and Election Order of Each District based on Draft Map B2 with Staff Recommended Sequencing with Districts 1 and 2 to Be Up for Election in 2026 and Districts 3,4, and 5 to be Up for Election in 2028.”

DRAFT CLIMATE ACTION PLAN UPDATE AND INITIAL STUDY/NEGATIVE DECLARATION. CITY RESOLUTION NO. 2024-120. CITY RESOLUTION NO. 2024- 121.

Senior Management Analyst Brannon presented the staff report.

Mayor Sulivan opened a public hearing to hear and consider comments regarding the Draft Climate Action Plan Update and Initial Study/Negative Declaration.

The following people addressed the City Council in person:

1. Ron Haupt; and

2. Larry Staley, representing the Citizens Sustainability Advisory Committee.

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

Motion by Mayor Sullivan, seconded by Councilmember Hindi, and carried unanimously, 5-0-0, adopting City Resolution No. 2024-120, “A Resolution of the City Council of the City of Foster City Adopting the Initial Study/Negative Declaration for the Foster City Climate Action Plan 2024 Update.”
Motion by Councilmember Hindi, seconded by Councilmember Froomin, and carried unanimously, 5-0-0, adopting City Resolution No. 2024-121, “A Resolution of the City Council of the City of Foster City Adopting the Foster City Climate Action Plan 2024

6.1 6.1 Minutes
11 Update (CEQA Status: Adopted Negative Declaration for the Climate Action Plan 2024 Update).”

REPORTS
PARKS MASTER PLAN PROJECT (CIP 301-682) – PROJECT UPDATE: PARK ASSESSMENTS, PARK USAGE, AND DEMOGRAPHICS AND TRENDS REPORTS.

MINUTE ORDER NO. 2003.

Parks Manager Fanara introduced Madison Merrill and Peter Winch, representing Wallace Roberts & Todd (WRT), who presented the staff report.

Evan Adams addressed the City Council via email.

Discussion ensued.

Motion by Mayor Sullivan, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting Minute Order No. 2003, to receive and accept the Parks Master Plan Project (CIP 301-682) – Project Update: Park Assessments, Park Usage, and Demographics and Trends Reports.

WASTEWATER TREATMENT PLANT MASTER PLAN IMPROVEMENTS PROJECT (CIP 455-652) – CLEAN WATER PROGRAM – UPDATE FOR QUARTER 3 – JULY THOUGH SEPTEMBER 2024. MINUTE ORDER NO. 2004.

Public Works Director Brozyna introduced Steve Tarantino, representing EKI Environment and Water, Inc., who presented the staff report.

Discussion ensued.

Motion by President Sullivan, seconded by Director Kiesel, and carried unanimously, 5- 0-0, adopting Minute Order No. 2004, to receive and accept the report on the Wastewater Treatment Plant Master Plan Improvements Project (CIP 455-652) – Clean Water Program – Update for July - September 2024.

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

City/District Warrants of Demands were Processed and Issued on October 24, 2024, and October 30. 2024.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS

6.1 6.1 Minutes
12 Councilmember/Director Hindi stated the SFO Community Roundtable will hold a Technical Working Group on November 19 in the Foster City Council Chambers Conference Room, where they will discuss landing paths.

Councilmember/Director Kiesel wished the public a Happy Thanksgiving.

Vice Mayor/Vice President Jimenez stated she attended the City/County Association of Governments of San Mateo County (C/CAG) Congestion Management and Environmental Quality (CMEQ) meeting on October 28. She attended the C/CAG Board meeting on November 14, where she was appointed to serve on the San Mateo County Express Lane Joint Powers Authority (SMCEL-JPA). On November 18, she attended the San Mateo County Office of Education Child Care Partnership Council meeting. She shared that there will be a Discount Rain Barrel Program in Hillsborough on December 7 and in San Carlos on December 14, and residents can visit flowstothebay.org for more information.

Mayor/President Sullivan stated he met with students from Beach Park Elementary School for a “Meet the Mayor” visit/City educational tour on October 30. He joined Councilmember Kiesel and Councilmember Hindi for the grand opening of CHME Pharmacy on November 6. On November 12, he met with the San Mateo-Foster City Girl Scout Troop for a “Meet the Mayor” visit. He commended the candidates of the 2024 City Council Election for their efforts in running for office.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 9:29 p.m.

6.1 6.1 Minutes
13 ORDINANCE NO.______________

AN ORDINANCE OF THE CITY OF FOSTER CITY ADOPTING TEXT AMENDMENTS TO VARIOUS CHAPTERS WITHIN TITLE 17, ZONING, OF THE FOSTER CITY MUNICIPAL CODE TO IMPLEMENT THE RHNA 6 HOUSING ELEMENT FOR THE 2023-2031 PLANNING PERIOD AND COMPLY WITH RECENT CHANGES IN STATE

LAW AND FINDING THAT THE AMENDMENTS ARE WITHIN THE SCOPE OF THE

ENVIRONMENTAL IMPACT REPORT PREPARED UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) FOR THE HOUSING ELEMENT AND SAFETY ELEMENT UPDATE (SCH#2022010509). – RZ2024-0012

CITY OF FOSTER CITY
WHEREAS, the Housing Element is an integral part of the Foster City General Plan that identifies the community’s housing needs, states the community’s goals and objectives regarding housing production, rehabilitation, preservation, and conservation to meet those needs, and defines the policies and programs; and WHEREAS, Chapter 8, Housing Goals, Policies, and Programs of the Housing Element, forms the housing policy roadmap for the city and describes the implementation measures that the city needs to undertake in the planning period 2023-31; and WHEREAS, these goals, policies, and programs aim to provide additional housing in a way that is balanced with the community’s desires to retain the aspects of Foster City that make it a great place to live, work, and play; and WHEREAS, the Housing Element Programs include the City’s commitment to timeframes for implementation and the Annual Progress Report (APR) to the California Department of Housing and Community Development (HCD), due by April 1 of each year, reports on progress in implementation of these Programs; and WHEREAS, amendments to Foster City Municipal Code, Title 17, Zoning are required for the implementation of the Housing Element programs, including, H-C-1-b, HD-6-b, H-D-4-f, H-D-6-c, H-E-9-a, H-E-9-b, H-F-2-e, and H-F-3-b for the year 2024; and WHEREAS, on September 11, 2024, a Land Use Subcommittee meeting was held to discuss the implementation of the Housing Element programs; and WHEREAS, on September 19, 2024, a Planning Commission Study Session was held to review and discuss proposed amendments to Title 17, Zoning for the implementation of the Housing Element programs; and
WHEREAS, on October 17, 2024, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider adoption of text amendments to Title 17, Zoning, of the Foster City Municipal Code to implement the RHNA 6 Housing Element for the 2023-2031 planning period and comply with recent changes in State Law and finding that the amendments are within the scope of the

6.2 6.2 Ordinance
14 Environmental Impact Report prepared under the California Environmental Quality Act (CEQA) for the Housing Element and Safety Element Update (SCH#2022010509); and WHEREAS, the proposed amendments within the scope of the Environmental Impact Report prepared under the California Environmental Quality Act (CEQA) for the Housing Element and Safety Element Update (SCH#2022010509); and WHEREAS, on November 6, 2024, a Notice of Public Hearing was duly posted for consideration of the amendments to various Chapters in Title 17, Zoning, of the Foster City Municipal Code to implement the RHNA 6 Housing Element for the 2023-2031 planning period and comply with recent changes in State Law, and the related CEQA finding, for the City Council public hearing on November 18, 2024; and WHEREAS, on November 18, 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 text amendments to Title 17, Zoning, of the Foster City Municipal Code to implement the RHNA 6 Housing Element for the 2023-2031 planning period and comply with recent changes in State Law, 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 text amendments to various Chapters in Title 17 are contemplated in the scope of the Environmental Impact Report prepared under the California Environmental Quality Act (CEQA) for the Housing Element and Safety Element Update (SCH#2022010509);
Section 2. Amendment. The City Council does hereby amend specified Chapters in Title 17, Zoning of the Foster City Municipal Code as presented in the attached Exhibits A through J, with additions identified by underline and deletions in strikethrough, as listed below and attached hereto and incorporated herein:
• Exhibit A: Chapter 17.04 Definitions

6.2 6.2 Ordinance
15 • Exhibit B: Chapter 17.16 RT Townhouse Residence District • Exhibit C: Chapter 17.18 R-3 Medium Density Multiple-Family Residence District • Exhibit D: Chapter 17.26 C-2 General Business District • Exhibit E: Chapter 17.28 CM Commercial Mix District
• Exhibit F: Chapter 17.32 PF Public Facilities District • Exhibit G: Chapter 17.62 Off-Street Parking Regulations • Exhibit H: Chapter 17.76 Conversion Regulations
• Exhibit I: Chapter 17.78 Accessory Dwelling Units
• Exhibit J: Chapter 17.86 Emergency Shelters, Low-Barrier Navigation Centers, and Supportive Housing.

All other sections and subsections not specifically identified in Exhibits A-J shall remain unchanged.

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

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

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

This Ordinance was introduced and read on the 18th day of November 2024, and passed and adopted on the 2nd day of December, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
______________________________

PRISCILLA SCHAUS, CITY CLERK

6.2 6.2 Ordinance
16 EXHIBIT A
Amendments to Chapter 17.04 Definitions
Chapter 17.04 Definitions of Title 17, of the Foster City Municipal Code is hereby amended to amend an existing definition as follows:

Navigation Center, Low-Barrier. “Low-barrier navigation center” is a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. A Low Barrier Navigation Center may be non-congregate and relocatable. “Low-barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

2. Pets.

3. The storage of possessions.

4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

Chapter 17.04 Definitions of Title 17, of the Foster City Municipal Code is hereby amended to amend an existing definition as follows:
“Single-room occupancy (SRO)” means a unit that is a one-room dwelling unit with limited cooking and living facilities designed primarily for one individual, within a multiple-unit structure.

6.2 6.2 Ordinance
17 EXHIBIT B
Amendments to Chapter 17.16 RT Townhouse Residence District Section 17.16.020 Permitted Uses of Chapter 17.16 RT Townhouse Residence District of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:

17.16.020 Permitted uses.

The following uses shall be permitted in the R-T district:

A. One-family attached residential or townhouse units; provided, that a maximum of six units may be joined together by common walls;
B. Accessory structures and uses located on the same site as the townhouse unit for which the use is clearly related to the primary unit;
C. Home occupations as defined in Section 17.04.020;
D. Common open areas maintained and available for the use of the residents of the development;
E. Private roads and driveways; provided, that a minimum road width of twenty-four feet shall be maintained where no driveway access occurs, and width of twenty-eight feet shall be minimum where driveways or parking bays occur;
F. Common recreation facilities including but not limited to community buildings, swimming pools, activity court and the like. A minimum of ten percent of the development shall be devoted to active recreational activity;
G. Community care facilities including family day care homes, day care centers, residential care facilities, low-barrier navigation centers, transitional housing and supportive housing as defined by Section 17.04.020;
H. Accessory dwelling units in compliance with Chapter 17.78. (Ord. 674 § 2 (Exh. D), 2024)

6.2 6.2 Ordinance
18 EXHIBIT C
Amendments to Chapter 17.18 R-3 Medium Density Multiple-Family Residence District Section 17.18.020 Permitted Uses of Chapter 17.18 R-3 Medium Density Multiple-Family Residence District of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:

17.18.020 Permitted uses.

The following uses shall be permitted in the R-3 districts:

A. Multiple-family dwellings.

B. Accessory uses which are related to multiple-family dwellings.

C. Home occupations as defined in Section 17.04.250.

D. Community care facilities including family day care homes, day care centers, residential care facilities, low-barrier navigation centers, transitional housing and supportive housing as defined by Sections 17.04.020.

E. Accessory dwelling units in compliance with Chapter 17.78. (Ord. 674 § 2 (Exh. E), 2024)

6.2 6.2 Ordinance
19 EXHIBIT D
Amendments to Chapter 17.26 C-2 General Business District Section 17.26.020 Permitted Uses of Chapter 17.26 C-2 General Business District of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:

17.26.020 Permitted uses.

The following uses shall be permitted in the C-2 districts:

A. Any use which is a permitted use in the neighborhood commercial C-1 districts, except that the following uses are excluded from the C-2 zone: laundromats; B. Retail stores and services establishments which supply commodities or provide service primarily to meet the needs of residents of the community, such as large department stores, automobile sales agencies, bars and cocktail lounges, sale of antiques and specialty items, costume rental shops, bicycle stores (including rental and repair), hotels and motels (including restaurant and meeting rooms), and other general commercial uses serving the needs of the community as a whole and which, in the opinion of the city planning director, are similar to the above-mentioned uses;
C. Parking lots, open and other than accessory, for the storage of private passenger automobiles and subject to the provisions of Chapter 17.62; D. Incidental and accessory structures and uses on the same site with and necessary to the operation of a permitted use. (Ord. 674 § 2 (Exh. G), 2024) E. Community care facilities including family day care homes, day care centers, residential care facilities; single-room occupancy units; low-barrier navigation centers; transitional housing and supportive housing as defined by Section 17.04.020.

6.2 6.2 Ordinance
20 EXHIBIT E
Amendments to Chapter 17.28 CM Commercial Mix District
Section 17.28.030 Permitted Uses of Chapter 17.28 CM Commercial Mix District of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:

17.28.030 Permitted uses.

A. The uses permitted within the C-M district are only those uses consistent with the general plan land use designation and as specified within the use permit required in connection with such district. Other uses may be approved from time to time by the planning commission and found to be similar to the uses previously approved.

B. Cannabis testing laboratories may be an allowable use within the required use permit only in that portion of the C-M district that is located north of California State Highway Route 92, subject to the requirements of Chapter 8.10 and subject to the requirements of this chapter.

C. No use shall be established on a parcel of land which causes the amount of parking required by this title for that parcel to exceed the number of parking spaces provided. Where combined use of parking is requested, the number of parking spaces provided shall not be reduced below the number of spaces required by the maximum user. (Ord. 674 § 2 (Exh. H), 2024)
D. Community care facilities including family day care homes, day care centers, residential care facilities, single-room occupancy units, low-barrier navigation centers, transitional housing and supportive housing as defined by Section 17.04.020.

6.2 6.2 Ordinance
21 EXHIBIT F
Amendments to Chapter 17.32 PF Public Facilities District Section 17.32.020 Permitted Uses of Chapter 17.32 PF Public Facilities District of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:

17.32.020 Permitted uses.

The following uses shall be permitted in the P-F districts:

A. Buildings and facilities owned, leased or operated (whether in a governmental or proprietary capacity) by the city, the county, the state, or the federal government, any public school district or any other public district within the city.

B. Emergency shelters and low-barrier navigation centers for the homeless pursuant to Chapter 17.82.

C. Housing developments in conformance with Government Code Section 65913.16.

D. On properties owned or occupied by a religious institution or school use, up to four accessory dwelling units (ADUs) and/or junior accessory dwelling units (JADUs) per lot. (Ord. 677 § 3 (Exh. B), 2024; Ord. 657 § 4 (Exh. M), 2023)
E. Single room occupancy, transitional housing and supportive housing as defined by Section 17.04.020.

6.2 6.2 Ordinance
22 EXHIBIT G
Amendments to Chapter 17.62 Off-Street Parking Regulations Section 17.62.060.A.5 of Chapter 17.62 Off-Street Parking Regulations of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:

5. Senior Citizens Rental Housing and Supportive Housing. a. A housing development designed and maintained as rental housing for senior citizens (persons aged sixty years or older) or supportive housing will be permitted a reduction in the required number of resident off-street parking stalls down to a ratio of one-half0.75 off-street parking stalls per bedroom. Required resident parking may be reduced pursuant to Section

17.62.060.D.3.
b. Guest parking shall be provided at a ratio of one-half0.25 off-street parking stalls per unit. A passenger drop-off zone provided per Section 17.62.095.A.4 could count towards five (5) guest parking spaces. However, in no case, may the guest parking reduction exceed five (5) spaces. c. Notwithstanding the requirements for resident and guest parking, if a supportive housing development is located within one-half mile of a public transit stop, pursuant to California Government Code Section 65654, no minimum parking requirements shall be imposed.

Section 17.62.095 of Chapter 17.62 Off-Street Parking Regulations of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:

17.62.095 Passenger drop-off zone requirements.

A. A minimum of one passenger drop-off zone shall be provided for the following:

1. Any new commercial, hotel, or office building constructed of forty thousand square feet or larger;

2. Any change in occupancy of any commercial or office building or the manner in which any use is conducted that would result in additional occupancy limits.

3. Any new residential building containing fifty or more dwelling units. (Ord. 674 § 2 (Exh. K), 2024)

4. Any senior citizens housing development containing five or more dwelling units.

6.2 6.2 Ordinance
23 EXHIBIT H
Amendments to Chapter 17.76 Conversion Regulations
Chapter 17.76 Conversion Regulations of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:

Chapter 17.76
CONVERSION REGULATIONS*
Sections:
• 17.76.010 Purpose.
• 17.76.020 Definitions.
• 17.76.030 General requirements.
• 17.76.040 Requirements for tentative map and use permit approval. * Editor’s Note: The provisions of this chapter supersede Sections 16.36.030, 16.36.070, 17.16.020, 17.56.010, and 17.62.010 of this code insofar as these sections apply to rental apartment conversions.

17.76.010 Purpose.

In order to provide for the housing needs of all economic segments of the community, and protect the health, safety, and welfare of its residents, the city council finds that the regulation of rental housing conversion is necessary to achieve the following purposes:

A. To attempt to provide a reasonable balance of rental and ownership housing in Foster City; B. To ensure that apartment conversions do not conflict with the goals or policies of the general plan;
C. To provide tenant and buyer protection relating to displacement and relocation of renters, ensuring purchasers are informed regarding the structural integrity of buildings and ensuring said buildings and utility systems reasonably comply with all current codes which may directly impact the health, safety, and welfare of future residents including codes related to noise and insulation standards;
D. To reduce and avoid the impact of such conversions on existing and future low and moderate income residents of the community by attempting to maintain an adequate supply of

6.2 6.2 Ordinance
24 rental housing which provides the majority of housing opportunity for lower and moderate income households. (Ord. 214 § 1 (part), 1981)

17.76.020 Definitions.

For the purposes of this chapter the words set out in this section shall have the following meanings:

A. “Apartment” means a building designed for or occupied by two or more families living independently of each other as defined in the state UniformCalifornia Building Code as it shall be amended from time to time, except accessory dwelling units (ADUs) or junior accessory dwelling units (JADUs) on single-family properties.

B. “Association” means the organization of persons who own a lot, parcel, area, condominium or right of exclusive occupancy in a community housing project.

C. “Building official” means the chief building official of the city or the designee of the planning community development director.

D. “Common area” means an entire project excepting all residential dwelling units therein.

E. “Community apartment.” A “community apartment” is where an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

F. “Community housing project” means condominium project, as defined in Sections 685 and 686 of the Civil Code, or successor sections, containing two or more condominiums as defined in Section 783 of the California Civil Code, or its successor section; a community apartment project, as defined in Section 11004 of the Business and Professions Code, or successor section, containing two or more rights of exclusive occupancy; a stock cooperative as defined in Section 11003.2 of the Business and Professions Code, or successor section, containing two or more separately owned lots, parcels, or areas; and a planned development as defined in Section 11003 of the California Business and Professions Code, or successor section, containing two or more separately owned lots, parcels, or areas.

G. “Condominium” means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office or store. A condominium may include in addition a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either an estate of inheritance or perpetual estate; an estate for life; or an estate for years, such as a leasehold or subleasehold.

H. “Conversion” means a proposed change in the type of ownership of a parcel or parcels of land from a use that is not a community housing or community housing project use, together with the existing or added structures, to any types of ownership defined under community housing and community housing projects regardless of the present or prior use of such land and

6.2 6.2 Ordinance
25 structures and whether substantial improvements have been made or are to be made to such structures.

I. “Developer” means the owner or subdivider with a controlling proprietary interest in the community housing project, or the person or organization making application hereunder.

J. “Director” means the planning community development director of the city of Foster City or his/herthe director’s designee.

K. “HandicappedDisabled”. A person is handicapped disabled who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment and has the following characteristics: an orthopedic disability impairing ability to obtain employment, a physical disability where the person requires special care facilities in the home, or a developmental disability or mental disorder which would render him or herthem eligible to participate in programs of rehabilitation or social services conducted by or on behalf of a public agency.

L. “Housing market area” means the area that includes the cities of Foster City, San Mateo and Belmont.

M. “Lower income” means households with incomes no greater than the maximum income for low income households, as published annually by the California Department of Housing and Community Development (HCD) as the official state income limits pursuant to Health and Safety Code Section 50093 for San Mateo County, adjusted for household sizea tenant or household that earns eighty percent or below of the county or SMSA median income, whichever produces the higher figure.

N. “Moderate income” means households with incomes no greater than the maximum income for moderate income households, as published annually by the California Department of Housing and Community Development (HCD) as the official state income limits pursuant to Health and Safety Code Section 50093 for San Mateo County, adjusted for household sizea tenant or household that earns more than eighty percent, but not more than one hundred twenty percent, of the county or SMSA median income, whichever produces the higher figure.

O. “Multiple family residential project” means a rental housing development consisting of five or more dwelling units attached to or within one structure.

P. “Organizational documents” means the declaration of restrictions, articles of incorporation, bylaws, and any contracts for the maintenance, management or operation of all or any part of the community housing project.

Q. “Planned development” means a real estate development other than a community apartment project as defined in Section 11004 of the Business and Professions Code, a project consisting of condominiums as defined in Section 783 of the Civil Code, or a stock cooperative as defined in Section 11003.2 of the Business and Professions Code, having either or both of the following features:

6.2 6.2 Ordinance
26 1. Any contiguous or noncontiguous lots, parcels or areas owned in common by the owners of the separately owned lots, parcels or areas consist of areas or facilities the beneficial use and enjoyment of which is reserved to some or all of the owners of separately owned lots, parcels or areas;

2. Any power existing to enforce any obligation in connection with membership in the owners association as described in Section 11003.1 of the Business and Professions Code, or any obligation pertaining to the beneficial use and enjoyment of any portion of, or any interest in, either the separately or commonly owned lots, parcels or areas by means of a levy or assessment which may become a lien upon the separately owned lots, parcels, or areas of defaulting owners or members, which said lien may be foreclosed in any manner provided by law for the foreclosure of mortgages or deeds of trust, with or without a power of sale.

R. “Stock cooperative” means a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock or membership certificate in the corporation held by the person having such right of occupancy.

The term “stock cooperative” does not include a limited-equity housing cooperative, as defined in Section 11003.4 of the Business and Professions Code or successor section.

S. “Subdivision Map Act”. The “Subdivision Map Act” shall refer to the subdivision law of the state of California commencing with Section 66410 of California Government Code, or its successor.

T. “Subdivision ordinance” means an ordinance of the city of Foster City consisting of Title 16 of the Foster City Code and the Estero Municipal Improvement District Code as the same now exists or is hereafter amended. (Ord. 214 § 1 (part), 1981) U. “Very low income” means households with incomes no greater than the maximum income for very low income households, as published annually by the California Department of Housing and Community Development (HCD) as the official state income limits pursuant to Health and Safety Code Section 50093 for San Mateo County, adjusted for household size.

17.76.030 General requirements.

A. Conversion Tied to New Rental Construction. In no case shall rental apartment units be converted to a community housing project unless an equal number of new rental apartment units are constructed completed on or before January 1st of each calendar year. The planning director shall certify the total number of rental apartment units constructed completed the previous year, commencing on July January 1st and ending June December 31st 30th of each year. One hundred percent of the certified one year’s total for the previous year will be the allowed number of apartment units eligible for conversion into units of a community housing project in the current fiscal calendar year. In the event the maximum permitted number of units is not converted in a given fiscal year, the surplus shall be carried over once to the following year to count towards the number of apartment units eligible for conversion.

6.2 6.2 Ordinance
27 1. Selection Procedure. Applicants may submit applications for conversions twice a year, due at the close of business on the last Friday of April, and the last Friday of October. The semiannual number of units approved for conversion shall not exceed one-half the total determined in Section 17.76.030 A, unless, at the previous commission hearing on conversion, there were no applications approved, or those approved did not equal the amount allowed for conversion. These applications must contain all information required for a tentative map application pursuant to this chapter.
a. If the applications for the number of units to be converted exceeds the amount allowed for conversion determined in Section17.76.030.A.1, the The planning director shall conduct a lottery to rank each batch of applications. in accordance with a formula based upon the following criteria:
a. The extent to which the proposed conversion will provide housing opportunities that address the goals of the Foster City housing element;
b. The extent to which the proposed conversion’s deleterious effect on occupying tenants will be mitigated by relocation and other assistance provided by the applicant; c. The extent to which the building is suitable on the basis of its physical condition and other amenities, for conversion to condominiums;
d. The extent to which the conversion impacts the local school system.

2. Acceptance and Ranking of Applications. The planning commission shall consider the applications in the order of their lottery ranking until the amount of units approved for conversion reaches the number of units allowed for conversion highest ranking acceptable applications and may approve applications from those presented. An application will not be complete and accepted for processing until staff determines that the materials submitted are sufficientcomplete. If an application is not referred to the planning commission for three successive application periods, the applicant may appeal directly to the commission. Upon request, the applicant shall receive from the planning director a written explanation of the rank given to the conversion application, and/or written explanation of the reasons for denial of the conversion application, and/or written information concerning the process for appeal of the ranking or denial of the conversion application. Applicants will be rejected unless it is demonstrated that the proposed project will meet specified minimum requirements with respect to criteria set out in subsection (A)(1)(a) and (A)(1)(b) of this section.

3. Exception. Notwithstanding the foregoing, additional rental units may be converted during the times specified if the city determines that the specific proposed conversions will be in the best interests of the residents of the city. In arriving at this conclusion, the city shall consider the need for ownership opportunities, the rental vacancy rate for the housing market area and/or the city, and any other matter deemed relevant by the city. The burden of proof shall be on the applicant to establish that on balance, the benefits to the community which will result from the specific proposal will substantially outweigh any detriments which may result.

B. Conformity with the General Plan. No conversion of multiple family rental units to ownership units shall be permitted unless and until the planning commission finds that the proposed

6.2 6.2 Ordinance
28 conversion will not conflict with the goals and policies of the general plan, especially the housing element.

C. Prohibition of Discrimination Against Prospective Buyers with Children. In no case shall a project which can reasonably accommodate children, as determined in each case by the planning commission, limit initial sales to households or individuals without children.

D. Tenant Notification.

1. Notification of Hearing on Use Permit and Tentative Map. Not less than two weeks prior to the public hearing for use permit and tentative map, the applicant shall send all tenants of the building(s) proposed for conversion a written notice. Such notice shall indicate: that the subdivider intends to convert the building to a community housing project; the date and location of the public hearing; the steps and actions the subdivider and others, including governmental agencies, will or must take in order for the building to be converted. Such notice shall further specify:
a. That the tenant will be permitted to terminate any lease or rental agreement without penalty upon notifying the subdivider in writing thirty days in advance of such termination; b. That no existing tenant’s rent will be increased from the level that existed three months prior to the date of application for a tentative map until tenant purchase of the unit, or tenant relocation takes place, or the tentative map application is denied, whichever is later. This period shall not exceed twelve months. The tenant may credit the amount of rent paid in excess of the allowable rent to the rental payment(s) immediately following the approval of the tentative map.

Any rent increase following the twelve month period shall not exceed one hundred percent of the increase in the Bay Area Consumer Price Index for the most recent twelve month period; c. That the provisions for relocation assistance and/or special group considerations are applicable as specified in Section 17.76.040 B; and
d. That no tenant will be evicted during a period beginning with the date of application for tentative map and ending thirty days after the issuance of the notification of termination of tenancy except for just cause.

2. Lease Extension. The developer shall offer a ninety day extension of tenancy after the expiration of a lease or rental agreement which would expire prior to or at the time of commencement of sales or issuance of the final public report by the real estate commissioner.

3. Tenants Right to Purchase. The developer shall provide each tenant an irrevocable, nontransferable, preemptive right to purchase a unit or right of exclusive occupancy at a price no greater than the price offered to the general public for such unit. Such right shall be irrevocable for a period of ninety days after the commencement of sales or the issuance of the final public report by the real estate commissioner. Tenants shall have the right to the unit presently occupied and then to other units in the project only after they have been declined for purchase and vacated by the occupancy tenants. In no case shall an existing tenant have a preemptive right to more than one unit.

6.2 6.2 Ordinance
29 4. Notification of Proposed Conversion Prior to Termination of Tenancy Due to Conversion (Notice of Intention to Convert). Each tenant of a conversion project shall be given one hundred eighty days notice of intention to convert prior to termination of his or herthe tenancy. The subdivider shall, at his/hertheir discretion, establish the date of issuance of the notice of intention to convert. Such notices shall apply to existing and subsequent tenants of units to be converted. Each person who becomes a tenant of a unit for which either a one hundred eighty day notice of intention to convert and/or any other notice required by this chapter has already been issued, shall be informed and given a copy of said notice before entering into any written or oral rental agreement. At that time, such tenant shall also receive, in writing, notification of the number of days remaining before the expiration of the notice of intention to convert previously issued. The ninety day right-of-first-refusal shall terminate no earlier than the expiration date of the notice of intention to convert.

5. Notice to Quit. A notice to quit as authorized by Civil Code Section 1946 must be served by the developer after the expiration date of the notice of intention to convert if a tenant is required to move or if a unit is sold. (Ord. 214 § 1 (part), 1981)

17.76.040 Requirements for tentative map and use permit approval.

A. General Requirements. Both a tentative map and use permit are required. The planning commission shall adhere to the requirements set forth in Section 17.76.030 in their review and approval or disapproval of tentative maps and use permits. A tentative map and use permit shall be disapproved if any of the following findings are made:

1. That the tentative map and use permit are not consistent with applicable authorities as set forth in Section 17.76.030B;

2. That approval of the tentative map and use permit would be inconsistent with this chapter;

3. That the design or proposed improvements of the subdivision is likely to cause or sustain substantial environmental damage as defined by California Public Resources Code Section 21000 et seq.;

4. That there is an insufficient supply of affordable replacement units in the housing market area available to tenants who will be displaced as a result of the conversion; or

5. The application does not comply with any other provision of this chapter.

B. Specific Requirements. An application for the conversion of rental housing into a community housing project will require the submittal of the following information, which must be submitted by the developer to the planning community development department at the same time the tentative map and use permit application are submitted unless otherwise stated:

1. Streets, Driveways and Parking Areas. All private streets, driveways and parking areas for said community apartment projects shall be improved and constructed with a structural section and site dimensions in accordance with the standards of the city and shall be designed to ensure that access for municipal services shall not be denied any dwelling unit therein by

6.2 6.2 Ordinance
30 reason of deteriorated or impassable private streets, driveways, or parking areas, as determined by the public works director or his/her designee.

2. Compliance with Codes. The design, improvement and/or construction of a community housing project shall conform to and be in full accordance with all requirements of all building, fire and housing codes, zoning provisions and other applicable local, state or federal laws or ordinances relating to protection of public health, safety, and welfare, in effect and deemed appropriate by the planning commission at the time of the filing of the tentative map and use permit. Also, any violations of the latest adopted edition of the Uniform Housing Code as prepared by the International Conference of Building OfficialsCalifornia Building Code, or its successor, relating specifically to provisions protecting health and safety of residents, shall be corrected and any equipment or facilities which the building official determines are deteriorated or hazardous, shall be repaired or replaced. In particular, the developer shall repair or replace any damaged or infested areas in need of repair or replacement as shown in the structural pest report. The interpretation of what constitutes a hazard to public health and safety shall be made by the planning director, or his/her designee.

If the proposed project does not comply with the provisions of the state of California Uniform Building Code, Foster City Code, and/or the building official identifies items to be corrected as provided in the above, any use permit issued pursuant to this part shall require the developer to furnish a bond, in an amount equal to the building official’s estimated cost to bring the project into compliance with said codes, said fire regulations and/or such identified items to be corrected. Said bond shall run in favor of the individual purchasers and the homeowners association and shall provide for reasonable attorney’s fees in the event of default by the principal. The city shall hold said bond pending issuance of the certificate of completion.

3. Separate Metering. The consumption of gas and electricity within each dwelling unit shall be separately metered in accordance with the local utility and PUC regulations. In all cases, a water shut-off valve shall be provided for each unit.

4. Impact Sound Insulation. The applicant/owner shall demonstrate that wall and floor ceiling assemblies conform to the sound insulation performance criteria promulgated in Title 25, California Administrative Code, Section 1092, or its successor, and that any floor covering which is replaced similarly provides the same or greater insulation qualities.

5. Storage Requirements. Private, enclosed, weather-proofed and lockable outdoor storage space shall be provided for each dwelling unit according to the following schedule:

No. of Bedrooms Minimum Space
in Cubic Feet
Studio or 1 150
2 200

6.2 6.2 Ordinance
31 No. of Bedrooms Minimum Space
in Cubic Feet
3 250
The above space shall be provided in the garage or parking area or contiguous to each unit.

This requirement may be waived by the planning commission if it is determined that sufficient storage space exists to reasonably fulfill this standard.

6. Private and Common Area Open Space. Common open green area and private open green areas shall be provided in conformance with Section 17.96.040.D. The planning commission shall review the adequacy of open space in terms of area, and privacy standards. Private outdoor space shall be provided for each unit, where practical. The amount of space shall be determined in each case by the size of the unit and amount of common open space. Adjoining units shall be redesigned or landscaped in such a manner as to preclude visual intrusion into private outdoor yards or interior spaces, where practical.

7. Noise Mitigation. Appropriate site design and construction techniques shall be utilized to ensure isolation from excessive noise sources outside of the project boundary. If the planning director determines that an excessive external noise source exists, the developer shall retain anAn acoustical engineer to shall evaluate the noise impact of external sources on the proposed units for conversion and develop mitigation measures. The construction shall comply with the city general plan and the applicable ordinances and state codes relating to sound transmission control.

8. Interim Maintenance Standards. The developer shall be responsible for improving and maintaining the structures and landscaping in accordance with the approved architectural and landscaping plans and good maintenance practices prior to turning them over to the homeowners’ association. The developer shall furnish a bond satisfactory to the public works director or his or her designee to ensure compliance with this requirement.

9. Off-street Parking. The amount and design of off-street parking shall comply with the requirements of Chapter 17.62 Off-Street Parking Regulations. project shall provide a minimum of one and one-half off-street parking spaces, one of which must be covered, per unit for each unit of one bedroom or less, and a minimum of two off-street parking spaces per unit of which one must be covered for each unit of two bedrooms or more. The applicant/owner shall demonstrate that additional spaces exist to reasonably accommodate guest parking. These requirements may be lessened to the extent that the applicant establishes that additional parking is not needed at the particular site proposed for conversion.

10. Applicability of City Ordinance Regulating Parking of Trailers and Recreational Vehicles, etc. Provisions for vehicle and recreation vehicle storage shall comply with Chapter 17.64 Vehicle and Recreational Vehicle Storage. Title 17, the zoning ordinance of the Foster City Code, regulating parking of trailers, repairing vehicles, etc. shall apply to the private street and to all parking along said street. The parking of recreational vehicles such as boats, trailers, etc. shall be prohibited throughout the entire development unless said parking is within an enclosed area. Vehicular curb parking along the private street shall be prohibited except in designated areas. Appropriate “No Parking” signs shall be installed by the applicant.

6.2 6.2 Ordinance
32 11. Legal Description. A complete legal description of the property shall be provided.

12. Boundary Map. A boundary map showing the existing topography of the site and the location of all existing easements, structures and other improvements, and trees over four inches in diameter shall be provided.

13. Proposed Organizational Documents. In addition to such covenants, conditions and restrictions that may be required by the department of real estate of the state of California pursuant to Title 6 (condominiums) of the Civil Code or other state laws or policies, the developer shall provide the following organizational documents or information related to:
a. Conveyance of units;
b. Assignment of parking and management of common area within the project; c. A proposed annual operating budget containing a sinking fund to accumulate reserve funds to pay for major anticipated maintenance, repair or replacement expenses; d. FHA regulatory agreement if the project is FHA financed; e. The most recent balance sheet of the association.

14. Property and Structural Report. The property and structural report shall describe the physical condition and estimate remaining useful life of each of the following elements of each structure situated within the project proposed for conversion: roofs, foundations, exterior paint, paved surfaces, mechanical systems, sprinkler systems for landscaping, utility delivery systems, central or community heating and air conditioning systems, sound insulation, fire protection systems including any automatic sprinkler systems, alarm systems, or standpipe systems, and structural elements. Said report shall also identify any structural elements which are known to be structurally defective or unsafe so as to impose a hazard to the health and safety of the occupants and users of said improvements. Such report shall also include recommendations to ensure the continued useful life of such elements and systems, and be prepared by a registered civil or structural engineer, or a licensed general building contractor or general engineering contractor. The developer shall arrange for project inspections by the building department to verify the accuracy of the structural report. The building official shall prepare a report detailing building code deficiencies or other health or safety deficiencies which must be corrected prior to sale of units or occupancy.

15. Structural Pest Report. The report shall be prepared within sixty days of the date of application by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code, or its successor section, relating to written reports on the absence or presence of wood destroying pests or organisms.

16. Building History Report. The building history report shall be prepared to include the following:
a. The date of construction of all elements of the project;

6.2 6.2 Ordinance
33 b. A statement of the major uses of said projects since construction; c. The date and description of each major repair of any element since the date of construction.

For the purposes of this subsection, a “major repair” means any repair for which an expenditure of more than one thousand dollars was made;
d. The date and description of each major renovation of any element since the date of construction. For the purposes of this subsection, “major renovation” means any renovation for which an expenditure of more than one thousand dollars was made; e. Statement regarding current ownership of all improvements and underlying land; f. The name, address, and age of present tenants including children, in the project; g. Estimated market value of each unit;
h. Failure to provide information required by subsections (B)(16)(a) through (g) of this section shall be accompanied by an affidavit, given under penalty of perjury, setting forth in detail all efforts undertaken to discover such information and all reasons why said information cannot be obtained.

17. Rental History. The developer shall furnish a report detailing the size in square footage, the current or last rental rate, the monthly rental rate for the preceding two years, and the monthly vacancy over the preceding two years of each rental unit proposed to be converted.

18. Project Organization. A written description shall be furnished regarding the proposed project organization including the use and control of the common elements and recreation facilities within the project. Said statement shall detail any proposed control of common facilities to be retained by the developer or to be owned or maintained by any organization other than the homeowners’ association or unit owners.

19. Copy of Application and Supplemental Questionnaire. The developer shall furnish:
a. A true copy of each application submitted for issuance of a final public report to the department of Real Estate of the state of California for the project proposed for conversion including all attachments and exhibits thereto required by the department pursuant to Section 11011 of the Business and Professions Code;
b. A true copy of the statement of compliance (form 643 as amended) pursuant to 10 Cal. AD.

Code, Section 2792.9, or its successor, relating to operating and maintenance funds during start-up;
c. A statement whether the developer will provide any capital contribution to the association for deferred maintenance of the common areas, and if so, the sum and date on which the association will receive said sum; and

6.2 6.2 Ordinance
34 d. A true copy of the supplemental questionnaire for apartments converted to condominiums, community apartments, or stock cooperative projects submitted to the Department of Real Estate of the state of California for the project proposed for conversion, and shall include all attachments and exhibits thereto.

Provided, however, that to the extent the information required to be furnished pursuant to subsection (B)(19) of this section is not available at the time of application, any conditional use permit issued under this part shall require the developer to furnish such information to the city within ten days of submission of the same to the Department of Real Estate; provided further, that the developer shall file with the city a true copy of the final public report’ within ten days of issuance by the Department of Real Estate.

20. Relocation Displacement or Mitigation Plan. The developer shall submit a relocation displacement plan which shall include the following:
a. Ddetail tThe number of residents which who will be displaced as a result of the proposed conversion, noting the number of disabled persons, elderly persons, and households with minor children to be displaced.
b. and dDocumentation of the availability of comparable replacement housing in the housing market area within a rental range equal to the range which the tenants have paid as detailed in a rental report or within a price range which is equal to or less than thirty percent of the income range of each household to be displaced as a result of the conversion, whichever is higher. c. In addition,Documentation that replacement housing must be shown towill meet any special needs, which are presently available in the project, of displaced tenants such as facilities for the handicappeddisabled persons, elderly persons, households with children, and availability of public transportation for the disabled persons, elderly persons, disabled, or resident buyers who are temporarily displaced pending completion of improvements to the units being purchased. If the sufficient comparable replacement housing is unavailable, a developer may shall meet the above requirements through the provision of mitigating factors to diminish the number and/or aid relocation of displaced tenants within the project. Said mitigating measures may include but are not limited to discounting the project units to tenant buyers, offering a moving allowance, extending leases, or providing below market rate units in addition to the number required by Chapter 17.90. Said mitigating measures shall be equivalent to at least ten years multiplied by the difference between existing rent and rent for comparable replacement housing. d. Document the inclusion of tTenant protection provisions required by state law. e. Document the inclusion of tTenant protection provisions required by subsection 21 below.

21. Tenant Protection Provisions. The developer shall indicate he or shethey haves provided the following:
a. Lifetime Leases to Seniors and Handicapped Persons. The developer shall grant lifetime leases to all tenants who are sixty-two years of age and or older and/or handicapped. Such leases, to commence no later than the date of issuance of the final subdivision public report, shall be subject to the following conditions:

6.2 6.2 Ordinance
35 i. Tenants shall have the option of cancelling the lease at any time upon thirty days’ written notice to the owner;
ii. Tenants cannot be evicted except for just cause;
iii. Right of occupancy shall be nontransferable;
iv. The first years’ base monthly rent for the unit shall be set at no more than the rent existing on the unit one year prior to the filing of the tentative map or tentative parcel map increased by no more than one hundred percent of the percentage increase in the Consumer Price Index for All Urban Consumers in the San Francisco-Oakland Metropolitan Area, All Items Index (Bay Area CPI) from the date one year prior to the filing of the tentative map or tentative parcel map to the effective date of the lifetime lease;
v. Subsequent rent adjustments, if any, may be made no sooner than one year from the effective date of the lifetime lease, shall be limited to no more than one per year, and the percentage increase in rent shall not exceed one hundred percent of the percentage increase in the Bay Area CPI for the most recent twelve-month period; vi. Except as provided hereinabove, terms and conditions of the lifetime lease shall be the same as those contained in tenant’s current lease or rental agreement. ab. Families with School Age Children. Families with minor children shall be granted lease extensions until thirty days after the expiration of the current school session. bc. Relocation Assistance. The developer shall provide monetary relocation assistance, equal to a minimum of two three months rent, to non-purchasing tenants, apportioned equally among the number of tenants in each unit.
c. Non-monetary Relocation Assistance. The developer shall provide a free one-year subscription to a rental assistance services or relocation assistance services provider. d. Low and Moderate Income Housing. Ten percent of the units proposed for conversion shall be set aside for qualified low and moderate income rental or purchase or to the city or any such entity designated by the city or one percent of the gross sales must be contributed to the city. If rented, the developer shall indicate those units to remain as rentals and the methods of rent increases to ensure the availability of the units to remain as low and moderate income housing.

If purchased, prices are not to exceed three times the annual median income for low and moderate income households as currently defined by San Mateo County. If the tenant does not purchase the unit, the subdivider must make the unit available at that price to qualified low or moderate income households or a nonprofit housing agency or authority. The developer shall provide deed restrictions to ensure that any low or moderate income household which purchases a dwelling pursuant to this section shall grant a ninety day right-of-first-refusal to the city or any such other entity that at a future time may be designated by the city, to purchase the dwelling at a price based on the last purchase price plus the cost of any improvements paid for by the owner, plus an increase proportionate to the increases in the housing component of the Bay Area Cost of Living Index, U.S. Department of Labor over the intervening time period. The city or its designated agency shall reconvey such unit to other qualified low or moderate income

6.2 6.2 Ordinance
36 purchasers if the right to purchase is exercised by the city or its designated agent. If the unit is not sold within twelve months to low or moderate income households or the city or its designated agent, the developer may sell to the general public at an unrestricted price.Moderate income housing shall be provided as required by Chapter 17.90 Below Market Rate Inclusionary Housing Program in the same quantity and the same standards as would be required for newly constructed dwelling units. Preferences for purchase of these units shall be based on the following preferences: 1) income qualified existing tenants that have at least one member of the household who is disabled, 2) income qualified existing tenants age 62 or older, 3) income qualified existing tenants with minor children, 4) all other income qualified existing tenants, and 5) all others in the preference order as established by the city to be applied citywide to below market rate units.

22. Further Necessary Information. The developer shall provide any other information which the planning commission or director planning department determines is necessary to evaluate the proposed project.

C. Waiver of Application Requirements. The planning director may waive the submission of certain factual items in Section 17.76.040 if it is demonstrated that such information is not available and cannot be obtained. The planning director may waive or grant specific exceptions to any of the requirements of Section 17.76.040 if he/she determines that substantial compliance is not feasible under all of the particular circumstances, as deemed appropriate by the planning director.

D. Public Hearings. Applications for the tentative map, use permit and other required city approvals, as well as detailed site improvements should be submitted to the city. City staff will make a recommendation to the planning commission who will hold a public hearing on the project to approve or deny the application. The commission’s action on an application may be appealed to or is subject to being called up by the city council. The city council would then hold a public hearing on the application to make a final determination.

E. Buyer Protection. The developer shall furnish each prospective purchaser of a unit, a true copy of the conditional use permit issued under this part and a copy of each of the following documents:

1. Property report;

2. Structural pest control report;

3. Property and structural report and building department report;

4. Building history report;

5. Statement of compliance (Form 643) pursuant to 10 Cal. AD. Code, Section 2792.9, or its successor, relating to operating and maintenance funds during start-up;

6. Soils report as determined in each case by the planning director;

6.2 6.2 Ordinance
37 7. The planning director’s letter certifying compliance.

F. Letter Certifying Compliance. The planning director shall cause a final inspection of all buildings and structures to be made, upon request by the developer, to determine that the requirements of this section have been fulfilled. The building official shall then mark the inspection report to show the corrections, repairs and replacements which have been made. If complete, the planning director will cause to be issued a letter certifying compliance with all of the conditions and approvals and with this chapter and authorize sale and/or occupancy of said units. No building or unit applied for under this part shall be sold without said letter certifying compliance and approving occupancy. (Ord. 214 § 1 (part), 1981)

6.2 6.2 Ordinance
38 EXHIBIT I
Amendments to Chapter 17.78 Accessory Dwelling Units
Chapter 17.78 Accessory Dwelling Units of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:

Chapter 17.78

ACCESSORY DWELLING UNITS
Sections:

17.78.010 Findings.

17.78.020 Purpose.

17.78.030 Application.

17.78.040 Definitions.

17.78.050 Permit application for an accessory dwelling unit.

17.78.060 Standards applicable to single-family residence zoning districts.

17.78.070 Standards applicable to multifamily residence zoning districts.

17.78.080 Parking requirements for accessory dwelling units.

17.78.090 Permit issuance.

17.78.100 Other provisions.

17.78.010 Findings.

A. The adoption of an accessory dwelling unit ordinance which permits accessory dwelling units by ministerial review in areas zoned to allow residential development is consistent with the goals and policies of the Foster City general plan in that accessory dwelling units would help meet the need for affordable housing. Furthermore, construction of accessory dwelling units is not as costly as new construction, because there are no additional land costs, infrastructure costs are reduced, and an accessory dwelling unit can be added at the cost of an addition to, or remodeling of, the main single-family dwelling.

B. The accessory dwelling unit ordinance is intended to permit accessory dwelling units while maintaining the health, safety and welfare of surrounding residents, the character of existing neighborhoods, and the community as a whole. (Ord. 657 § 4 (Exh. P), 2023)

17.78.020 Purpose.

6.2 6.2 Ordinance
39 The purpose of this chapter is to allow accessory dwelling units in areas zoned to allow residential development through ministerial permit procedures in compliance with state laws. (Ord. 657 § 4 (Exh. P), 2023)

17.78.030 Application.

The provisions of this chapter shall apply in zoning districts where residential uses are permitted (with or without a planned development combining district). Accessory dwelling units are not permitted in any other district. (Ord. 657 § 4 (Exh. P), 2023)

17.78.040 Definitions.

A. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

1. An efficiency unit.

2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

B. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

C. “Attached accessory dwelling unit” means an ADU that is constructed as a physical expansion (i.e., addition) of an existing single-family residence and shares at least one (1) wall with the single-family residence.

D. “Conversion accessory dwelling unit” means an ADU that is created within existing space, including a portion of a primary dwelling unit or existing non-habitable space in an existing primary or accessory structure.

E. “Detached accessory dwelling unit” means an ADU that is constructed as a separate structure from the primary dwelling unit and does not share any walls with the primary dwelling unit or an existing attached accessory structure.

F. “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.

G. “High-quality transit corridor” means a corridor with fixed route bus service with service intervals no longer than fifteen minutes during peak commute hours.

H. “Infeasible” shall mean when applicable development standards are applied, they would physically preclude development of a proposed ADU up to 800 square feet with at least 4 ft. side and read yard setbacks.

I. “Junior accessory dwelling unit” or “JADU” means a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

6.2 6.2 Ordinance
40 J. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.”
IK. “Living area” means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure or building.

JL. “Major transit stop” has the same meaning as defined in Section 21155 of the California Public Resources Code.

KM. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU.

LN. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (Ord. 657 § 4 (Exh. P), 2023)

17.78.050 Permit application for an accessory dwelling unit.

The application for an ADU permit shall be made by the owners of the subject property in writing to the building division in the form designated by the building division and shall contain the following:

A completed building permit application form and applicable fee; B. Written project description;
C. Courtesy neighbor notification report in a form designated by building official indicating adjacent property owners have been notified of the new ADU (garage conversions are exempt from notification);
D. Plans and drawings as required by the building division; E. A copy of required deed restriction as included in Section 17.78.100, unless exempt. (Ord. 657 § 4 (Exh. P), 2023)

17.78.060 Standards applicable to single-family residence zoning districts.

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

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

Option 1
One JADU (up to 500 SF); or
Option 2
One ADU (conversion, attached, or detached); or
Option 3

6.2 6.2 Ordinance
41 One (1) JADU (up to 500 SF); and,
One (1) conversion ADU; and,
One (1) newly constructed ADU (up to 800 SF).

Option 4
One (1) JADU (up to 500 SF); and,
One (1) newly constructed ADU over 800 square feet
Option 5
One (1) JADU (up to 500 SF); and,
One (1) conversion ADU
B. Junior Accessory Dwelling Units.

1. The number of JADUs shall be limited to one (1) unit per residential lot zoned for singlefamily residences that includes a proposed or existing single-family residence and may include an expansion of not more than 150 square feet beyond the same physical dimensions as an existing accessory structure.

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

3. The owner must record a deed restriction as outlined in Government Code Section 6633365852.22, which shall run with the land, and shall include both of the following:
a. A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. b. A restriction on the size and attributes of the JADU that conforms with this chapter. c. If a JADU is rented, the unit shall not be rented for a period of less than thirty consecutive calendar days.

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

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

6. The JADU shall include an efficiency kitchen, which shall include all of the following:
a. A cooking facility with appliances.

6.2 6.2 Ordinance
42 b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

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

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

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

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

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

5. Colors. An attached ADU or JADU shall use the same exterior wall and roof colors as the primary dwelling unit.

6. Roof pitch and eaves. An attached ADU or JADU shall have the same roof pitch as the primary dwelling with same eave details but may vary by up to two (2) vertical inches more or less in every twelve (12) horizonal inches.

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

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

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

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

4. Height. A detached ADU shall not exceed sixteen (16) feet in height, except in the following cases:
a. A height of eighteen (18) feet is permitted when an ADU is located within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in this code

6.2 6.2 Ordinance
43 section; and, and additional two (2) feet of height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

5. Colors. Detached ADUs shall utilize the same exterior wall and roof colors as the primary dwelling unit.

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

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

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

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

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

Any such expansion shall count towards the size of the ADU.

4. Colors. Conversion ADUs shall utilize same roof and exterior wall colors as the primary dwelling unit.

F. Additional Requirements. These requirements shall apply to all ADUs and JADUs on single-family lots:

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

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

3. Windows. Second floor windows facing another residential property, less than ten feet (10’) from the property line, and larger than two (2) square feet shall include at least one of the following: a) have obscured glazing, or b) be offset from neighbor’s windows to maximize privacy, or c) include splayed windows to avoid direct views, as shown in Figure 1 (applies only to new construction).

6.2 6.2 Ordinance
44 Figure 1: ADU/JADU Window locations for privacy

4. Second floor balconies or decks. Second floor balconies, decks, or roof-top terraces facing another residential property are prohibited (applies only to new construction).

5. Exterior lighting. All exterior lighting shall be mounted no higher than seven feet (7’) from grade and directed downwards.

17.78.070 Standards applicable to multifamily residence zoning districts.

The following standards shall apply to multifamily dwelling lots in R-3, R-4, and R-T, C-2, and CM (with or without a planned combining district) zoning districts:

A. Conversion ADUs. ADUs are permitted within portions of existing legally permitted multifamily dwelling structures that are not used as livable space including storage rooms, boiler rooms, passageways, attics, basements, and garages, subject to the following requirements:

1. Number of ADUs. At least one ADU within an existing multifamily building and no more than twenty-five percent of the existing multifamily dwelling units shall be permitted.

2. Size. The total floor area of a conversion ADU shall not exceed eight hundred fifty square feet for a studio or one bedroom, or one thousand square feet for an ADU with two or more bedrooms.

3. Existing livable space may not be converted into an ADU.

B. Detached ADUs.

1. Number of ADUs.

6.2 6.2 Ordinance
45 a. Up to two eight (82) detached ADUs are permitted on a multifamily lot with an existing, new, or proposed multifamily building. However, the number of ADUs allowable pursuant to this clause shall not exceed the number of existing dwelling units on the lot; or. b. On a lot with a proposed multifamily dwelling, not more than two (2) detached ADUs.

2. Size. The total floor area of a detached ADU shall not exceed eight hundred fifty (850) square feet for a studio or one (1) bedroom, or one thousand two hundred (1,200) square feet for an ADU with two (2) or more bedrooms.

3. Setbacks.
a. The side and rear setbacks shall be no less than four (4) feet. b. The separation between the detached ADU and the primary dwelling shall be as per California Residential Code.

4. Height.
a. Where an detached ADU is on a lot with an existing or proposed multifamily, multi-story dwelling, it shall not exceed eighteen (18) feet in height. b. Where an attached ADU is on a lot with an existing or proposed multifamily building, it shall not exceed twenty-five (25) feet in height or the height limit limitation for the zoning district, whichever is less.
bc. An ADU may add up to two (2) feet of height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the multifamily dwelling (for a maximum of twenty (20) feet. (Ord. 657 § 4 (Exh. P), 2023)

17.78.075 Standards applicable to Public Facilities (PF) zoning districts.

The following shall apply to lots in PF (with or without a planned combining district) zoning districts:

A. Number of ADUs. No more than four (4) ADUs and/or JADUs shall be permitted on properties owned or occupied by a religious institution or school use.

B. Conversion ADUs. ADUs are permitted within portions of existing legally permitted structures that are not used as livable space, subject to the following requirements:

1. Size. The total floor area of a conversion ADU shall not exceed eight hundred fifty square feet for a studio or one bedroom, or one thousand square feet for an ADU with two or more bedrooms.

2. Existing livable space may not be converted into an ADU.

B. Detached and Attached ADUs.

1. Size. The total floor area of a detached ADU shall not exceed eight hundred fifty (850) square feet for a studio or one (1) bedroom, or one thousand two hundred (1,200) square feet for an ADU with two (2) or more bedrooms.

6.2 6.2 Ordinance
46 2. Setbacks.
a. The side and rear setbacks shall be no less than four (4) feet. b. The separation between the detached ADU and the primary building shall be as per California Residential Code.

3. Height. Where an ADU is on a lot with an existing or proposed building, the height shall not exceed twenty-five (25) feet.

C. Additional requirements.

1. ADUs and JADUs shall comply with the standards in Section 17.78.060.F with references to primary residence applied to the primary building.

2. Colors. ADUs shall utilize the same exterior wall and roof colors as the primary building.

17.78.080 Parking requirements for accessory dwelling units.

A. Parking requirements for newly constructed ADUs shall not exceed one (1) parking space per unit or per bedroom, whichever is less. This space may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non-driveway front yard setback. Exception to the requirement for provision of one parking space may be made per subsection B of this section.

B. Parking is not required in the following instances:

1. The ADU is located within one-half mile walking distance of public transit.

2. When there is an approved car share vehicle for which a Foster City business license has been issued and remains active, located within one block of the accessory dwelling unit.

3. JADU.

4. ADU that only includes a studio with no bedroom.

5. The ADU is located within an architecturally and historically significant area.

6. Where the ADU is part of the proposed or existing primary residence or an accessory structure. (Ord. 657 § 4 (Exh. P), 2023)

7. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of, or is converted to, an ADU, then those off street parking spaces are not required to be replaced.

17.78.090 Permit process.

A. Unless otherwise specified in subsection D, pPursuant to Government Code Section 65852.266317 mandating ministerial approval of JADUs and ADUs if all of the applicable standards are met, the chief building official or his/her designee shall approve the JADU and ADU permit within sixty (60) days of the complete application being submitted. If the ADU or JADU is proposed as part of a new or remodeled primary residence, the sixty (60) day timeline shall not commence until the primary residence is permitted. The City may review and

6.2 6.2 Ordinance
47 approve the ADU or JADU in conjunction with the new or remodeled primary residence, but the application to create the ADU or JADU shall be considered without discretionary review or hearing.

The chief building official or his/her designee shall approve the ADU permit within 30 days from the date the local agency receives a completed application if the application either:

1. utilizes a plan for an accessory dwelling unit that has been preapproved by the local agency within the current triennial California Building Standards Code rulemaking cycle, or

2. utilizes a plan that is identical to a plan used in an application for a detached accessory dwelling unit approved by the local agency within the current triennial California Building Standards Code rulemaking cycle.

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

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

D. In conformance with Government Code section 65852.27, the City shall, by resolution, adopt a program for the preapproval of designs for ADUs, which may be amended from time to time.

Any application for an ADU utilizing a design plan for ADUs that has been preapproved pursuant to that program shall be approved or denied within thirty days.

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

17.78.100 Other provisions.

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

B. Owner Occupancy. Notwithstanding the foregoing or any other provision of this chapter, Except for the JADU owner-occupancy requirements set forth in this chapter, no owneroccupancy requirement shall be enforced, and no deed restriction shall be required for ADU permit applications except for a JADU.

C. Delay in Enforcement ofPermitting of Existing Unpermitted ADUs or JADUss. For any unpermitted or substandard ADU or JADU built before January 1, 2020, upon an owner’s request, the city’s chief building official shall not deny the permit unless they make a finding that correcting the violation is necessary to comply with the standards specified in Section 17920.3 of the Health and Safety Code or the building is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code, pursuant to California Government Code Section 66332delay enforcing any building standards if the building official determines that the

6.2 6.2 Ordinance
48 unpermitted ADU meets health and safety standards. This provision shall sunset on January 1, 2030; however, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay.

D. Any ADU may be leased for a period not fewer than thirty (30) consecutive days.

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

F. Fire Sprinklers.

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

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

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

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

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

J. Any properties with ADUs built or developed by a nonprofit corporation may qualify to be sold or conveyed separately from the primary residence, pursuant to California Government Code Section 6634165852.26. A qualified nonprofit corporation is a nonprofit corporation which is organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.

K. All JADUs and ADUs shall comply with the current Title 24 California Code of Regulations, as adopted by the city and all related safety codes, except as otherwise permitted pursuant to Government Code section 66332.

6.2 6.2 Ordinance
49 EXHIBIT J
Chapter 17.82 Emergency Shelters, Low-Barrier Navigation Centers, and Supportive Housing of Title 17, Zoning, of the Foster City Municipal Code is hereby amended as follows:

Chapter 17.82

EMERGENCY SHELTERS, LOW-BARRIER NAVIGATION CENTERS, AND SUPPORTIVE

HOUSING
Sections:
• 17.82.010 Findings.
• 17.82.020 Purpose.
• 17.82.030 Permit required.
• 17.82.040 Performance standards.
• 17.82.050 Definitions.

17.82.010 Findings.

A. Emergency Shelters. Through the passage of SB2, the state requires all jurisdictions to provide zoning to permit homeless shelters “by right” as a permitted use without requiring use permits or other discretionary approvals.

B. Low-Barrier Navigation Centers. Through the passage of AB101, the state requires all jurisdictions to provide zoning to permit low-barrier navigation centers “by right” as a permitted use without requiring use permits or other discretionary approvals.

C. The city has considered the needs for programs to address homelessness in the housing element and has included policies and implementation programs in the housing element to include provisions in this title to address emergency shelters and low-barrier navigation centers for the homeless. (Ord. 666 § 3 (Exh. B), 2023; Ord. 657 § 4 (Exh. Q), 2023)

17.82.020 Purpose.

A. The purpose of the emergency shelter regulations is to provide standards that will encourage and facilitate the development of, or conversion of existing facilities to, an emergency shelter.

B. The purpose of the low-barrier navigation center regulations is to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.

C. The purpose of the supportive housing regulations is to ensure that supportive housing is constructed and operated in a manner consistent with the requirements and allowances of state law, specifically Article 11 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with Government Code Section 65650. (Ord. 666 § 3 (Exh. B), 2023; Ord. 657 § 4 (Exh. Q), 2023)

17.82.030 Permit required.

6.2 6.2 Ordinance
50 A. Low-Barrier Navigation Centers. A planning permit is required prior to establishment of any low-barrier navigation center project. Within thirty days of receipt of an application for a lowbarrier navigation center development, the local jurisdiction shall notify a developer whether the developer’s application is complete pursuant to Government Code Section 65943. Within sixty days of receipt of a completed application for a low-barrier navigation center development, the local jurisdiction shall act upon its review of the application.

B. Supportive Housing. A planning permit is required prior to establishment of any supportive housing project meeting either of the following criteria (subsections (B)(1) and (2) of this section). The permit shall be a ministerial action without discretionary review or a hearing.

Supportive housing shall be subject to a streamlined process providing that fFor projects up to fifty units, action shall be taken within sixty days of a complete application being filed; for projects with more than fifty units, action shall be taken within one hundred twenty days,.

1. Supportive housing projects if all of in all zones where multifamily and mixed uses are permitted.

2. Supportive housing projects in nonresidential zones where all the following requirements are met:
a1. Units within the development are subject to a recorded affordability restriction for fifty-five years.
b2. One hundred percent of the units, excluding the manager unit(s), within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. c3. At least twenty-five percent of the units in the development or twelve units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than twelve units, then one hundred percent of the units, excluding manager unit(s), in the development shall be restricted to residents in supportive housing.
d4. Nonresidential floor area shall be used for on-site supportive services in the following amounts:
ai. For a development with twenty or fewer total units, at least ninety square feet shall be provided for on-site supportive services.
bii. For a development with more than twenty units, at least three percent of the total nonresidential floor area shall be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
e5. The developer replaces any dwelling units on the site of the supportive housing development to ensure that any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.
f6. Units within the development, excluding manager unit(s), include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator. (Ord. 666 § 3 (Exh. B), 2023; Ord. 657 § 4 (Exh. Q), 2023)

6.2 6.2 Ordinance
51 2. The community development director shall establish application requirements for streamlined review of supportive housing projects as required by California Government Code Section 65654 for projects that satisfy the requirements of Section 65651.

17.82.040 Performance standards.

A. Emergency shelters, as defined in Section 17.04.020, shall be allowed in any district where they are listed as a permitted use without discretionary permits or approvals, provided they comply with the following standards:

1. Maximum Number of Persons/Beds. An emergency shelter shall contain a maximum of twenty-five beds and shall serve no more than twenty homeless persons.

2. Minimum Parking Requirements. Emergency shelters shall provide one parking space for each employee or volunteer on duty when the shelter is fully open to clients, plus one parking space for every family (as defined in Section 17.04.020) sheltered and 0.35 parking spaces for each nonfamily bed; provided, that these standards do not require more parking than other residential or commercial uses within the same zone. The community development director shall reduce the parking requirements if the shelter can demonstrate a lower need. The shelter shall also provide bicycle parking of at least one-half space for each bed.

3. Size and Location of Interior On-Site Waiting and Client Intake Areas. Emergency shelters shall provide at least ten square feet of interior waiting and client intake space per bed. In addition, there shall be a minimum of one private office. Waiting and intake areas may be used for other purposes as needed during operations of the shelter, including communal space.

4. Provisions of On-Site Management and Security. On-site management shall be present at all times that the emergency shelter is in operation. Before opening, shelters shall develop and implement a management plan that addresses all points that pertain to emergency shelters in the latest quality assurance standards developed by the San Mateo County HOPE quality improvement project and meets at least the minimum standards, except where other standards are provided by this chapter. Shelters must prepare and implement a security and emergency plan as part of the management plan and train staff about the plan. A copy of the management plan shall be provided to the community development director for approval. The community development director shall approve the management plan if it meets the minimum requirements in the latest quality assurance standards developed by the San Mateo County HOPE quality improvement project.

5. Proximity to Other Shelters. No emergency shelter shall be located within three hundred feet of another emergency shelter.

6. Lighting. There shall be a minimum of ten candlefoot power at the door of the emergency shelter and extending in an unobstructed direction outward five feet. There shall be a minimum of two candlefoot power in other areas accessible from the street. The lighting shall be stationary and directed away from adjacent properties and public rights-of-way. These lighting requirements shall be in effect from thirty minutes after sunset until thirty minutes before sunrise. Shelters may propose an alternate lighting plan, which must be agreed to by the community development director. The alternate lighting plan must provide adequate external lighting for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible with the neighborhood.

B. A low-barrier navigation center development is a use by right in certain zones, if it meets the following requirements:

6.2 6.2 Ordinance
52 1. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

3. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

C. Supportive housing projects shall comply with all the following standards:

1. The project may shall be required to comply with any written objective standards or policies also required of multifamily developments in the same zone.

2. The applicant shall submit a plan for providing supportive services, to include all the following items:
a. Documentation that supportive services will be provided on site. b. The name of the proposed entities that will provide supportive services. c. The proposed funding sources for the services provided. d. Proposed staffing levels.

3. No minimum parking requirements shall be required for the units occupied by supportive housing residents for projects located within one-half mile of a public transit stop. (Ord. 677 § 3 (Exh. G), 2024; Ord. 666 § 3 (Exh. B), 2023; Ord. 657 § 4 (Exh. Q), 2023)

17.82.050 Definitions.

The following definitions shall pertain to this section only:

A. Lower Income Households. This term shall have the same meaning as defined in Section 50079.5 of the Health and Safety Code.

B. Supportive Services. Services would include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.

C. Target Population. Persons, including persons with disabilities, and families who are homeless, as that term is defined by Section 11302 of Title 42 of the United States Code, or

6.2 6.2 Ordinance
53 who are homeless youth, as that term is defined by Section 11139.3(e)(2) of the Government Code. (Ord. 666 § 3 (Exh. B), 2023; Ord. 657 § 4 (Exh. Q), 2023)

6.2 6.2 Ordinance
54 DATE: December 2, 2024
TO: Mayor and Members of City Council
VIA: Stefan Chatwin, City Manager
FROM: Andrew Brozyna, Public Works Director
Waqas Hassan, Assistant Finance Director
DEPARTMENT: Public Works
Finance
SUBJECT: AMENDING THE PURCHASING POLICY UPDATING SECTION 5 – DOLLAR LIMITS, PUBLIC CONTRACT CODE SECTION AND
SECTION 9 – PROCUREMENT OF RECYCLED-CONTENT

PAPER PRODUCTS

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution amending the City’s Purchasing Policy to:

1. Update Section 5 to reflect changes to the California Uniform Public Construction Cost Accounting Act as amended under Assembly Bill 2192, raising thresholds for solicitation; and

2. Update Section 9 related to SB 1383 implementation to simplify language and reflect actual practice.

EXECUTIVE SUMMARY
The City’s Purchasing Ordinance and Policy establish the procurement system that all Departments use in soliciting public construction contracts, executing professional services agreements, and purchasing supplies, services, and equipment. The procurement system is intended to ensure goods and services are purchased for the lowest cost commensurate with quality, and that financial controls meet both legal requirements and good accounting principles.

The proposed amendments to the Purchasing Policy are two-fold. First, staff recommends amending Section 5 to adjust the threshold purchasing authority limits for

6.3 6.3 Staff Report
55 budgeted expenditures that can be approved administratively. Under Assembly Bill 2192, which was signed by the governor and will go into effect as of January 1, 2025, public projects valued at $75,000 or less may be performed by the City and public projects valued at $220,000 or less can be contracted using informal bidding procedures. Only public projects valued at over $220,000 will require formal bidding procedures under Assembly Bill 2192. With adoption of this amendment, the City will be in adherence with State law and Public Contracts Code. Further, language in the Policy has been added to allow all levels to automatically follow the limits allowed under state law for all thresholds.

Second, amending Section 9 will simplify the language and reflect the City’s current process related to documentation of recycled-content paper purchases made under SB 1383 regulations. The updated Purchasing Policy will be effective January 1, 2025.

BACKGROUND
As the official Purchasing Authority for the City, the City Manager is responsible for overseeing the procurement of goods and services for the City. The purchasing procedures are governed by the California Public Contracts Code, including the provisions of the California Uniform Public Construction Cost Accounting Act (CUPCCAA), the Foster City Municipal Code, Chapter 3.04, Purchasing System, and the City’s adopted Purchasing Policy. When used together, the ordinance and policy establish the procurement system which authorizes the City Manager to procure public contracts, supplies, services, equipment, and professional services up to set limits, when funds have been approved for the expenditure as part of an approved budget. At the City Manager’s discretion, he may delegate limited purchasing authority to Department Heads for budgeted expenditures. Expenditures above the City Manager’s purchasing limit authority are subject to City Council approval.

ANALYSIS
Purchasing Policy Amendments to Purchasing Limits (Section 5) The CUPCCAA has been amended by the Legislature to increase its solicitation thresholds. On September 29, 2024, the Governor signed AB 2192, which increased the CUPCCAA limits for Public Works of Improvement effective January 1, 2025. The CUPCCAA applies to agencies, including cities, whose governing boards have elected, by resolution, to become subject to uniform construction cost accounting procedures located at Public Contracts Code Section 22030 et seq.

The City/District elected to follow the provisions of Public Contracts Code Section 22030, with the adoption of City Resolution No. 99-15 and EMID Resolution No. 2650 on February 16, 1999. Since that time, staff has periodically brought to City Council recommended updates as necessary.

The CUPCCAA previously authorized public projects of $60,000 or less to be performed by the employees of a public agency; authorized public projects of $200,000 or less to be let to contract by informal bidding procedures; and required public projects of more than

6.3 6.3 Staff Report
56 $200,000 to be let to contract by formal bidding procedures. These limits were adopted by the City Council, via Resolution No. 2019-51, on June 3, 2019.

With enaction of AB 2192, the CUPCCAA has been amended to increase the thresholds for public projects of $75,000 or less to be performed by the employees of a public agency; authorizes public projects of $220,000 or less to be let to contract by informal bidding procedures; and requires public projects of more than $220,000 to be let to contract by formal bidding procedures. In the event that all bids received for the performance of a public project are in excess of $220,000, the governing body of a public agency may award the contract at $235,000 or less to the lowest responsible bidder if it determines the cost estimate of the public agency was reasonable. Nothing in the recommended amendment to the Purchasing Policy would preclude the City Council from choosing to engage in a full formal bid process for any project The proposed amendments to the Purchasing Policy shown in Attachment 3 will raise the purchasing limits to help streamline the procurement process for the City organization in recognition of the recent significant increases in the cost of materials and services, while maintaining an appropriate level of transparency and accountability. Further, language has been added to allow all purchasing levels to automatically follow the limits allowed under state law for all thresholds.

Purchasing Policy Amendments to Requirements for Procurement of RecycledContent Paper Products (Section 9) SB 1383 contains a number of requirements for cities related to the purchase of recycledcontent products and the documentation of those purchases. Prior to the regulations going into effect in 2022, the City revised the Purchasing Policy to reflect the general requirements of the regulations. Now that the implementation has been fully undertaken, some of the processes for maintaining Foster City’s documentation have been more fully developed and refined. Section 9 language is proposed to be simplified and updated to better reflect actual City practices based on Foster City’s Implementation Record process.

Attachment 3 shows all proposed changes to both Sections 5 and 9 of the Purchasing Policy. The updated Purchased Policy will be effective January 1, 2025. The EMID Code adopts the City’s Purchasing System by reference, therefore, the proposed updates to the Purchasing Policy will be additionally applied to EMID.

City Staff continually reviews and evaluates the various Citywide policies and processes to ensure that all laws and regulations are followed and that City services can be provided efficiently and effectively. Staff anticipates the need to do a comprehensive review of the Purchasing Policy and Purchasing Ordinance in 2025, which will be brought back to the City Council for approval at a future meeting.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
This item 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

6.3 6.3 Staff Report
57 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

FISCAL IMPACT
There is no fiscal impact associated with these amendments to the City’s Purchasing Policy. Adoption of the proposed amendments will ensure the City is consistent with State law and Public Contracts Code. In addition, it will help the City achieve better operational efficiency under current economic conditions while still maintaining a high level of accountability and transparency in the City's procurement process.

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

Attachment 1 – Resolution
Attachment 2 – "Clean" Version of the Foster City Purchasing Policy Attachment 3 – "Red-Lined" Version of the Foster City Purchasing Policy

6.3 6.3 Staff Report
58 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AMENDING THE PURCHASING POLICY UPDATING SECTION 5 – DOLLAR LIMITS, PUBLIC

CONTRACT CODE SECTION TO RAISE THRESHOLDS FOR SOLICITATION PER

THE CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT AS AMENDED UNDER ASSEMBLY BILL 2192 AND SECTION 9 – PROCUREMENT OF

RECYCLED-CONTENT PAPER PRODUCTS TO SIMPLIFY LANGUAGE AND

REFLECT CURRENT PRACTICE

CITY OF FOSTER CITY
WHEREAS, Foster City Municipal Code, Title 3 “Revenue and Finance”, Chapter

3.04 “Purchasing System”, sets forth the methods by which the City procures and contracts for supplies and services and public projects; and WHEREAS, the City has developed a Purchasing Policy that was first adopted via Resolution No. 2007-37 that sets forth detailed purchasing policies for the procurement of supplies and services as well as public projects; and WHEREAS, the Purchasing Policy sets dollar limits and/or approving authority of the City Manager for procurement of supplies and services and public projects that are in compliance with the adopted budget; and
WHEREAS, the City desires to streamline the procurement process, while still maintaining a high level of fiscal accountability by adjusting the threshold purchasing authority limits for budgeted expenditures; and
WHEREAS, Assembly Bill 2192 was signed by the governor on September 29, 2024, and will take effect on January 1, 2025; and
WHEREAS, changes as imposed under Assembly Bill 2192 have amended the California Uniform Public Construction Cost Accounting Act to increase the solicitation thresholds, providing that:
a) Public Project Contracts – Level 1: Under $75,000; No Bid Requirement; May Be Performed by Employees of a Public Agency
b) Public Project Contracts – Level 2: $75,000 to $220,000; Informal Bid Procedures Required; City Council Approval
c) Public Project Contracts – Level 3: Above $220,000; Formal Bid Procedures Required; City Council Approval; and
WHEREAS, language in Section 9 - Procurement of Recycled-Content Paper Products should be updated to reflect City practice related to SB 1383 regulations; and WHEREAS, in order to make these adjustments and additions, the City’s

6.3 Attachment 1 - Resolution
59 2
Purchasing Policy must be updated; and
WHEREAS, the EMID Code adopts the City’s Purchasing System by reference in Chapter 3.04, thus they additionally apply to EMID through EMID Code Section

4.48.010.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City that the Purchasing Policy is amended with an effective date of 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 2nd day of December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 1 - Resolution
60 1

PURCHASING POLICY
City of Foster City California
Updated: January 1, 2025
Prior Update: October 18, 2021

TABLE OF CONTENTS
Section 1 – Purpose and Scope...................................................................................................2 Section 2 – Governing Principles..................................................................................................2 Section 3 – Authority ....................................................................................................................2 Section 4 – Contract Terms..........................................................................................................3 Section 5 – Dollar Limits...............................................................................................................3 Section 6 – Federally-Funded Contracts and Purchases .............................................................5 Section 7 – Affirmative Action Penalties.......................................................................................5 Section 8 – Surplus Equipment and Supplies...............................................................................5 Section 9 – Procurement of Recycled-Content Paper Products...................................................6 Section 10 – Procurement of SB 1383 Eligible Compost and/or Mulch........................................7 Section 11 – Employee Reimbursement of Benefits-Related Expenses......................................8 Section 12 – Procurement (Credit) Cards ....................................................................................8 Section 13 – Exclusion of Alcoholic Beverages............................................................................8 Section 14 – City Council Expense Reimbursement Policy..........................................................8 Section 15 – Disaster Procurement Policy ...................................................................................8

6.3 Attachment 2 - Clean Version of the Foster City Purchasing Policy 61 2
Section 1 – Purpose and Scope
In accordance with Foster City Municipal Code Section 3.04.030, “The City Manager shall recommend and the City Council shall approve policies and procedures necessary in implementing a purchasing system which will include the necessary assignment of duties in order to carry out those policies and procedures.” Accordingly, the City Manager has hereby created this set of policies that all departments shall use in letting public construction contracts, executing professional services agreements, and purchasing supplies, services and equipment.

Section 2 – Governing Principles
In accordance with Foster City Municipal Code Section 3.04.010, purchasing policies are created so that supplies, services and equipment are purchased or contracted for the City at the lowest cost commensurate with quality, and that apply positive financial controls that meet legal requirements and generally accepted accounting principles.

Section 3 –Authority
A. Purchasing Authority / Duties and Responsibilities. In accordance with Foster City Municipal Code Section 3.04.030, Department Heads or their designees shall be designated by the City Manager as Purchasing Authorities for the City, who are authorized and responsible for legally obligating the City in the purchase of supplies, services and equipment pursuant to Foster City Municipal Code Chapter 3.04, Purchasing System, and this Purchasing Policy. A listing of such designated employees shall be maintained by the City Manager’s office or his/her designee, and shall be updated from time to time as business needs warrant. All such parties who are delegated authority under this Section are bound by the policies herein established. Failure to follow these policies is grounds for disciplinary action as provided in the City’s Personnel Rules and Regulations.

B. The duties of the Purchasing Authority are as follows:

1. Purchasing or contracting for supplies, services, equipment and public projects required by operating departments;

2. Negotiating and recommending execution of contracts for the purchase of supplies, services, equipment and public projects;

3. Acting to procure for the city the necessary quality in supplies, services, equipment and public projects at the lowest cost to the city;

4. Encouraging competitive bidding as set forth in Foster City Municipal Code Chapter 3.04, Purchasing System, and endeavoring to obtain as full and open competition as possible on all purchases;

5. Supervising the inspection of all supplies and equipment purchased to insure conformance with contract documents;

6. Maintaining a bidders' list of the vendors capable of supplying the various goods and services required by the City;

7. Maintaining adequate records of bids received and awarded for each purchase where a bidding process was used, or records of key decision made in implementing alternative purchasing methods used in accordance with Foster City Municipal Code Section 3.04.110, Authorized Purchasing Alternatives.

C. Centralized Duties. The City Manager, at his/her discretion, may centralize or

6.3 Attachment 2 - Clean Version of the Foster City Purchasing Policy 62 3
decentralize any or all of the aforementioned duties. However, in order to maintain adequate internal accounting controls over the purchasing function, the City Manager shall designate the Finance Director to oversee the following centralized duties:

1. Prescribing and maintaining such forms as necessary to the operation of Foster City Municipal Code Chapter 3.04 and other rules and regulations, including purchase requisitions, purchase orders, or other transactional forms;

2. Executing the provisions contained in Foster City Municipal Code Chapter 3.04 and providing administrative interpretation and advising on the provisions contained in chapter 3.04.

D. Contracting Authority. Department Heads are hereby authorized to execute various agreements in the normal course of business that may legally bind the City with a vendor or outside agency, except for those agreements which require approval by the City Manager or City Council per ordinance or Council resolution.

E. Delegation of Contracting Authority. Department Heads, upon consultation with the City Manager, may delegate authority to their managers or supervisors to execute certain types of agreements such as recurring agreements or agreements where the amounts are considered de minimus (e.g., contracts with instructors for recreation classes). A delegate must be a full-time, permanent employee of the City of Foster City.

Section 4 – Contract Terms
When contracting for perpetual, on-going services (e.g. regular maintenance work, regular janitorial services, etc.), the Purchasing Authority shall endeavor to contract for initial terms of at least three (3) years. Reasonable extensions to contract terms may be exercised if included within the original agreement along with process and timing for exercising those extensions.

Section 5 – Dollar Limits
The following dollar limits and approval authorities are established for procuring public contracts; supplies, services and equipment; and professional services. Subsequent changes to the dollar limits and/or approving authority are subject to City Council approval by resolution.

The following tables indicate the proper procurement method for contracts, purchases, and procurement of services under the requirements of the California Public Contract Code and Foster City Municipal Code Chapter 3.04, Purchasing System.

When contracting for an item or one-time/temporary service, the value of the contract for purposes of identifying the proper procurement method shall be the total compensation paid to the vendor/contractor/service provider. When contracting for perpetual, on-going services (e.g. regular maintenance work, regular janitorial services, etc.), the value of an on-going service contract – regardless of its term – shall be the cost of procuring the service for three (3) years.

Federally-funded contracts and purchases must adhere to the federal guidelines, as outlined in Section 6 of this Policy.

6.3 Attachment 2 - Clean Version of the Foster City Purchasing Policy 63 4
A. Public Contract Code (no federal funds used)
Purchasing Method Approving
Authority
Dollar Limit
Level 1 – Force account (City employees) or
No bid requirements (Section 3.04.180)
City Manager
or Designee
<75,000 or up to the Informal
Bid Limit Pursuant to Public
Contract Code Section 22032
Level 2 – Informal bid procedures (Sect

3.04.190) (Note: If all bids received are in
excess of the Informal Bid limit set forth in
Public Contract Code section 22032, the
governing body of the public agency may, by
adoption of a resolution by a four-fifths vote,
award the contract, up to $235,000 or the limit
set forth in Public Contract Code section
22034(d), if it determines the cost estimate of
the public agency was reasonable.)
City Council > $75,000 and < $220,000
or Informal Bid Limit Pursuant
to Public Contract Code
Section 22032 except where
alternative procurement
processes are allowed by state
law (e.g., CA Government
Code Section 4217)
Level 3 – Formal bid procedures (Sect.

3.04.200, et seq), Council approval required
City Council > $220,000 or Formal Bid Limit
Pursuant to Public Contract
Code Section 22032except
where alternative procurement
processes are allowed by
state law (e.g., CA
Government Code Section
4217)
B. Purchases of Supplies, Equipment, and Services (excluding Professional Services) (no federal funds used)
Purchasing Method Approving
Authority
Dollar Limit
Level A – No bid requirements (open
market) (Section 3.04.060)
City Manager or
Designee
< $10,000
Level B – Informal bid procedures (Sect

3.04.070)
City Manager > $10,000 and < $50,000
Level C – Formal bid procedures (Sect.

3.04.080), Council approval required
City Council > 50,000*
C. Purchases of Professional Services
Purchasing Method Approving
Authority
Dollar Limit
Level D – City Manager approval of RFP and
award of Contract (Sect.

3.04.140)
City Manager < $50,000
Level E – City Council approval of RFP
and award of Contract (Sect 3.04.140)
City Council > $50,000

6.3 Attachment 2 - Clean Version of the Foster City Purchasing Policy 64 5
Section 6 – Procurement Requirements for Federally-Funded Contracts and Purchases
Federally-funded contracts/purchases must adhere to criteria specified under Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Section 2 - CFR § 200.317-200.326, to comply with the Uniform Guidance (UG) procurement requirements. These requirements differ from those under the California Public Contract Code and the City’s procurement guidelines. Any contract or purchase using federal funds must comply with the methods specified in the following tables.

A. Federally-Funded Public Works Contracts
Purchasing Method Approving
Authority
Dollar Limit
Level 1 – Force account (City employees) or
No bid requirements
(Section 3.04.180)
City Manager or
Designee
< $3,500
Level 2 – Informal bid procedures (Sect

3.04.190) (Note: If all bids received exceed
the Informal Bid Limit, City Council may by
4/5 vote award contract to
lowest responsible bidder for up to an
additional 10% of that Limit
City Council > $3,500 and < $150,000 or
Informal Bid Limit Pursuant to 2
C.F.R. § 200.320
Level 3 – Formal bid procedures (Sect.

3.04.200, et seq), Council approval required
City Council > $150,000 or Informal Bid Limit
Pursuant to
2 C.F.R. § 200.320
B. Federally-Funded Purchases of Supplies, Equipment, and Services (excluding Professional Services)
Purchasing Method Approving
Authority
Dollar Limit
Level A – No bid requirements (open
market) (Section 3.04.060)
City Manager or
Designee
< $3,500
Level B – Informal bid procedures (Sect

3.04.070)
City Manager > $3,500 and < $50,000
Level C – Formal bid procedures (Sect.

3.04.080), Council approval required
City Council > 50,000
Section 7 - Affirmative Action Penalties
Contractors in violation of Fair Employment Practices Act or other similar federal law; per person, per day, for each day the person was discriminated against: $100 per person, per day (updated 2007, Ordinance 563 § 2 (part))
Section 8 – Surplus Equipment and Supplies
On occasion, the City may desire to sell used or surplus equipment and/or supplies. The concept is that the City will receive funds from the sale of said surplus assets to be recognized as revenues and deposited into reserves.

6.3 Attachment 2 - Clean Version of the Foster City Purchasing Policy 65 6
A. Sale of Surplus Assets. Departments must obtain prior written authorization from the City Manager (or his/her designee) to sell surplus assets in accordance with Foster City Municipal Code Chapter 3.04, Purchasing System, and this policy.

Surplus assets may be used as “trade-in” value with a vendor from whom replacement assets are purchased without the need for public sale of said assets. Otherwise, state and local law prohibit gifting of public funds to any individual or entity. Accordingly, the City shall use open methods in selling off surplus assets. Departments are authorized to use the following means of selling surplus assets in an open forum:
• Auctions – including City-run auctions, auction houses, online auctions (e.g., eBay)
• Sealed bids – sealed bids received and opened at a pre-specified time and place • Sales offers – under limited circumstances, the City may entertain offers from sole buyers (including City employees) to purchase surplus assets only after other open methods of disposing said assets are exhausted.

Departments must ensure that sale of any such assets are publicly noticed. Public notice of online auctions can be achieved through publicizing City-authorized online auctions on the City’s web site in an easily found location that links users to the online auction web site.

All funds received from sale of surplus assets must be recognized as revenue to the City (not as an offset to an expenditure).

B. Donating Surplus Assets. Subject to City Council approval, surplus equipment and/or supplies may be donated to local organizations, including but not limited to: school districts, public or private schools, service organizations, and non-profit organizations.

Unless expressly authorized by Council resolution, such assets shall have been determined to have little or no market value using open methods of public sale prior to being donated to local organizations. Organizations that provide services directly in or to Foster City residents or businesses shall have first priority.

Section 9 –Procurement of Recycled-Content Paper Products A. In accordance with Foster City Municipal Code Section 3.04.095, if fitness and quality of recycled-content paper products and recycled-content printing and writing paper are equal to that of non-recycled items, Purchasing Authorities shall purchase recycledcontent paper products and recycled-content printing and writing paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, whenever available at the same or a lesser total cost than non-recycled items, consistent with the requirements of the Public Contracts Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended.

B. Recycled-content paper products include, but are not limited to:
• Office Supplies: file folders, hanging file folders, white wove envelopes, manila envelopes, index cards, cartons, wrapping, packaging, corrugated boxes • Writing and Printing Papers: copy, xerographic, watermark, cotton fiber, offset, note pads, computer printout paper, writing tablets, other uncoated writing papers
• Printed Materials: calendars, brochures, reports, magazines, publications, posters, newsprint, book paper, forms

6.3 Attachment 2 - Clean Version of the Foster City Purchasing Policy 66 7
• Paper Janitorial Supplies: toilet paper, toweling, facial tissue, toilet seat covers C. All paper products and printing and writing paper must be eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).

D. Purchasing Authorities will be responsible for obtaining records pertaining to procurement of recovered organic waste products and recycled-content paper products and recycled-content printing and writing paper, and shall input all data and digital copies of invoices, receipts, or other proofs of purchase that describe the procurement of printing and writing paper and paper products into the City’s SB 1383 Implementation Record to document its compliance with 14 CCR Section 18993.3. Records shall include a copy of the invoice or other documentation of purchase, written certifications for recycled-content purchases, vendor name, purchaser name, quantity purchased, date purchased, and recycled content, and if non-recycled-content paper products and/or non-recycledcontent printing and writing paper are procured, include a description of why recycledcontent paper products and/or recycled- content printing and writing paper were not provided.

Compost eligible for meeting the City’s Annual Recovered Organic Waste Product Procurement Target must be produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large volume in-vessel digestion facility that Composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State’s composting operations regulatory requirements.

B. Any department or individual procuring mulch for or on behalf of the City shall procure mulch pursuant to 14 CCR Chapter 12 of Division 7 that meets the conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4).
• Produced at either a compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10), OR a transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; OR, a solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division

2. • Meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852(a)(24.5)(A)1 through 3.

6.3 Attachment 2 - Clean Version of the Foster City Purchasing Policy 67 8
Section 11 – Employee Reimbursement of Benefits-Related Expenses Employees are eligible for reimbursements of a variety of employment-related benefits, including but not limited to: vision, professional development expenses, uniform reimbursements, jobrelated footwear, and other benefits which may be part of negotiated benefits packages in Memoranda of Understanding (MOU) with bargaining groups or compensation and benefits plans (C&B Plan) for unrepresented employees.

Employees shall submit requests for reimbursement of approved reimbursable expenses after those expenses are incurred by the employee. The request shall first be approved by the Department Head or his/her designee, then be approved by the Human Resources Department to ensure compliance with the provisions of the applicable MOU or C&B Plan.

Expenditures shall be accounted for as fringe benefits in the appropriate department budget.

Section 12 – Procurement (Credit) Cards
The City has created a Procurement (Credit) Card Program to assist departments in purchasing from vendors that either do not accept purchase orders, or otherwise to improve the efficiency of processing small dollar item purchases. A Credit Card Program policy has been issued and is attached hereto and incorporated herein by reference.

Section 13 – Exclusion of Alcoholic Beverages
In general, City funds shall not be used to purchase alcoholic beverages and such expenditures are explicitly prohibited unless specifically approved in advance by a Department Head or the City Manager for rare special City events where serving alcoholic beverages would be appropriate, such as grand openings or citizen volunteer appreciation events.

Section 14 – City Council Expense Reimbursement Policy
In accordance with California Government Code § 53232.1-.4, the City Council has adopted a City Council Expense Reimbursement Policy as of January 3, 2006. This Policy establishes guidelines regarding reimbursable expenses for City Councilmembers, and is required by law effective January 1, 2006.

The Policy is incorporated by reference herein. This Policy applies to the City Council as City Councilmembers and Estero Municipal Improvement District Directors.

Section 15 – Disaster Procurement Policy
The City Manager shall develop and implement a separate Disaster Procurement Policy to supplement the City’s normal purchasing practices to assure that, in both emergency and exigent circumstances caused by a proclaimed disaster or emergency, the City is able to acquire the goods and services required to address an immediate threat to life safety, public health, or to eliminate or reduce an immediate threat of significant damage to improved public and private property through cost-effective measures while still maintaining an effective purchasing process that meets applicable California and federal purchasing laws for cost recovery and reimbursement.

6.3 Attachment 2 - Clean Version of the Foster City Purchasing Policy 68 1

PURCHASING POLICY
City of Foster City California
Updated: October 18, 2021January 1, 2025
Prior Update: January 4October 18, 2021

TABLE OF CONTENTS
Section 1 – Purpose and Scope.....................................................................................................2 Section 2 – Governing Principles ...................................................................................................2 Section 3 – Authority......................................................................................................................2 Section 4 – Contract Terms ...........................................................................................................3 Section 5 – Dollar Limits ................................................................................................................3 Section 6 – Federally-Funded Contracts and Purchases...............................................................5 Section 7 – Affirmative Action Penalties.........................................................................................5 Section 8 – Surplus Equipment and Supplies ................................................................................5 Section 9 – Procurement of Recycled-Content Paper Products ....................................................6 Section 10 – Procurement of SB 1383 Eligible Compost and/or Mulch .........................................7 Section 11 – Employee Reimbursement of Benefits-Related Expenses........................................8 Section 12 – Procurement (Credit) Cards ......................................................................................8 Section 13 – Exclusion of Alcoholic Beverages .............................................................................8 Section 14 – City Council Expense Reimbursement Policy ...........................................................8 Section 15 – Disaster Procurement Policy.....................................................................................8

6.3 Attachment 3 - Red-Lined Version of the Foster City Purchasing Policy 69 2
Section 1 – Purpose and Scope
In accordance with Foster City Municipal Code Section 3.04.030, “The City Manager shall recommend and the City Council shall approve policies and procedures necessary in implementing a purchasing system which will include the necessary assignment of duties in order to carry out those policies and procedures.” Accordingly, the City Manager has hereby created this set of policies that all departments shall use in letting public construction contracts, executing professional services agreements, and purchasing supplies, services and equipment.

Failure to follow these policies is grounds for disciplinary action as provided in the City’s Personnel Rules and Regulations.

B. The duties of the Purchasing Authority are as follows:

1. Purchasing or contracting for supplies, services, equipment and public projects required by operating departments;

2. Negotiating and recommending execution of contracts for the purchase of supplies, services, equipment and public projects;

3. Acting to procure for the city the necessary quality in supplies, services, equipment and public projects at the lowest cost to the city;

4. Encouraging competitive bidding as set forth in Foster City Municipal Code Chapter 3.04, Purchasing System, and endeavoring to obtain as full and open competition as possible on all purchases;

5. Supervising the inspection of all supplies and equipment purchased to insure conformance with contract documents;

6. Maintaining a bidders' list of the vendors capable of supplying the various goods and services required by the City;

6.3 Attachment 3 - Red-Lined Version of the Foster City Purchasing Policy 70 3
C. Centralized Duties. The City Manager, at his/her discretion, may centralize or decentralize any or all of the aforementioned duties. However, in order to maintain adequate internal accounting controls over the purchasing function, the City Manager shall designate the Finance Director to oversee the following centralized duties:

2. Executing the provisions contained in Foster City Municipal Code Chapter 3.04 and providing administrative interpretation and advising on the provisions contained in chapter 3.04.

For example, a maintenance service contract which will compensate the contractor in an amount not-to- exceed $20,000 annually shall be considered a $60,000 contract for the purpose of establishing the proper procurement method based on dollar limits.1 1 Example: A maintenance service contract which will compensate the contractor in an amount not-toexceed $20,000 annually shall be considered a $60,000 contract for the purpose of establishing the proper

6.3 Attachment 3 - Red-Lined Version of the Foster City Purchasing Policy 71 4
Federally-funded contracts and purchases must adhere to the federal guidelines, as outlined in Section 6 of this Policy.

A. Public Contract Code (no federal funds used)
Purchasing Method Approving
Authority
Dollar Limit
Level 1 – Force account (City employees) or
No bid requirements (Section 3.04.180)
City Manager
or Designee
< $60,000 <75,000 or up to the
Informal Bid Limit Pursuant to
Public Contract Code Section
22032
Level 2 – Informal bid procedures (Sect

3.04.190) (Note: If all bids received are in
excess of the Informal Bid limit set forth in
Public Contract Code section 22032, the
governing body of the public agency may, by
adoption of a resolution by a four-fifths vote,
award the contract, up to $235,000 or the limit
set forth in Public Contract Code section
22034(d), if it determines the cost estimate of
the public agency was reasonable.If all bids
received exceed the Informal Bid Limit, City
Council may by 4/5th vote award contract, at
$212,500 or less, to lowest responsible bidder,
if it determines the cost estimate of the public
agency was reasonable)
City Council > $60,00075,000 and <
$200,000220,000
or Informal Bid Limit Pursuant
to Public Contract Code
Section 220322 Eexcept where
alternative procurement
processes are allowed by state
law (e.g., CA Government
Code Section 4217)
Level 3 – Formal bid procedures (Sect.

3.04.200, et seq), Council approval required
City Council > $2200,000 or Informal
Formal Bid Limit Pursuant to
Public Contract Code Section
220322 Eexcept where
alternative procurement
processes are allowed by
state law (e.g., CA
Government Code Section
4217)
B. Purchases of Supplies, Equipment, and Services (excluding Professional Services) (no federal funds used)
Purchasing Method Approving
Authority
Dollar Limit
Level A – No bid requirements (open
market) (Section 3.04.060)
City Manager or
Designee
< $10,000
Level B – Informal bid procedures (Sect

3.04.070)
City Manager > $10,000 and < $50,000
Level C – Formal bid procedures (Sect.

3.04.080), Council approval required
City Council > 50,000*
procurement method based on dollar limits.
2 Except where alternative procurement processes are allowed by state law (e.g., CA Government Code Section 4217)

6.3 Attachment 3 - Red-Lined Version of the Foster City Purchasing Policy 72 5
C. Purchases of Professional Services
Purchasing Method Approving
Authority
Dollar Limit
Level D – City Manager approval of RFP and
award of Contract (Sect.

3.04.140)
City Manager < $50,000
Level E – City Council approval of RFP
and award of Contract (Sect 3.04.140)
City Council > $50,000

6.3 Attachment 3 - Red-Lined Version of the Foster City Purchasing Policy 73 6
Section 6 – Procurement Requirements for Federally-Funded Contracts and Purchases
Federally-funded contracts/purchases must adhere to criteria specified under Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Section 2 - CFR § 200.317-200.326, to comply with the Uniform Guidance (UG) procurement requirements. These requirements differ from those under the California Public Contract Code and the City’s procurement guidelines. Any contract or purchase using federal funds must comply with the methods specified in the following tables.

3.04.070)
City Manager > $3,500 and < $50,000
Level C – Formal bid procedures (Sect.

6.3 Attachment 3 - Red-Lined Version of the Foster City Purchasing Policy 74 7
A. Sale of Surplus Assets. Departments must obtain prior written authorization from the City Manager (or his/her designee) to sell surplus assets in accordance with Foster City Municipal Code Chapter 3.04, Purchasing System, and this policy.

All funds received from sale of surplus assets must be recognized as revenue to the City (not as an offset to an expenditure).

Section 9 –Procurement of Recycled-Content Paper Products A. In accordance with Foster City Municipal Code Section 3.04.095, if fitness and quality of Rrecycled-Ccontent Ppaper pProducts and rRecycled-Ccontent Pprinting and Wwriting Ppaper are equal to that of non-recycled items, Purchasing Authorities shall purchase Rrecycled-cContent pPaper pProducts and Rrecycled-cContent Pprinting and wWriting pPaper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, whenever available at the same or a lesser total cost than nonrecycled items, consistent with the requirements of the Public Contracts Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended.

B. Recycled-cContent pPaper pProducts include, but are not limited to:
• Office Supplies: file folders, hanging file folders, white wove envelopes, manila envelopes, index cards, cartons, wrapping, packaging, corrugated boxes • Writing and Printing Papers: copy, xerographic, watermark, cotton fiber, offset, note pads, computer printout paper, writing tablets, other uncoated writing papers
• Printed Materials: calendars, brochures, reports, magazines, publications, posters, newsprint, book paper, forms

6.3 Attachment 3 - Red-Lined Version of the Foster City Purchasing Policy 75 8
• Paper Janitorial Supplies: toilet paper, toweling, facial tissue, toilet seat covers C. All Ppaper pProducts and pPrinting and wWriting pPaper must be eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).

D. Upon purchase of regulated paper products, Purchasing Authorities shall maintain records of all Paper Products and Printing and Writing Paper purchases (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee in such a manner that they may be provided upon request.

Records shall include a copy of the invoice or other documentation of purchase, written certifications for recycled-content purchases, vendor name, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-Recycled-Content Paper Products and/or non-Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or Recycled- Content Printing and Writing Paper were not provided.

E. Purchasing Authorities will be responsible for obtaining records pertaining to Procurement of Recovered Organic Waste Products and Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper.

F. Purchasing Authorities will do the following to track Procurement of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled- Content Printing and Writing Paper:

1. Collect and collate copies of invoices or receipts (paper or electronic) or other proof of purchase that describe the procurement of Printing and Writing Paper and Paper Products, including the volume and type of all paper purchases; and, copies of certifications and other required verifications from all divisions procuring Paper Products and Printing and Writing Paper (whether or not they contain recycled content) and/or from the vendors providing Printing and Writing Paper and Paper Products. These records must be kept as part of City’s documentation of its compliance with 14 CCR Section 18993.3.

2. Collect and collate copies of invoices or receipts or documentation evidencing procurement from all divisions procuring Recovered Organic Waste Products and invoices or similar records from vendors/ contractors/ others procuring Recovered Organic Waste Products on behalf of the City to develop evidence of City meeting its Annual Recovered Organic Waste Product Procurement Target. These records must be kept as part of the City’s documentation of its compliance with 14 CCR Section 18993.1.

3. Collect, collate, and maintain documentation submitted by City’s Direct Service Providers, and/or vendors.

4. Compile an annual report on direct procurement, and vendor/other procurement on behalf of the City, of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper, consistent with the recordkeeping requirements contained in 14 CCR Section 18993.2 for the Annual Recovered Organic Waste Product Procurement Target and 14 CCR Section 18993.4 for Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper procurement. This report shall be made available to the City’s responsible

6.3 Attachment 3 - Red-Lined Version of the Foster City Purchasing Policy 76 9
G.D. entity for compiling the annual report to be submitted to CalRecycle (which will include a description of compliance on many other SB 1383 regulatory requirements) pursuant to 14 CCR Division 7, Chapter 12, Article 13. The procurement report shall also be shared with the City Council annually as evidence of implementing this Policy.will be responsible for obtaining records pertaining to procurement of recovered organic waste products and recycled-content paper products and recycled-content printing and writing paper, and shall input all data and digital copies of invoices, receipts, or other proofs of purchase that describe the procurement of printing and writing paper and paper products into the City’s SB 1383 Implementation Record to document its compliance with 14 CCR Section 18993.3. Records shall include a copy of the invoice or other documentation of purchase, written certifications for recycled-content purchases, vendor name, purchaser name, quantity purchased, date purchased, and recycled content, and if non-recycled-content paper products and/or non-recycled-content printing and writing paper are procured, include a description of why recycled-content paper products and/or recycled- content printing and writing paper were not provided.

Section 10 – Procurement of SB 1383 Eligible Compost and/or Mulch A. Any department or individual procuring compost for or on behalf of the City shall procure compost that meets the definition in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this policy, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility. Compost eligible for meeting the City’s Annual Recovered Organic Waste Product Procurement Target must be produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large volume in-vessel digestion facility that Composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State’s composting operations regulatory requirements.

B. Any department or individual procuring mulch for or on behalf of the City shall procure mulch pursuant to 14 CCR Chapter 12 of Division 7 that meets the conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4).
• Produced at either aA compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10), OR a transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; OR, a solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.
• Meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Sections 17852(a)(24.5)(A)1 through 3.

6.3 Attachment 3 - Red-Lined Version of the Foster City Purchasing Policy 77 10
Section 11 – Employee Reimbursement of Benefits-Related Expenses Employees are eligible for reimbursements of a variety of employment-related benefits, including but not limited to: vision, professional development expenses, uniform reimbursements, job-related footwear, and other benefits which may be part of negotiated benefits packages in Memoranda of Understanding (MOU) with bargaining groups or compensation and benefits plans (C&B Plan) for unrepresented employees.

Expenditures shall be accounted for as fringe benefits in the appropriate department budget.

The Policy is incorporated by reference herein. This Policy applies to the City Council as City Councilmembers and Estero Municipal Improvement District Directors.

6.3 Attachment 3 - Red-Lined Version of the Foster City Purchasing Policy 78 DATE: December 2, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Diane Pitman, Administrative Services Director
Rob Lasky, IT Manager
DEPARTMENT: Administrative Services
SUBJECT: REPLACEMENT OF DATA BACKUP SYSTEM

RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution authorizing the Mayor to execute a five-year agreement with Roundstone Solutions, Inc. in an amount not to exceed $104,752 to purchase Cohesity Backup Servers and services.

EXECUTIVE SUMMARY
Data backup is a critical component of Information Technology. The Cohesity Enterprise Backup System (“Cohesity”) will provide features that will help protect the City from ransomware. Funds for this project were budgeted within the Information Technology (IT) Internal Services Fund budget for Fiscal Year 2023-2024 and were carried over to Fiscal Year 2024-2025.

BACKGROUND/ANALYSIS
On April 15, 2024, the City Council authorized the issuance of an RFP for an Enterprise Backup System. An RFP for an Enterprise Backup System was released on April 16, 2024. Nine proposals were received, and the lowest cost proposal was for Cohesity Backup from Roundstone Solutions.

6.4 6.4 Staff Report
79 The City currently uses Barracuda Backup as our Enterprise Backup System. The system was originally purchased in 2013 and the hardware has been refreshed 3 times.

While Barracuda Backup has been a reliable system for the City, in recent years there have not been any enhancements to the software. Newer ransomware has been increasingly targeting backup systems, and Cohesity will help recognize and mitigate ransomware incursions.

Cohesity integrates well with VMware and Nutanix, which are the two server virtualization solutions in use at Foster City. Backups are saved to the on-premise Cohesity server and then those backups are replicated to the cloud. Backups of critical systems can be made immutable so that malicious actors cannot delete them.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
Upfront Cost of Hardware and 3 years of support and maintenance $72,152 4th year fixed renewal (due at beginning of year 4) $16,300 5th year fixed renewal (due at beginning of year 5) $16,300 TOTAL $104,752
This project was budgeted in FY 2023-2024 for $60,000 in the IT Internal Services Fund (#504-0160-419-4388) and funds were carried over to FY 2024-2025. Unspent funds from the Police Department Scheduling Software project can be used to close the funding gap for the upfront pricing of $72,152, which includes 3 years of licensing and support.

Fixed cost renewals for years 4 and 5 are included in the total cost of the agreement, but payment is not due until the beginning of years 4 and 5. Funds will be budgeted in the appropriate fiscal years for those renewals as part of the annual budget process.

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

Attachment 1 – Resolution
Attachment 2 – Agreement
Attachment 3 – Roundstone Proposal

6.4 6.4 Staff Report
80 RESOLUTION NO.____________

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

AUTHORIZING THE MAYOR TO EXECUTE A FIVE-YEAR AGREEMENT WITH ROUNDSTONE SOLUTIONS, INC. IN AN AMOUNT NOT TO EXCEED $104,752 TO

PURCHASE COHESITY BACKUP SERVERS AND SERVICES

CITY OF FOSTER CITY
WHEREAS, Data backup is a critically important component of Information Technology; and
WHEREAS, ransomware has been increasingly targeting backup systems; and WHEREAS, Cohesity will help recognize and mitigate ransomware incursions; and WHEREAS, an RFP was issued on 4/16/2024 and the lowest cost proposal was for Cohesity Backup from Roundstone Solutions; and
WHEREAS, sufficient funds are available in the Information Technology Internal Services Fund (#504) to cover the purchase of said equipment and services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute a five-year agreement with Roundstone Solutions, Inc. in an amount not to exceed $104,752 to purchase Cohesity Backup Servers and services.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 2nd day of December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.4 Attachment 1 - Resolution
81 1 Updated 1/10/2022

VENDOR AGREEMENT FOR PRODUCTS AND/OR SERVICES
FOR

DATA BACKUP SYSTEM HARDWARE AND SOFTWARE
This Agreement is made and entered into as of the 2nd day of December, 2024 by and between the City of Foster City hereinafter called "CITY" and Roundstone Solutions 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 specially trained, experienced and competent to perform and has agreed 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.

VENDOR’s obligation to provide the product includes but is not limited to, the provision of all labor, equipment, materials, testing and any other

6.4 Attachment 2 - Agreement
82 2 Updated 1/10/2022
required work or services or costs of any type incidental to the supply of the product.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon the date enumerated in Exhibit A, delivery of the product or completion of performance of services hereunder by VENDOR, whichever date shall first occur.
(b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct VENDOR 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 VENDOR 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 VENDOR demanding such cure, in which case VENDOR 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 VENDOR 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.

VENDOR shall continue its work throughout the course of any dispute, and VENDOR’s failure to continue work during a dispute shall be a material breach of this Agreement.

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 sum One Hundred Four Thousand Seven Hundred Fifty Two Dollars ($104,752).

Invoices for amounts in excess of One Hundred Four Thousand Seven Hundred Fifty Two Dollars ($104,752) shall not be paid 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 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 VENDOR meeting contract milestones as defined in

6.4 Attachment 2 - Agreement
83 3 Updated 1/10/2022
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.

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. VENDOR is an independent Contractor and does not act as CITY’s agent in any capacity, whatsoever. VENDOR 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 VENDOR’s provision of Services, not the means, methods, or scheduling of the VENDOR’s work. VENDOR shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement. VENDOR 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.

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

6.4 Attachment 2 - Agreement
84 4 Updated 1/10/2022
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. Force Majeure. Except for defaults of subcontractors at any tier, VENDOR 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 VENDOR, 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”).

11. VENDOR’s Liability for Injury to Persons or Damage to Property. a. VENDOR shall be liable for damages arising out of injury to the person and/or damage to City property, City employees, persons designated by City for training, or any other person(s) other than VENDOR’s agents or employees, designated by City for any purpose prior to, during, or subsequent to delivery, installation, acceptance, and use of the Products either at VENDOR’s site or at City’s place of business, provided that the injury or damage was caused by VENDOR’s fault or negligence.
b. VENDOR shall not be liable for damages arising out of or caused by an alteration or an attachment not made or installed by VENDOR, or for damage to alterations or attachments that may result from the normal operation and maintenance of the Products in accordance with the Agreement.

12. 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, 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 VENDOR or its Subcontractors), cost (including,

6.4 Attachment 2 - Agreement
85 5 Updated 1/10/2022
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 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 VENDOR, any Subcontractor, 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 VENDOR shall meet and confer with other parties regarding unpaid defense costs.

The duty of VENDOR to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require 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.

13. Patent, Copyright and Trade Secret Indemnity.
a. VENDOR shall hold City, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or
unpatented invention, article or appliance furnished or used in connection with the Agreement.
b. VENDOR may be required to furnish a bond to City against any and all loss, damage, costs, expenses, claims and liability for patent, copyright and trade secret infringement.
c. VENDOR, at its own expense, shall defend any action brought against City to the extent that such action is based upon a claim that the Products supplied by VENDOR or the operation of such Products pursuant to a current version of VENDOR supplied operating software infringes a patent or copyright or violates a trade secret. VENDOR shall pay those costs and damages finally awarded against City in any such action. Such defense and payment shall be conditioned on the following:

6.4 Attachment 2 - Agreement
86 6 Updated 1/10/2022
i. That VENDOR shall be notified within a reasonable time in writing by City of any notice of such claim; and
ii. That VENDOR shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise, provided, however, that when principles of
government or public law are involved, City shall have the option to participate in such action at its own expense.
d. Should the Products, or the operation thereof, become, or in VENDOR’s opinion are likely to become, the subject of a claim of infringement of a patent or copyright or a trade secret, City shall permit VENDOR at its option and expense either to procure for City the right to continue using the Products, or to replace or modify the same so that they become non infringing. If none of these options can reasonably be taken, or if the use of such Products by City shall be prevented by injunction, VENDOR agrees to take back such Products and make every reasonable effort to assist City in procuring substitute Products. If, in the sole opinion of City, the return of such infringing Products makes the retention of other Products acquired from VENDOR under the Agreement
impractical, City shall then have the option of terminating the Agreement, or applicable portions thereof, without penalty or termination charge. VENDOR agrees to take back such Products and refund any sums City has paid VENDOR less any reasonable amount for use or damage.
e. VENDOR shall have no liability to City under any provision of this clause with respect to any claim of patent, copyright or trade secret infringement which is based upon.
i. The combination or utilization of Products furnished hereunder with equipment or devices not made or furnished by VENDOR; or
ii. The operation of equipment furnished by VENDOR under the control of any operating software other than, or in addition to, the current version of VENDOR supplied
operating software; or
iii. The modification by City of the equipment of software furnished hereunder; or
iv. The combination or utilization of software furnished hereunder with non-VENDOR supplied software.
f. VENDOR certifies that it has appropriate systems and controls in place to ensure that City funds will not be used in the performance of the Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws.

14. Insurance. Prior to execution of this Agreement, VENDOR shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Agreement as set forth in EXHIBIT D,

6.4 Attachment 2 - Agreement
87 7 Updated 1/10/2022
Insurance, which are attached and made a part of this Agreement.

VENDOR shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT D. In the event VENDOR 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 VENDOR under this Agreement (or VENDOR shall promptly reimburse CITY for such expense).

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.

15. 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.

16. 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 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.

17. 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

6.4 Attachment 2 - Agreement
88 8 Updated 1/10/2022
Attention: Rob Lasky
VENDOR: Roundstone Solutions Inc.
120 Village Square, #65
Orinda, CA 94563
Attention: Tim Joyce
Email Address: [email protected]

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

19. Substitutions. VENDOR may not substitute any Products or Services without City’s advance written consent. VENDOR shall not use any specification in lieu of those contained in the Agreement without City’s advance written consent.

20. Warranty. Unless otherwise specified, the warranties contained in the Agreement begin after acceptance has occurred.
a. VENDOR warrants that all Products and Services furnished hereunder will conform to the requirements of the Agreement (including all descriptions, specifications and drawings made a part hereof). All Products will be merchantable, fit for their intended purposes, free from all defects in materials and workmanship and to the extent not manufactured pursuant to detailed designs furnished by City, free from defects in design. No approval of designs, specifications or other Services furnished by VENDOR shall relieve VENDOR of its obligations under this warranty. b. All warranties, including special warranties specified elsewhere herein, shall inure to City, its successors and assigns, and any users of the Products or Services.

21. Samples.
a. City may require samples of items inspection and specification testing and must be furnished free of expense to City. The samples furnished must be identical in all respects to the products bid and/or specified in the Agreement.
b. Samples, if not destroyed by tests, may, upon VENDOR’s request made at the time the sample is furnished, be returned at VENDOR’s expense.

22. Newly Manufactured Products. All Products shall be newly manufactured products; used or reconditioned products are prohibited, unless otherwise specified.

6.4 Attachment 2 - Agreement
89 9 Updated 1/10/2022

23. Packing and Shipment.
a. All Products shall be packed in suitable containers for protection in shipment and storage, and in accordance with applicable specifications. Each container of a multiple container shipment shall be identified to:
i. show the number of the container and the total number of containers in the shipment; and
ii. the number of the container in which the packing sheet has been enclosed.
b. All shipments by VENDOR or its subcontractors must include packing sheets identifying City’s Contract number; item number; quantity and unit of measure; description of the Products shipped; and appropriate evidence of inspection, if required.
c. Shipments must be made as specified in the Agreement, as it may be amended, or otherwise directed in writing by City.

24. Transportation Costs and Other Fees or Expenses. No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by City unless expressly authorized by and itemized in the Agreement.

Unless otherwise directed by City in writing, all Products and components thereof shall be delivered f.o.b. Point of Delivery. VENDOR shall select the means and methods of transportation.

25. Inspection, Acceptance and Rejection.
a. VENDOR and its subcontractors shall provide and maintain a quality assurance system acceptable to City covering Products and Services under the Agreement and will tender to City only Products that have been inspected and found to conform to all requirements.

VENDOR will keep records evidencing inspections and their result, and will make these records available to City during the Agreement performance and for three years after final payment. VENDOR shall permit City to review procedures, practices, processes and related documents to determine the acceptability of VENDOR’s quality assurance system or other business practices related to performance of the Agreement.
b. All Products may be subject to inspection and test by City or its authorized representatives.
c. VENDOR and its subcontractors shall provide all reasonable facilities for the safety and convenience of inspectors at no additional cost to City. VENDOR shall furnish to inspectors all information and data as may be reasonably required to perform their inspection.

6.4 Attachment 2 - Agreement
90 10 Updated 1/10/2022
d. All Products may be subject to final inspection, test and acceptance by City, notwithstanding any payment or other inspection. e. City shall give written notice of rejection of Products delivered or Services performed within a reasonable time after receipt of such Products or performance of such Services. Such notice of rejection will state the respects in which the items do not substantially conform to their specifications. If City does not provide such notice of rejection within thirty (30) days of delivery, unless otherwise specified in the Agreement, such Products and Services will be deemed to have been accepted. Acceptance shall not be
construed to waive any warranty rights that City might have at law or by express reservation in the Agreement with respect to any nonconformity, or any other rights provided by law.

26. Compliance With Statutes and Regulations. VENDOR covenants that in the performance of the Agreement it will comply with all applicable statutes, rules, regulations and orders of the United States, the State and City, and shall defend, indemnify and hold the City harmless against any loss, cost, damage or liability by reason of VENDOR’s violation of this provision.

27. National Labor Relations Board Certification. VENDOR swears under penalty of perjury that no more than one final, unappealable finding of contempt of court by a federal court has been issued against VENDOR within the immediately preceding two-year period because of VENDOR’s failure to comply with an order of the National Labor Relations Board.

28. Covenant Against Gratuities. VENDOR warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by VENDOR, or any agent or representative of VENDOR, to any officer or employee of City with a view toward securing the Agreement or securing favorable treatment with respect to any determinations concerning the performance of the Agreement. For breach or violation of this warranty, City shall have the right to terminate the Agreement, either in whole or in part, and any loss or damage sustained by City in procuring on the open market any items which VENDOR agreed to supply shall be borne and paid for by VENDOR. The rights and remedies of City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or in equity.

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

30. 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.

6.4 Attachment 2 - Agreement
91 11 Updated 1/10/2022

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

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

33. Conflict of Interest. VENDOR 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, VENDOR represents to and agrees with CITY that VENDOR 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) VENDOR may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential VENDORs, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

34. Confidentiality. Any information, whether proprietary or not, made known to or discovered by VENDOR during the performance of or in connection with the Agreement for City, will be kept confidential and not be disclosed to any other person. VENDOR will immediately notify City in writing if it is requested to disclose any information made known to or discovered by during the performance of or in connection with the Agreement. These confidentiality provisions and limitations shall remain fully effective indefinitely after VENDOR’s completion of the Agreement.

6.4 Attachment 2 - Agreement
92 12 Updated 1/10/2022

35. 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.

36. Entire Agreement. This Agreement, including Exhibits A, B C, D, E and F, 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

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney
VENDOR
Dated:

Tim Joyce, President and CEO

6.4 Attachment 2 - Agreement
93 13 Updated 1/10/2022

EXHIBIT A
SCOPE OF WORK and SCHEDULE
FOR

DATA BACKUP SYSTEM HARDWARE AND SOFTWARE
Scope of Deliverables:

Quantity Part Number Description
1 C5016-10G-SFP-3-2 Cohesity 4-node appliance
• Total Capacity: (4) Intel Xeon CPUs, 48TB HDD,

6.4TB SSD
8 ADDP-SFP-10G-SR-2 Cohesity SFP+ fiber adapters
8 CBL-10G-LC-010-2 Cohesity 10m optical cables
1 CS-P-C5016-10G-SFP-3-2 Cohesity Premium support, 60 months 15 SAAS-FORTKNOX-H-AWS-2 Cohesity Secure and immutable Cohesity managed Cloud archival delivered as a service
10 SVC-DATAPROTECT-2 Cohesity DataProtect subscription (1TB) Scope of Services:
36 months 24/7 Premium Support for Cohesity. Installation will be performed by Foster City staff.

Project Schedule
Hardware will be shipped within 4 weeks of signed agreement. Project will be complete once hardware is received, however Cohesity will continue to provide the prepaid 36 months support.

6.4 Attachment 2 - Agreement
94 14 Updated 1/10/2022

EXHIBIT B
VENDOR’S FEES and PAYMENT MILESTONES
Upfront Fees
HARDWARE COST $23,164
HARDWARE SUPPORT (36 months) $ 7,420
SOFTWARE LICENSING (36 months) $39,396
SUBTOTAL $69,980
SALES TAX $ 2,172
GRAND TOTAL $72,152
Fixed price renewals
4TH YEAR FIXED RENEWAL (due at beginning of Year 4) $16,300 5TH YEAR FIXED RENEWAL (due at beginning of Year 5) $16,300 Upon receipt of hardware, a Net30 invoice will be issued for payment of fees.

6.4 Attachment 2 - Agreement
95 15 Updated 1/10/2022

EXHIBIT C
ADDITIONAL TERMS and CONDITIONS
Cohesity’s Terms and Conditions can be found here:
https://www.cohesity.com/agreements
Where in conflict, the terms in this Agreement supersede and prevail over those referenced in the link.

6.4 Attachment 2 - Agreement
96 16 Updated 1/10/2022

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 Vendor Name, 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.

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 Vendor'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. 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”.
[FOR THE FOLLOWING INSURANCE REQUIREMENTS, PLEASE CONSIDER IF EACH IS APPROPRIATE FOR THE SERVICE TO BE PROVIDED AND FOR THE VENDOR. UNCHECK THE CHECKBOX FOR ANY INSURANCE REQUIREMENT THAT IS NOT APPLICABLE.

PLEASE CONTACT THE CITY MANAGER’S OFFICE WITH ANY QUESTIONS.]

6.4 Attachment 2 - Agreement
97 17 Updated 1/18/2022
☒ 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 nonowned 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
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. ☒ Cyber Liability Insurance
Cyber Liability Insurance, covering network risk and cyber liability (including coverage for unauthorized access, failure of security, breach of privacy perils, as well at notification costs and regulatory defense) in an amount of not less than $1,000,000. Such insurance shall be maintained in force at all times during the term of the Contract and for a period of two years thereafter for services completed during the term of the Contract.

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

6.4 Attachment 2 - Agreement
98 18 Updated 1/18/2022

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 provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.

3. Insurance terms and conditions:

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

3.2 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 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.

3.4 For 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.

3.5 Insurance 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.

3.6 Failure 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

6.4 Attachment 2 - Agreement
99 19 Updated 1/18/2022
shall not relieve Vendor of its obligation to obtain and maintain the insurance coverages required by this Agreement.

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

3.8 City may (but is under no obligation to) secure project-specific insurance, wrap-up insurance, or administer an owner controlled insurance program ("OCIP"), in which case 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

6.4 Attachment 2 - Agreement
100
20 Updated 1/18/2022

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

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

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

Other: [Cyber Liability, Installation Floater, etc.]
Certificates of Insurance Required (no endorsement needed) (Check all that apply) Insurer Policy No.

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

Professional Liability:

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

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

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

6.4 Attachment 2 - Agreement
101
21 Updated 1/18/2022
TELEPHONE: ( ) DATE ISSUED:

6.4 Attachment 2 - Agreement
102
22 Updated 1/18/2022

EXHIBIT E
SPECIAL TERMS and CONDITIONS

6.4 Attachment 2 - Agreement
103
23 Updated 1/18/2022

EXHIBIT F
COVID-19 AMENDMENT/ATTACHMENT
(Vendor Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between ____________________ (“City”) and ____________________________ (“Vendor”) 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 Vendor (which for purposes herein includes all subcontractors) 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 Vendor 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. Vendor acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Vendor’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 Vendor shall follow the most applicable, restrictive and newest COVID-19 Proclamations.

D. An “Unknown COVID-19 Condition” is a COVID-19 Condition the Vendor did not know about, and reasonably should not have known about, as of the date the Vendor submitted its proposal. The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the Vendor 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 Vendor’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subcontractors failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.

2. COVID-19 Conditions and Proposal. Vendor 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 Vendor’s price and schedule. In order to be

6.4 Attachment 2 - Agreement
104
24 Updated 1/18/2022
entitled to any relief from a COVID-19 Condition, the Vendor must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.

3. Compliance with COVID-19 Proclamations.

A. Vendor 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 noncompensable, except as otherwise expressly stated herein.

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

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

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

7. Safe Work Practices. Vendor shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subcontractors, 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. Vendor 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 Vendor to actively monitor the health of its workers through temperature checks and questionnaires of major COVID19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Vendor shall immediately report to City any outbreaks of COVID-19 among its workers. The Vendor shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak

6.4 Attachment 2 - Agreement
105
25 Updated 1/18/2022
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.

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

VENDOR: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Tim Joyce, President and CEO Patrick Sullivan, Mayor

6.4 Attachment 2 - Agreement
106

6.4 Attachment 3 - Roundstone Proposal
107

6.4 Attachment 3 - Roundstone Proposal
108
3 Overall Cohesity Software Strategy
The following section provides a comprehensive overview of the Cohesity platform, called the Cohesity Data Cloud, and explainsits key features and functionalities.

Cohesity Data Cloud: Unified data security and management: Cohesity Data Cloud is a software-defined data and application management solution delivered as SaaS, Customer-managed, and/or Partner-managed, or any combination ofthe three. Regardless of how CohesityData Cloud is deployed, it unifies data under a single platform that manages all locations, including on-prem (core), cloud, SaaS, edge, and Mainframe. Cohesity Data Cloud is a multi-tenant, web-scale platform with over 250 patentsthat outperforms and costslessthan competing alternatives.

Cohesity aligns the appropriate solution deployment model to each workload group as follows:
• On-premises: Customer-managed physical clusters of hyper-converged Cohesity hardware be deployed at customer-defined locations. Thissingle-tier architecture dramatically reducesthe attack surface and management overhead associated with the Data Protection environment • Cloud IaaS/PaaS: Forthe Cloud IaaS and PaaS workloads, Cohesity proposesthat managed Cohesity software running on hyper-scaler VMs/Containers be deployed in each Cloud. These clusters are easily run on commodity Cloud infrastructure, but provide the same native immutability, encryption, air-gap, and granular RBAC as any on-premises cluster since it's the same software, and can be replicated to any other Cohesity cluster, Cloud or On-premises
• M365: For M365 applications, Cohesity proposes using Cohesity Cloud Services (CCS) Backup- as-a-Service (BaaS), a turnkey service running in Cohesity's AWS tenant that includes all costs - ingress, egress, infrastructure, software, support, etc. - in one low, per-User price that is fixed forthe duration ofthe term regardless of data growth across various M365 applications (Mail, OneDrive, SharePoint, etc.).

6.4 Attachment 3 - Roundstone Proposal
109
5 All of these deployments scale up/down linearly in variable increments as needed, and they're "always- on," meaning any expansions, contractions, upgrades, etc. are all done without needing any downtime. In addition, data sites are enabled with seamlessreplication, archiving, and vaulting, if desired, to any remote site or Cohesity's SaaS Vault called Fort Knox, without any special configuration, hardware, or proxies. All these configurationssupport DR automation and orchestration, which can be tested and validated on any schedule as needed.

Rapid Recoveries at Scale:

Cohesity's scale shines best when it comes to recoveries. Cohesity can restore operations as much as 50% faster than alternative competitive solutions. Thisis driven bymultiple unique capabilities:
• Install Mass Restore: Cohesity's unique ability to instantly recover 1)thousands of VMs, 2) databases such as Oracle etc., and 3) hundreds of terabytes NAS (NetApp for example) data in minutes vs. hours or days. No other provider enablesinstantrecovery of different workloads. • Patented snapshot technology: Cohesity's SnapTreeTM takes each incremental backup, and instantly fuses it with the prior fully hydrated snapshot, so that the desired RPO is immediately available as a fully hydrated snapshot, so there's no time lost stitching incremental backups together with a recentfull backup. Thismeans data retrieval isjust asfastforsnapshotsfrom five (5) hours, five (5) days, 15 days, or 45 days ago.
• Efficient Metadata: Cohesity retains backups data longer without running out of memory or flash resources.

Cohesity I/O is also faster because it's exclusively retained on SSD and deduplicated, and there are no metadata chains to traverse forlocating blocks.
• Parallel processing: Cohesity's hyper-converged, scale-out file system enables all nodes in a cluster (on-prem, Cloud, SaaS)to participate fully in all operations, including recoveries • MegaFile: Cohesity has the ability to take very large files (e.g., 50MB vmdk files) and break them up into smaller blocks for parallel processing (e.g., recovery) without any data fidelity loss or security risk • Restore Flexibility: Cohesity hasthe ability tomassrestore to a new network, instantly recovering workloads for parallel forensics and clean data validations. Regardless of whether the original VM location can be accessed or not, the VMs are easily brought up and put on any desired network. • Restore Resilience: During instant access, strict consistency and redundancy are maintained, as is expected from primary storage. Crash orloss of a node will NOT lose any cached writes, nor will it interrupt the I/O processing, making it perfectly safe for production use. While Cohesity doesn't performas primary storage, it outperformsstorage solutions designed for backup only. This also means recovered workloads, as well as forensics, dev/test, analytics, etc. workloads all run without interruption, even during software upgrades

2. Security:

Data within Cohesity Data Cloud issecure from the inside out, with in-flight and at-rest encryption, immutability, WORM, natively immutable, encrypted, and air-gapped data and is never exposed by any network protocols orshell access, and it cannot be snooped, deleted, or expired through time-shift attacks.

In addition, the data can be securely shared rather than siloed, stored more efficiently, and made visible ratherthan keptin the dark to external applicationssuch as ML/AImodels, analytics, Dev/Test,

6.4 Attachment 3 - Roundstone Proposal
110
6 forensics, and to secure applications that run in isolated containers on the Cohesity platform itself, all of which have no visibility, access, or awareness of the original, immutable, encrypted, air-gapped data. Instead, these apps only leverage data clones that consume zero additional storage.

Cohesity’s comprehensive anti-ransomware capabilities protect, isolate, detect, and most importantly, rapidly recover, data to reduce downtime and ensure business continuity, regardless of the disruption event - Ransomware, disaster, hacktivism, etc.

Key Benefits Summarized:
• ReduceAttack Surface - Collapse your data and infrastructure silos onto a single,software- defined platform that reduces accessible points, running a hardened software stack from OS up to the application, allmanaged through Cohesity. No Master, Media, Indexing, Deduplication, Reporting, Proxy, etc., servers are needed, dramatically simplifying the architecture, and eliminatingmultiple components whichmust bemanaged -OS versions compatible with Application versions, compatible with firmware, network interfaces, etc.
• Hardened, Access Controlled, Self-Healing Platform: The Cohesity Data Cloud is a hardened Linux platform, which comes secure upon installation, with these strict access controls set by default, and includes a built-in posture management capability called Security Advisor. Security Advisor monitors multiple threat vectorsin real-time and alerts on any changes, which can then trigger self-healing through automated response actions. In the extremely unusual event thatsystem repair requiresshell access, there are no backdoor credentials maintained by Cohesity.

Instead, customers must initiate a process with Cohesity Support, who must concur access is needed, and then a one-time-use, time-limited token must be granted before shell accessis enabled • Natively Immutability - Prevent externalsystems or bad actorsfromtargeting your backup data with native immutability, builtinto the file systemby default,such that no block is ever overwritten, and immutable data is never exposed via any protocol, accessmethod, is not mountable to an external system, nor does Cohesity maintain backdoor Vendor Support credentials. The immutable file system can take very frequent, unlimited read-only state snapshots and store themwith extremely low overhead, ensuring the longerretention period needed to addressincreasing Ransomware dwelltime can be supported. Data cannot be snooped, deleted, or expired. In addition, virtual air gap,DataLock (WORM - WriteOnce Read Many),strict granular RBAC, as well as SSO/MFA provide additional protection layers.
• WORM Protection: WORM Protections are applied via a Cohesity feature called, DataLock, which ensures immutable, encrypted, air-gapped backup data cannot be altered, expired, or deleted, either by an authorized Administrator, SecurityOfficerrole, or authenticated APIs, ensuring data is retained for whatever retention is specified. These WORM protections apply across all the deployment modes recommended - Clouds, On-Premises, SaaS, and Mainframe, without additional infrastructure or specialized storage.

6.4 Attachment 3 - Roundstone Proposal
111
7 • Strict Access Controls: Preventing unauthorized access to sensitive data is at the heart of Cohesity’s protection vision. Cohesity has very restrictive access controls at the object level (e.g., VM, database, file, etc.), supported by granular RBAC, as well as MFA/SSO and Privileged Access Management (PAM, e.g., CyberArk) integration for keeping your data completely safe. In addition, Cohesity implementsQuorum – the ability to define two ormoremembers of a Quorumgroup, and require two ormore ofthese membersto authorize access and actions against backup data, helping to ensure that even if a select number of credentials are compromised along with your data, you can securely backup, access, and recover pristine, clean copies of your data fromany location, including the external Fort Knox SaaS vault
• Time-Shift Protection: To ensure that data locks cannot be expired prematurely, Cohesity leverages NTPSec, triangulates across multiple NTP servers, and an automatic trigger that defaults to the local system time when NTP time shifts more than several minutes. Cohesity not only enables NTPsec and triangulates multiple NTP servers, but even if a malfunctioning NTP server were to try moving time forward too quickly, Cohesity software protections do not allow clustertime changes of more than a maximum of 30 minutes backward orforwards over 14 days, providing better protection than a simple, monotonic clock.
• Data Isolation - Beyond the native air gap of every cluster, a simple policy-based automated air gap adds an additional layer of protection against modern ransomware attacks, and for further data and management isolation, Cohesity offers the award-winning Fort Knox SaaS vault, which runs in a separate Cloud tenant on AWS and/or Azure, and is secured with additional access controls and restrictions, such asQuorum(2 ormore predefined, authorized usersthat are required to access/operate on Vault data).Quorumgroupsin control of vaulting operations can be a different people than those performingOn-premise or Cloud cluster operations. Fort Knox can be viewed as an additional Isolated Vault or Isolated Recovery Environment (IRE) SaaS service option that augments native immutability, airgap, and other capabilities previously described. • ML/AI-based Ransomware Detection: Cohesity Data Cloud ML/AI Ransomware detection automatically and continuously monitors every backup in real-time as ingested, and responds when an anomaly is detected. If data change rates change, including data ingest is out of the normal range—based on daily change rates on logical data, stored data after global deduplication or historical data ingest, as well as entropy (e.g., the randomness of data). Using Threat Intelligence from Cohesity's Data Security Alliance Partners, these anomalies trigger reactive scans for threat indicators that point to a broader cyber event, as well as sensitive data (e.g., PII, PHI, etc.) scanning to immediately understand the blast radius and event severity (e.g., is reporting to authoritiesrequired?). The CyberScan app based on integration with Tenable.io, is also triggered to identify vulnerabilitiesin the impacted workloads. Based on this consolidated risk assessment, the appropriate Incident Response playbook is invoked. Cohesity Data Cloud initiates API-based automation and orchestrion with Security Operations via SIEM/SOAR integration, sending notificationsto administrators, and displaying detailsin the Security Dashboard.

6.4 Attachment 3 - Roundstone Proposal
112
8 • Proactive Threat, SensitiveData Vulnerability Identification - using advanced ML/AI threat detection models from CrowdStrike andQualys, Cohesity proactively scans data in parallel, providing proactive protections against many more cyberrisksthan what can be seen using self-managed YARA rules loaded and run one-at-a-time. By using 200+ industry-leading ML and Natural Language Processing (NLP) models from BigID, more sensitive data is readily identified vs. home-grown, inaccurate regex-based methods. For example, these models enable more accurate detection of names, birth dates, passwords, and street addresses. Collaborating with industry leaders reduces false positives and false negatives, especially important for automated Security Operations workflow automation. In addition, Cohesity works with both Zscaler andNetskope to allow those toolsto identify ifsomeone istrying to exfiltrate files Cohesity flags and tags containing PII. • Clean Recoveries: Beyond Cohesity's unique advantagesin recovery speed isthe ability to ensure clean restores and avoid re-injecting a cyberthreat orsoftware vulnerability into your production environment. First, Cohesity protects Directory Services, like Active Directory, and can compare any point in time to the current Identity store down to the attribute level. This enables side-by-side comparison, and recovery at the individual attribute, User, or Tree level, to ensure the compromised credentialsleveraged in an attack do notremain compromised after restoring quickly and cleanly.

Isolated data clones, with no access, visibility, or connectivity to the original immutable, encrypted, airgapped data are mounted and scanned by Cohesity’s DataHawk and CyberScan services to give deep visibility into the data health and recoverability. DataHawk scans data clones securely mounted on the Cohesity platform forthreat indicators using high-fidelity, real-time Threat Intelligence from Crowdstrike andQualys in parallel vs. individually loaded, self-managed YARA rules run one at a time.

DataHawk scans for sensitive data using over 200 NLP and ML patterns from BigID, constantly updated vs. static, false positive-prone Regex rules. CyberScan leverages integration with Tenable.io, and identifies any vulnerabilities, and provides actionable remediation recommendations forreview. All ofthese capabilities can be automated and orchestrated with common SIEM/SOAR tools, using predefined playbooks and integrations delivered by Cohesity's Data Security Alliance, which helpsUCOP more quickly, cleanly, and predictably recoverfroma ransomware attack, or any type of business disruption.

3. Simplicity:

Cohesity Data Cloud enables you to more quickly ramp up and successfully leverage the full capabilities of the platform due to its simplicity, which is broken into several categories:
• Simple to Use: Cohesity intuitive UI is the same for every deployment scenario, and simply having protection groups avoids policy sprawl, re-entering information in mostly-redundant policies, having long policy pick lists
• Simple to Secure: Native immutability, encryption, air-gap, WORM, MFA/SSOand PAM integrations, NTP protections, etc. are all built-in and on by default, and there's built-in posture management with Security Advisor that enablesself-healing of the environment • Simple to Deploy: Cohesity's hyper-converged architecture meanssimple, flat network deployment of commodity nodes with no need for multiple servertypes or proxies, nor the need to architect multitier data flows, as well as superior space efficiency, results in 30-35% less infrastructure than competitors

6.4 Attachment 3 - Roundstone Proposal
113
9 • Simple to Integrate: Cohesity provides predefined integrations and Playbooks, as well as jointly developed and supported solutions with Data Security Alliance Partners. Cohesity provides an entire ecosystem dedicated to making integration easy with apps, API example code, videos, and GitHub repository for Ansible, vRA, Terraform, puppet, etc. available at https://developer.cohesity.com/ • Simple to Operate: Loads of predefined dashboards, reports, and alerts, as well as integrations, to help automate IT and Security Operations, and a secure Postgresreporting database for integration with standard enterprise reporting toolslike Tableau, Qlik, etc. In addition, all cluster expansions, contractions, software upgrades, etc. are done via UI or API and can be run with NO downtime or interruptionsto ongoing operations
• Simple to Manage: Unlike othersolutions, Cohesity Data Cloud allows IT admins to control all their Cohesity instances located on-premises, in the Cloud, Cohesity-managed (SaaS), or edge all from a single dashboard, including multi-tenancy. ML-based SmartAssist* gives critical global operational data, across all instances, so you can then take action/automate responses to address. This ML engine gives administratorsintelligence about all Cohesity environmentsto enable informed management decisions that ensure you meet business SLAs.

Cohesity Data Cloud Summary:
• Cohesity Data Cloud is a software-defined solution delivered as a customer-managed and/or SaaS offeringsto build a modern, unified global data management infrastructure that will o Accelerate Digital Transformation and Productivity
o Provide a unified, simple-to-deploy, operate, and manage a global infrastructure o Take advantage of ML/AI to gain security and operational insights, as well as maximize global resource utilization
• With Cohesity Data Cloud you can effectivelymeet current objectives as well as plan forfuture requirements, and ensure continuity with
o Extensive data and platform protections leveraging ML/AI o Automation/Integrations to ecosystem partners preserve and extend existing investments o Proactive protection and platform wellness through self-monitoring and healing • And finally, you will be able to –
o Eliminate data and application sprawl dramatically lowering TCO, while gaining valuable insights into their previously untapped backup data, accelerating critical business decision-making One Platform. Limitless Potential. Choice – Cohesity Data Cloud - The Industry’s First Comprehensive Multi-Cloud Platform for Data Management Services.

6.4 Attachment 3 - Roundstone Proposal
114
ROUNDSTONE SOLUTIONS INC.

PPROPOSAL TO THE CITY OF FOSTER CITY
PRICING FOR DATA BACKUP SYSTEM-COHESITY-36 MONTHS
Roundstone and our partner Cohesity are pleased to provide updated pricing to the City of Foster City:

PRODUCTS: (1) Cohesity C5016-10G-SFP-4-2 4-node hardware block; (4) Intel Xeon CPUs (2.1 GHz, 12 cores each)
48TB HDD

6.4TB SSD
(8) Cohesity ADDP-SFP-10G-SR-2 SFP+ adapters
(8) Cohesity CBL-10G-LC-010-2 10m optical cables
(1) CS-P-C5016-10G-SFP-4-2 Premium support
(15TB) Cohesity SAAS-FORTKNOX-H-AWS-2 Secure and
immutable Cohesity managed Cloud archival delivered
as a service
(10TB) Cohesity SVC-DATAPROTECT-2 DataProtect
subscription (1TB)
LOCATION: Foster City, CA
DELIVERY: 3-4 weeks after receipt of signed order
IF PURCHASED UPFRONT: 36 MONTHS
HARDWARE COST: $23,164
HARDWARE SUPPORT: $ 7,420
SOFTWARE LICENSING: $39,396
SUBTOTAL: $69,980
SALES TAX: $ 2,172
GRAND TOTAL: $72,152
4TH YEAR FIXED RENEWAL: $16,300 (due at beginning of Year 4) 5TH YEAR FIXED RENEWAL: $16,300 (due at beginning of Year 5) NOTES:

1. Taxes are owed on hardware only. Software is all downloadable and nontaxable. We have identified the taxes owed, based on Foster City’s sales tax rate of 9.375%.

2. Installation is not included in the pricing above.

3. Cohesity Premium hardware support is what we’ve proposed, and it’s 24/7hours, 365 days.

4. All products are provided from Cohesity through Roundstone’s authorized Partner agreement.

5. Support for all Cohesity products is provided directly from Cohesity.

6. Pricing is valid for 90 days from the date of this proposal.

6.4 Attachment 3 - Roundstone Proposal
115
DATE: December 2, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Derek Schweigart, Parks and Recreation Director
Tiffany Oren, Recreation Manager
SUBJECT: AUTHORIZING ISSUANCE OF A REQUEST FOR PROPOSALS

FOR KITEBOARD LESSONS, RETAIL, RENTAL AND
DEMONSTRATIONS AT BAYWINDS PARK FROM MARCH 1, 2025,
THROUGH DECEMBER 31, 2027 WITH OPTIONAL EXTENSIONS
THROUGH DECEMBER 31, 2029

RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution authorizing the issuance of a Request for Proposal (RFP) for Kiteboard Lessons, Retail, Rental, and Demonstrations at Baywinds Park from March 1, 2025, through December 31, 2027 with optional extensions through December 31, 2029.

EXECUTIVE SUMMARY
For over twenty years, Foster City has offered a windsurfing and kiteboarding concession at East Third Avenue, providing lessons, retail, rentals, and demonstrations for both experienced and novice participants at this popular destination. On June 15, 2020, Wind Over Water LLC and the Kite School were approved for concession agreements with the City for a two-year term ending on December 31, 2022, with optional extensions through December 31, 2024.

With the current agreement’s extension terms expiring, staff is seeking authorization to issue a new RFP to continue providing these services at Baywinds Park.

6.5 6.5 Staff Report
116

BACKGROUND / ANALYSIS
The Foster City Parks and Recreation Department has offered windsurfing and kiteboarding concession at East Third Avenue for over twenty years to provide lessons, retail, rental and demonstrations for both experienced and inexperienced participants at this popular kiteboarding destination. The Bay region adjacent to Baywinds Park is well-known as a premier location among the kiteboarding community offering optimal wind conditions necessary for the sport.

On September 30, 2019, the City Council authorized, and on October 1, 2019, the City issued an RFP for a concession to provide kiteboarding services at Baywinds Park.

Two (2) proposals were received by the due date of October 17, 2019, from the current concessionaire, Wind Over Water, and from The Kite School. Both proposers agreed to all of the contract terms in the RFP. At its meeting on December 16, 2019, the City Council received several public comments in favor of awarding the concession to both vendors rather than awarding an exclusive agreement to one vendor. On June 20, 2020, the City Council authorized the award of concession agreements to The Kite School and Wind Over Water through December 31, 2022 with optional extensions through December 31, 2024.

Currently, the City imposes a $1,000 annual concession fee and a $500 monthly fee for the use of City park property to the vendors to reimburse the City for its actual and reasonable costs to manage the agreements. San Mateo County Office of the Assessor provided a ballpark estimate for the value of the land at Baywinds Park and indicated that the land would be valued at less than $100 per square foot. Using a conservative estimate of $50 per square foot, the value of the space each concessionaire occupies is approximately $38,100, which would translate to a monthly fee of $3,175. The City’s current approach is to keep the costs at a manageable rate to attract and retain prospective vendors.

The Parks and Recreation Department is committed to maximizing access to the park system through a variety of services and activities. Concession agreements enhance these offerings by enabling private and non-profit agencies to provide amenities on City property that the Parks and Recreation Department cannot directly offer. Additionally, fees charged for the right to conduct business on City park property reimburses the City for its actual and reasonable costs to manage the Concession agreements. These agreements are time-limited, allowing both the City and the concessionaire to evaluate the service and its terms, while also providing opportunities for other organizations to be considered for providing the service.

The Kiteboarding "season" is typically from March through October, so it would be ideal to enter into an agreement as soon as reasonably possible to allow the concessionaire(s) to take advantage of the full season.

6.5 6.5 Staff Report
117
Timeline:
• December 2, 2024: City Council Approves RFP
• December 9, 2024: City Issues RFP
• January 2, 2025: Responses Due
• January 20, 2025: City Council Awards Concession
• March 1, 2025: Commence Concession

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Not Applicable

FISCAL IMPACT
There is no significant cost to issue the Request for Proposals. The fiscal impact of the agreement will be discussed in the staff report that accompanies the concession agreement award.

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

Attachment 1 – Resolution
Attachment 2 – Request for Proposals

6.5 6.5 Staff Report
118
RESOLUTION NO.

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

AUTHORIZING ISSUANCE OF A REQUEST FOR PROPOSALS FOR KITEBOARD

LESSONS, RETAIL, RENTAL AND DEMONSTRATIONS AT BAYWINDS PARK FROM MARCH 1, 2025 THROUGH DECEMBER 31, 2027 WITH OPTIONAL EXTENSIONS THROUGH DECEMBER 31, 2029

CITY OF FOSTER CITY
WHEREAS, Foster City has offered windsurfing and kiteboarding concessions at East Third Avenue for the purpose of providing lessons, retail, rental and demonstrations for both experienced and inexperienced participants for over twenty years; and WHEREAS, concession agreements are time limited to give both the City and the concessionaire the opportunity to evaluate the service and its terms and to provide an opportunity for other organizations to be considered to provide the service; and WHEREAS, the current concession agreements with Wind Over Water LLC and the Kite School expire on December 31, 2024; and
WHEREAS, issuing an RFP that permits multiple vendors at the site offers the flexibility to award the concession in a way that optimally utilizes the space and provides the best service to the community.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the issuance of a Request for Proposals for Kiteboard Lessons, Retail, Rental And Demonstrations at Baywinds Park from March 1, 2025 through December 31, 2027 with optional extensions through December 31, 2029.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 2nd day of December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.5 Attachment 1 - Resolution
119
Parks and Recreation Department
650 Shell Boulevard
Foster City, CA 94404
December 9, 2024
SUBJECT: Request for Proposals - KITEBOARD LESSONS, RETAIL, RENTAL AND DEMONSTRATIONS AT

BAYWINDS PARK
Dear Contractor,
You are invited to submit a proposal to provide Kiteboard Lessons, Retail, Rental and Demonstrations at Baywinds Park, Foster City, as outlined and delineated on the enclosed Scope of Services. Proposals are due to the Foster City Recreation, 610 Foster City Boulevard, Foster City, CA 94404 or electronically to [email protected], before 4:00 PM on Thursday, January 2, 2025.

CONTRACT
The concession agreement grants the right to use the Baywinds Park premises for Kiteboard Lessons, Retail, Rental and Demonstrations for the general public during the contract term. This is a non-exclusive agreement and this right may be granted to multiple concessionaires during the contract term. The proposed contract period shall be from March 1, 2025 through December 31, 2027 with optional one-year extensions through December 31, 2029.

Successful proposer(s) will be required to enter and abide by the terms of the City's Concession Agreement to provide Kiteboard Lessons, Retail, Rental and Demonstrations including all insurance requirements. A draft of this Concession Agreement is included as an attachment to the Request for Proposals.

PROPOSALS
Each proposer must submit two (2) hard copies of the completed Proposer Response Form or electronically to [email protected]. Proposers may choose to but are not required to submit an additional cover letter of up to one page with supplemental information relevant to their proposal.

Award of contract will be considered by the City Council at a meeting tentatively scheduled for January 20, 2025, but the concessionaire may not begin services until the agreement has been executed. Complete

6.5 Attachment 2 - Request for Proposals
120
required insurance documentation and all signatures are required before contract execution will be completed. Selected concessionaire(s) must be prepared to execute an Agreement within ten (10) days of award of the contract.

PROPOSAL EVALUATION
Financial terms alone will not be the sole determining factor in the selection of the concessionaire. At a minimum, the City will consider the experience, qualifications, reputation, service capabilities and quality of the proposers and their listed staff based upon the information provided on the proposal forms and references and may conduct interviews with the proposers to provide an opportunity for proposers to demonstrate their qualifications for the proposed services. From these processes, the City will select one or more concessionaires and negotiate final terms. The terms in the Request for Proposals, with modifications based on Proposer's submittal, will be incorporated into the exhibits of the final agreement with the successful proposer.

REQUESTS FOR ADDITIONAL INFORMATION
The City reserves the right to seek clarification or additional information from any proposer throughout the solicitation process. The City may require a proposer's representative to answer questions during the evaluation process with regard to the proposal. Failure of a proposer to demonstrate that the claims made in its proposal are accurate may be sufficient cause for deeming a proposal non-responsive.

Sincerely,
Tiffany Oren
Recreation Manager
Enclosures:
(1) Request for Proposals
(2) Concession Agreement for Kiteboard Lessons, Retail, Rental and Demonstrations (draft) (3) Proposer Response Form

6.5 Attachment 2 - Request for Proposals
121

COUNTY OF SAN MATEO, CALIFORNIA

PARKS AND RECREATION DEPARTMENT
Request for Proposals:

KITEBOARD LESSONS, RETAIL, RENTAL AND DEMONSTRATIONS AT BAYWINDS PARK Proposals Due:

January 2, 2025 before 4:00 PM
610 Foster City Boulevard, Foster City, CA 94404
or email: [email protected]

6.5 Attachment 2 - Request for Proposals
122

CITY OF FOSTER CITY

REQUEST FOR PROPOSALS

KITEBOARD LESSONS, RETAIL, RENTAL AND DEMONSTRATIONS AT

BAYWINDS PARK
The concession agreement grants the right to use the Baywinds Park premises for the purpose of kiteboard lessons, retail, rental and demonstrations during the contract term.

This non-exclusive right may be granted to multiple concessionaires during the contract term. CONCESSIONAIRE shall provide materials and staff to provide the service and shall pay to CITY an annual concession fee and monthly use fee.

1. Scope of Deliverables:
a. Location and Equipment. CONCESSIONAIRE shall operate a concession at the area, Baywinds Park Windsurf/Kiteboard area, (the "premises") designated.

CONCESSIONAIRE shall provide all materials and equipment necessary to operate the concession at the premises.

2. Scope of Services:
a. Purpose; Days and Hours; Operation. The premises shall be used by CONCESSIONAIRE only for the purpose of kiteboard lessons, retail, and rental, as well as instructional clinics and equipment demonstrations to the general public.

The concession shall be operated March 15 through October 15, averaging 6 days/week, from 1:00 PM to 7:00 PM, weather permitting, and at CONCESSIONAIRE's election on all other days and by appointment.

CONCESSIONAIRE may close operations during adverse weather or other adverse operating conditions. CONCESSIONAIRE will vacate the premises when requested by the CITY/DISTRICT for major events or for required maintenance as determined by the CITY/DISTRICT.

CONCESSIONAIRE expressly agrees at all times during the term of this Agreement, at its own cost and expense, to maintain and operate the concession in a clean, safe, wholesome and sanitary condition, free of trash, garbage or obstruction of any kind and in compliance with any and all present and future laws, general rules or regulations of any governmental authority now or at any time during the term of this Agreement in force relating to public health, safety or welfare. CONCESSIONAIRE shall comply with all laws, rules and regulations applicable thereto, adopted by federal, state or other governmental bodies or departments of officers thereof, and this Agreement is expressly subject to present and future regulations and policies of the CITY/DISTRICT. CONCESSIONAIRE shall remedy without delay any defective or dangerous conditions. No alcoholic beverage (including beer and wine) or goods, merchandise or material that are in any way explosive or hazardous shall be sold, kept or stored on the premises. No offensive or dangerous activity shall be carried on or permitted on the premises. 2 6.5
Attachment 2 - Request for Proposals
123
b. Promotional Materials. CONCESSIONAIRE shall supply CITY/DISTRICT with copies of all promotional materials at least ten days prior to use thereof for its reasonable approval.
c. Parking. CONCESSIONAIRE shall park vehicles in areas designated by the CITY/DISTRICT. Employees and customers shall be directed by CONCESSIONAIRE to park in designated legal parking spaces. All regulations governing controlled parking spaces and fire lanes shall be observed. d. Taxes. CONCESSIONAIRE shall pay when due all taxes levied on personal property on the premises and shall pay any possessory interest tax that may be levied in connection with use of the premises, CONCESSIONAIRE agreeing to indemnify and save CITY/DISTRICT harmless from all such taxes. e. Condition of Premises. CONCESSIONAIRE agrees to accept the premises and any improvements thereon in the existing condition, "as-is." CITY/DISTRICT shall not be obligated to make any alterations, additions, improvements or repairs to the premises.
f. Personnel. CONCESSIONAIRE shall keep the CITY/DISTRICT advised, in writing, of the names, mailing addresses, and phone numbers of all of its employees and/or volunteers engaged in operating the concession at the premises. All employees shall be at least 16 years of age and fully trained and qualified to perform duties assigned to them. Volunteers who are age 15 and under shall be accompanied by an adult while on the premises. Employees and/or volunteers shall be recognizable as employees/volunteers of the concession.
g. Quality of Service; Rates and Charges. CONCESSIONAIRE agrees that it will maintain a high standard of service. Products sold and service rendered shall be of good quality and that the service shall be prompt, clean, courteous and efficient. h. Park Inspection and Maintenance. CITY/DISTRICT reserves the right of entry upon the premises at all reasonable times for inspection purposes and to do any and all work of any nature necessary for maintenance and operation of park in which the premises are located. CONCESSIONAIRE shall be given reasonable notice when any such work may become necessary and will adjust concession operations in such a manner that CITY/DISTRICT may proceed expeditiously. CITY/DISTRICT shall coordinate with CONCESSIONAIRE in an attempt to cause a minimum of interference with CONCESSIONAIRE's activities.

3. Project Schedule
a. Term. The initial term of the Agreement shall commence March 1, 2025 and expire on December 31, 2027.
3 6.5
Attachment 2 - Request for Proposals
124
b. Term Extensions. The contract term may be renewed at the CITY's sole option for up to two (2) one-year (12 months) increments. Within six (6) months of the expiration of the current term of the agreement, but not less than two (2) months before the expiration, CITY may exercise its option to extend the term, should an option remain, by notifying the CONCESSIONAIRE in writing.

4. Fees and Payments
a. Concession Fee. CONCESSIONAIRE shall pay the CITY/DISTRICT, without demand, the agreed upon concession fee prior to the start of each annual season and before trailer placement.
b. Monthly Fee. CONCESSIONAIRE shall pay the CITY/DISTRICT the agreed upon monthly fee during the windsurf/kiteboard season from March through October.

The monthly fee is due to the Recreation Manager by the 15th of each month. c. Records; Inspection. CONCESSIONAIRE shall keep true and complete books and records showing all of concession business transactions separately from any other business of CONCESSIONAIRE, in a manner reasonably acceptable to the CITY/DISTRICT. CONCESSIONAIRE shall preserve all such records for at least three years following the date of the last transaction recorded therein.

CITY/DISTRICT shall have the right through its representatives, at all reasonable times, to inspect such books and records, including State of California Sales Tax and Federal Income Tax return. CITY/DISTRICT shall also have the right to examine all books and records at any time during the one-year period following the termination of this Agreement. CONCESSIONAIRE agrees that as part of his record keeping activity he shall:
(a} Record all purchases on the register showing a digital read-out of the total sale amount to the customer at the time of the sales transaction. (b} Supply detail register tapes of daily sales transactions upon request for review at any time.
(c} Utilize a separate deposit bank account for all receipts from the premises prior to transfer thereof to any other depository.
d. Project Payment Schedule.
(a} CONCESSIONAIRE shall annually on December 1
st pay the CITY, without
demand, a concession fee prior to the state of the new Kiteboarding Season. (b} By the 15th of each month, CONCESSIONAIRE shall pay the CITY, without demand, a monthly use fee for each prior calendar month.

5. Other Terms and Conditions
a. Agreement. The Concession Agreement will be entered within ten days following notification of such award (via City Clerk's office).
4 6.5
Attachment 2 - Request for Proposals
125
b. Business License. A current business license is required to operate a concession in the City of Foster City.
c. Signs. CITY/DISTRICT reserves the right to approve or deny all signs proposed to be placed on the premises. All signs must comply with City's sign ordinance (FCMC 17.59.010 et seq.). Signs that are prohibited in FCMC 17.59.070 shall not be erected.
d. Onsite Storage. One trailer location for onsite storage has been approved by the City. Advance notice to the Recreation Manager by March 1 each year is required in order to go through the lnterDepartmental Evaluation Committee (IDEC) process to have any new location approved. Trailers may be in place from March 1 each year to October 31. Any graffiti that occurs during the time the trailer is on site must be removed within 48 hours.
e. Demonstrations and Events. Demonstrations and events may be coordinated at the premises on the condition that they do not interfere with concession operations and that they are arranged no less than seven business days in advance with the Parks and Recreation Department. The permit fee for a demonstration or event is $200 per day. CONCESSIONAIRE may coordinate a demonstration with an existing concessionaire under the concessionaire's liability insurance, which requires the concessionaire to complete an Agreement for Recreation Services, Park Permit Application, and payment. Those not coordinating a demonstration through an existing concessionaire must contact the Parks and Recreation Department for: Agreement for Recreation Services; Park Permit Application; proper liability insurance coverage requirements; and payment.

Attachments:
• Exhibit A - Draft Concession Agreement For Kiteboard Lessons, Retail, Rental And Demonstrations
5 6.5
Attachment 2 - Request for Proposals
126

CONCESSIONS AGREEMENT
FOR

KITEBOARD LESSONS, RETAIL, RENTAL AND DEMONSTRATIONS

AT BAYWINDS PARK
This Agreement is made and entered into as of the day of , 2025 by and between the City of Foster City hereinafter called "CITY" and hereinafter called "CONCESSIONAIRE".

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

A. That CONCESSIONAIRE engaged CITY for authorization to operate a concession at Baywinds Park Avenue;
B. That CONCESSIONAIRE is qualified to operate the concession; C. That the CITY and CONCESSIONAIRE wish to enter into an agreement upon the terms and conditions as hereinafter set forth.

1. Services. The services to be performed by CONCESSIONAIRE 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 CONCESSIONAIRE 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.

3. Compensation; Expenses; Payment. CONCESSIONAIRE shall compensate CITY in an amount fully described in Exhibit B attached hereto and by this reference incorporated herein.

4. Records. CONCESSIONAIRE shall keep and maintain accurate records of its gross receipts. Said records shall be available to CITY for review and copying during regular business hours at CONCESSIONAIRE's place of business or as otherwise agreed upon by the parties.

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

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

7. Schedule. CONCESSIONAIRE shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions or deviations from the schedule as needed to account for unavoidable circumstances; provided, however, that CONCESSIONAIRE obtains authorization from the CITY.

8. Indemnity. To the fullest extent allowed by law, CONCESSIONAIRE 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 CONCESSIONAIRE, its officers, employees, subcontractors or agents in the performance of any services or work pursuant to this Agreement.

The duty of CONCESSIONAIRE to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONCESSIONAIRE 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.

6.5 Attachment 2 - Request for Proposals
128
3 CONCESSIONAIRE'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.

9. Insurance. CONCESSIONAIRE shall acquire and maintain Workers' Compensation, employer's liability, commercial general liability, owned and non-owned and hired automobile liability insurance coverage relating to CONCESSIONAIRE'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
Workers' Compensation
Employer's Liability
Commercial General Liability
Automobile Liability
Minimum Limits
statutory minimum
$2,000,000 per accident for bodily injury
or disease
$2,000,000 per occurrence and
$4,000,000 aggregate for bodily injury,
personal injury and property damage
$2,000,000 per accident for bodily injury
and property damage (coverage required
to the extent applicable to
CONCESSIONAIRE'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 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.

CONCESSIONAIRE 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

6.5 Attachment 2 - Request for Proposals
129
4 CONCESSIONAIRE shall agree to be bound to CONCESSIONAIRE and CITY in the same manner and to the same extent as CONCESSIONAIRE 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.

CONCESSIONAIRE 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, CONCESSIONAIRE 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, CONCESSIONAIRE 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
CONCESSIONAIRE's insurance policy shall be primary and noncontributory 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 CONCESSIONAIRE's insurance and not contributory with it.

CONCESSIONAIRE and its insurer may not seek contribution from CITY's insurance or self-insurance.

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.

6.5 Attachment 2 - Request for Proposals
130
5 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 CONCESSIONAIRE/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 CONCESSIONAIRE and CITY in the same manner and to the same extent as
CONCESSIONAIRE 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.

CONCESSIONAIRE 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 CONCESSIONAIRE 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 CONCESSIONAIRE.

10. WORKERS' COMPENSATION. CONCESSIONAIRE 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 CONCESSIONAIRE certifies that it will comply with such provisions before commencing the performance of the work of this agreement.

11. NON-DISCRIMINATION. The CONCESSIONAIRE will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONCESSIONAIRE will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONCESSIONAIRE shall at all times be in compliance with the

6.5 Attachment 2 - Request for Proposals
131
6 requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The CONCESSIONAIRE 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.

12. Notice. All notices required by this Agreement shall be given to the CITY and CONCESSIONAIRE 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: Tiffany Oren, Recreation Manager
CONCESSIONAIRE:

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

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

15. 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.

16. 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.

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

Name
Address
City, State, Zip
Attention:

Email Address:

6.5 Attachment 2 - Request for Proposals
132
7 18. Entire Agreement. This Agreement, including Exhibits A, B C, D, and E, comprises the entire Agreement.

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

CITY OF FOSTER CITY
Dated:
___________________, Mayor
ATTEST:

Dated:

Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONCESSIONAIRE
Dated:

Type Name & Title of CONCESSIONAIRE
Authorized to Sign

6.5 Attachment 2 - Request for Proposals
133
8 EXHIBIT A
SCOPE OF WORK and SCHEDULE
FOR

KITEBOARD LESSONS, RETAIL, RENTAL AND DEMONSTRATIONS AT

BAYWINDS PARK
Scope of Deliverables:

Scope of Services:

Project Schedule:

6.5 Attachment 2 - Request for Proposals
134
9 EXHIBIT B
CONCESSIONAIRE'S FEES and PAYMENT MILESTONES
Summary:

Project Payment Schedule:

6.5 Attachment 2 - Request for Proposals
135
10 EXHIBIT C
ADDITIONAL TERMS and CONDITIONS

6.5 Attachment 2 - Request for Proposals
136

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.

D 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}
D 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.

D Other:

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

D 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:

I
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:

6.5 Attachment 2 - Request for Proposals
137
Exhibit E
SPECIAL TERMS and CONDITIONS

6.5 Attachment 2 - Request for Proposals
138

CITY OF FOSTER CITY

PROPOSER RESPONSE FORM

KITEBOARD LESSONS, RETAIL, RENTAL AND DEMONSTRATIONS AT BAYWINDS PARK SECTION 1: Contact Information
Organization Name:

Contact Name:

Address:

Phone#:

EmaiI:

SECTION 2: Addenda
I acknowledge receipt of the following addenda:

Addenda Number Date
SECTION 3: Qualifications
Type of Service Describe the Experience and Qualifications of the Organization and its Staff I Include number of years, type of experience and certifications and licenses Kiteboard
Lessons
Retail
Operations
Equipment
Rental
Kiteboard
Demonstrations

6.5 Attachment 2 - Request for Proposals
139
Description of Team to Provide Kiteboard Concession Oversight Name Title/Role with Organization
Proposed Role with Kiteboard
Concession Operation
What sets your organization apart and what do you bring to the concession? How do your reputation, service capabilities and quality make you a good fit for the needs of the Kiteboarding community in Foster City?
How do you plan to integrate the Kiteboard concession into the fabric of Foster City? SECTION 4: Conflict of Interest
□ By checking this box, we confirm that this engagement will not result in a conflict of interest for the organization or any of the team members.

6.5 Attachment 2 - Request for Proposals
140
SECTION 5: Proposal
The Request for Proposals outlines proposed terms for the concession agreement. Please enumerate exceptions to or alternative terms that you would propose:

Section Accept
RFP
Exceptions or Proposal Alternative Terms
(add sheets if needed)
la: Location and Equipment □
2a: Purpose, Days and Hours,
Operation
□
2b: Promotional Materials □
2c: Parking □
2d:Taxes
2e: Condition of Premises □
2f: Personnel □
2g: Quality of Service, Rates
and Charges
□
2h: Park Inspection and
Maintenance
□
3a: Term □
3b: Term Extensions □
4a: Concession Fee Insert
amount not
less than
$1000
If this box is blank, the proposal will be
considered incomplete.
4b: Monthly Fee
Insert
amount not
less than
$500
If this box is blank, the proposal will be
considered incomplete.
4c: Records; Inspection □
4d: Project Payment Schedule □
Sa: Agreement □
Sb: Business License □

6.5 Attachment 2 - Request for Proposals
141
Section Accept
RFP
Exceptions or Proposal Alternative Terms
(add sheets if needed)
Sc: Signs □
Sd: Onsite Storage □
Se: Demonstrations and Events □
Exhibit A: Draft Concession
Agreement
□
□
Check this box to indicate your
understanding that contracts
may be made with multiple
concessionaires for this service
If this box
is not
checked,
the
proposal
will be
considered
incomplete
Please list other Proposed
Terms not contained in RFP, if
any (optional)
SECTION 6: Submittal guidelines
Submit two (2) hard copies of this proposal form and optional one-page cover letter by 4 PM on Thursday, January 2, 2025 to:

Recreation Center
Attn: Tiffany Oren
610 Foster City Bvd
Foster City, CA 94404
Late proposals will not be considered.

By signing below I attest that the information contained in this proposal is true and correct.

SIGNATURE OF CONCESSIONAIRE AUTHORIZED TO SIGN AGREEMENTS DATE

PRINT NAME AND TITLE

6.5 Attachment 2 - Request for Proposals
142
DATE: December 2, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Sofia Mangalam, Community Development Director
Vanessa Brannon, Senior Management Analyst
DEPARTMENT: Community Development
SUBJECT: APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES IN AN AMOUNT NOT TO EXCEED $280,812 WITH RINCON
CONSULTANTS INC. FOR AN AMENDMENT TO THE CITY OF
FOSTER CITY’S GENERAL PLAN PARKS AND OPEN SPACE

AND CONSERVATION ELEMENTS AND APPROVE A

SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF
$280,812 IN ACCOUNT 128-0838-419-4251

RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution authorizing the Mayor to execute an agreement with Rincon Consultants, Inc. in an amount not-to-exceed $280,812 for an amendment to the Foster City’s General Plan Parks and Open Space Element and Conservation Element and approve a supplemental appropriation in the amount of $280,812 in account number 128-0838-419-4251.

EXECUTIVE SUMMARY
During the 2021-2022 legislative session, Senate Bill (SB) 1425 was enacted, requiring an update to the Open Space Element of the General Plan by January 1, 2026. This update must address expanded requirements, including integrating climate resilience

6.6 6.6 Staff Report
143
strategies in coordination with the Safety Element. The legislation also emphasizes "rewilding opportunities," focusing on creating and preserving open space networks for biological and recreational purposes.

Additionally, Assembly Bill (AB) 1889, signed into law on September 10, 2024, introduces new requirements for the Conservation Element. It mandates consideration of the effects of development on wildlife movement and habitat connectivity. For updates to any General Plan element on or after January 1, 2028, the Conservation Element must identify and analyze connectivity areas, natural landscapes, and wildlife passage features.

The City Council approved the issuance of Request For Proposals (RFP) at its October 7, 2024, meeting for an Amendment to the Foster City General Plan Parks and Open Space Element and the General Plan Conservation Element. An RFP was issued on October 8, 2024 with a due date of November 8, 2024. Staff received three (3) proposals from Michael Baker International, Urban Planning Partners, and Rincon Consultants, Inc., respectively. Staff reviewed the proposals and acknowledged that all the firms were qualified. However, after a thorough evaluation as further detailed in the analysis section of the staff report, staff recommends that the City Council execute an agreement with Rincon Consultants in an amount not to exceed $280,812. Fund 128, the "General Plan Maintenance Fund" has sufficient fund balance to absorb this contract amount. The project will take approximately one year and is expected to be completed by December 2025.

BACKGROUND
California law requires that General Plans be updated "periodically." However, aside from the Housing Element, which must be updated every eight years, there is no specific timeline for regular updates of other elements. The State Office of Planning and Research (OPR) recommends a comprehensive update to a general plan every 10 to 15 years to reflect changes in community values, economic conditions, and emerging issues or challenges. Foster City recently updated its Safety Element in August 2023 and its Housing Element (2023-2031) in March 2024.

Foster City’s General Plan serves as the City’s blueprint for development and sustainability. It comprises eight (8) elements, some mandated by state law, while others are optional. These elements are periodically updated to reflect changing priorities and community needs. Under California law, Government Code Section 65300 requires every city and county to prepare and adopt a comprehensive, long-term general plan to guide the physical development of their jurisdiction. The general plan acts as a blueprint for growth and reflects the community's vision for its future.

The OPR provides guidelines to ensure that general plans meet the statutory requirements. According to the OPR:

6.6 6.6 Staff Report
144
"While a general plan will contain the community vision for future growth, California law also requires each plan to address the mandated elements listed in Government Code section 65302. The mandatory elements for all jurisdictions are land use, circulation, housing, conservation, open space, noise, and safety. Cities and counties in the San Joaquin Air Pollution Control District must also address air quality in their general plans. Cities and counties that have identified disadvantaged communities must also address environmental justice in their general plans, including air quality. The purpose of the following sections is to outline the content of each element as required by statute." (source: Office of Planning and Research)
Foster City General Plan Elements
• Land Use and Circulation Element (Amended 2013)
• Housing Element (Adopted 2024)
• Parks, Open Space, and Conservation Element (Adopted 2009) • Noise Element (Adopted 1993)
• Safety Element (Adopted 2023)
• Conservation Element (Adopted 2003; Adopted as a Separate Element in 2009) • Parks and Open Space Element (Adopted 2009)
Parks and Open Space Element
The Parks and Open Space Element, adopted in September 2009, integrates the preservation of parklands and open spaces in the City. The Parks and Open Space sections were combined, given the significant role parklands play in Foster City.

Key Definitions:
• Parks: Improved landscapes featuring recreational amenities such as playgrounds, courts, and sports fields
• Open Spaces: Typically undeveloped areas preserved for recreation or scenic purposes
• Conservation Areas: Designated for the protection of natural resources, such as wildlife or sensitive ecosystems
While some areas serve both recreational and conservation purposes, their distinctions are based on primary objectives. For example, a waterfront open space may offer scenic value, while a conservation area nearby might focus on protecting endangered species.

Primary Objectives of the Current Parks and Open Space Element:
• Preserve and Improve Quality of Life:

6.6 6.6 Staff Report
145
o Maintain and enhance existing parks and open spaces for the community’s long-term benefit.
• Ensure Appropriate Development of Undeveloped Properties:
o Uphold standards that integrate environmental, recreational, and open space considerations as the City approaches build-out.
• Facilitate Thoughtful Redevelopment of Underutilized Areas:
o Implement mitigation measures to protect environmental resources during redevelopment.

Conservation Element
Initially part of the Parks, Open Space, and Conservation Element, the Conservation Element was originally adopted in May 2003 and was reprinted as a standalone element in September 2009. This element focuses on preserving Foster City’s natural resources, including air, water, and energy, for future generations.

Key Focus Areas of the Conservation Element:
• Human Life-Sustaining Resources: Preservation of clean air, water, and sustainable energy sources.
• Wildlife Habitat: Protection of areas that support wildlife, such as bird feeding and resting grounds.
• Recycling of Renewable Resources: Encouraging the recycling of materials like aluminum, glass, paper, and plastics.
• Recent state legislation, SB 1425 and AB 1889, mandates significant updates to Foster City's Open Space and Conservation Elements of the General Plan. These updates will align with state requirements and ensure the City addresses emerging priorities related to equity, climate resilience, habitat connectivity, and sustainable development.

SB 1425 requires all cities and counties to review and update their Open Space Elements by January 1, 2026. This update must include plans and an action program addressing key issues such as equitable access to open space, rewilding opportunities, climate resilience, and other co-benefits of open space while ensuring alignment with related elements, including the Safety Element and Environmental Justice policies. SB 1425 defines "rewilding opportunities" as efforts to preserve, enhance, and expand networks of open space to support habitat, recreation, natural resources, and water management, among other uses. The legislation also emphasizes the establishment of plans to coordinate mitigation of the environmental impacts of new development.

AB 1889, which goes into effect for updates made on or after January 1, 2028, requires cities and counties to address the impacts of development on wildlife movement and habitat connectivity within the Conservation Element. This includes identifying and analyzing wildlife passage features and ensuring that planned development does not

6.6 6.6 Staff Report
146
compromise these features. The Conservation Element must incorporate strategies to maintain or enhance habitat connectivity and mitigate the barriers caused by urban development.

Other jurisdictions have approached these general plan updates in various ways, with some integrating them into their Parks Master Plans. Foster City, however, has opted to manage these projects separately. On May 6, 2024, the City Council approved a consultant for the Parks Master Plan, and work is currently underway. Staff will ensure alignment between the Parks Master Plan and the updates to the Parks and Open Space Element, as components of the Parks Master Plan will inform the Parks and Open Space Element.

The Parks Master Plan and the Parks and Open Space Element are both long-term planning tools but differ in focus and function. The Parks Master Plan is a standalone document designed to guide specific projects, upgrades, and programming for parks and recreational facilities over a defined period. It is strategic and project-focused, providing actionable steps for funding and implementing park improvements.

In contrast, the Parks and Open Space Element is a policy-focused component of the City’s General Plan. It sets overarching goals, objectives, and policies for developing and managing parks and open spaces, integrating these considerations into the broader framework of land use planning. Together, these documents ensure that Foster City’s parks, open spaces, and recreational facilities are developed and managed strategically and aligned with long-term community goals.

Although SB 1425 and AB 1889 have different timelines, staff recommended combining efforts to update the Open Space and Conservation Elements. Integrating these updates will be more efficient and provide a holistic approach to fostering a sustainable, livable environment that benefits both the natural ecosystem and the community.

ANALYSIS
On October 7, 2024, the City Council approved issuing an RFP to engage consultants experienced in updating General Plan Elements. Proposals were due on November 8, 2024. The RFP was advertised in the following ways:
• Sent to eight (8) consulting firms via email – October 8, 2024; • Posted on the City’s RFP webpage – October 8, 2024; and The City received three (3) proposals from Michael Baker International, Urban Planning Partners, and Rincon Consultants, Inc.

Evaluation of RFP Responses
Staff evaluated proposals based on the following categories:

6.6 6.6 Staff Report
147
• Demonstrated Understanding of work
• Quality and Completeness of proposal
• Related and Recent experience
• Outreach and Community Engagement
• Expertise and Experience
• Ability to work within timeframe and budget
• Creativity in approach to work and deliverables
• Acceptance of City's Agreement
• References
• Addresses Each RFP Task
• Proposal Received on time
• Acknowledgment of the City’s Agreement for Professional Services Upon initial evaluation, staff noted that Rincon has worked on numerous Conservation and Open Space Elements for local jurisdictions, including the City of Pleasant Hill, the City of Petaluma, the Town of Los Gatos, the City of Port Hueneme, the City of Thousand Oaks, and the City of Alhambra. Staff then contacted Rincon to discuss their proposal further. Initially, Rincon’s cost proposal was high ($419,796.44); however, through negotiations, Rincon streamlined several tasks within the scope of work, significantly lowering their proposal cost to $280,812 (Attachment 3 for the revised proposal) and adjusting their timeline. It’s worth noting that Rincon’s team includes WRT Planning + Design, LLC (WRT), the City’s consultants for the Parks Master Plan. Having Rincon on board with WRT as the subcontractor will ensure alignment and reduce the potential for duplication of efforts. The total scoring and fee proposals for each proposal is listed below:

Michael Baker Rincon UPP
TOTAL SCORE 52 54 42
Fee proposal $272,945 $280,812 $417,745
Rincon brings extensive local experience developing Open Space and Conservation Element Amendments that comply with SB 1425 and AB 1889 requirements. They also have a strong presence in the County as the environmental consultant for San Mateo County's Regionally Integrated Climate Action Planning Support RICAPS program. In addition, staff also conducted reference checks for Rincon, and all the references verified Rincon’s ability to provide professional services.

Scope of Work
The required scope of work shall include but may not be limited to:

Task 1: Project Initiation and Project Management

6.6 6.6 Staff Report
148
Task 1.1 Project Timeline
Task 1.2 Kick-off meeting with Project Team and Project Goal and Content Framing
Task 1.3 Project Management, Meetings, Communication
Task 2: Community Outreach and Engagement
Task 2.1 Community Outreach and Engagement Plan
Task 2.2 Community Priorities Survey
Task 2.3 Engagement Events and Public Information
Task 2.3.1 Project Branding
Task 2.3.2 Website Content
Task 2.3.3 Intercept Events + Pop-Ups
Task 2.3.4 Engagement Toolkit
Task 2.3.5 Open Houses + Workshops
Task 2.3.6 Focus Group Meetings
Task 2.3.7 Citizen Advisory Committee Meetings
Task 2.3.8 City Council Meetings
Task 2.4 Engagement Results Summary
Task 3 Existing Condition Analysis
Task 3.1 Existing Plans, Regulations, Projects, Partnerships, and GIS Data Task 3.2 Community Assessment
Task 3.3 Parks and Recreation Needs Assessment and Inventory Task 3.4 Open Space Conservation Assessment
Task 4: Research and Analysis
Task 4.1 Goals, Issues, Policies, Priorities, and Recommendation Frameworks Task 4.3 Financial Evaluation and Prioritization
Task 5: Preparation and Adoption
Task 5.1 Administrative Drafts Elements
Task 5.2 Final Elements
Task 6: Environmental Review/CEQA
Task 6.1 AB 52/SB 18 Consultation
Task 6.2 Administrative Draft Initial Study
Task 6.3 Public Draft Initial Study
Task 6.4 Final Initial Study
For a detailed task description, please refer to Attachment 3.

CEQA
The approval of an agreement is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. 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

6.6 6.6 Staff Report
149
is not a “project” that may cause a direct or reasonably foreseeable indirect, physical change in the environment.

FISCAL IMPACT
Considering the proposed contract not-to-exceed amount of $280,812 was not included in the Fiscal Year 2024-2025 Budget, a supplemental appropriation for $280,812 is requested in account number 128-0838-419-425. Currently, Fund 128 has an available fund balance of approximately $2.2M, which is sufficient to absorb the requested appropriation.

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

Attachment 1 – Resolution
Attachment 2 – Agreement
Attachment 3 – Revised Rincon Consultants, Inc. Proposal

6.6 6.6 Staff Report
150
RESOLUTION NO.____________

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

APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES IN AN AMOUNT NOT TO EXCEED $280,812 WITH RINCON CONSULTANTS INC. FOR AN AMENDMENT OF THE CITY OF FOSTER CITY’S GENERAL PLAN PARKS AND OPEN

SPACE AND CONSERVATION ELEMENTS AND APPROVE A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $280,812 IN ACCOUNT NUMBER 128-0838- 419-4251

CITY OF FOSTER CITY
WHEREAS, California law requires General Plans to be periodically updated; and WHEREAS, during the 2021-2022 legislative session, Senate Bill (SB) 1425 was passed, requiring an update to the Open Space Element by January 1, 2026; and WHEREAS, the update must address expanded requirements, including integrating climate resilience strategies in coordination with the Safety Element and "rewilding opportunities," focusing on creating and preserving open space networks for biological and recreational purposes; and
WHEREAS, Assembly Bill (AB) 1889, signed into law on September 10, 2024, introduces new requirements for the Conservation Element; and WHEREAS, AB 1889, which goes into effect for updates made on or after January 1, 2028, requires cities and counties to address the impacts of development on wildlife movement and habitat connectivity within the Conservation Element; and WHEREAS, the City Council approved the issuance of Request for Proposals (RFP) at its October 7, 2024, meeting for an Amendment to the Foster City General Plan Parks and Open Space Element and the General Plan Conservation Element to meet the requirements of SB 1425 and AB 1889, respectively; and
WHEREAS, three (3) responses were received by the November 8, 2024, due date, including proposals from Michael Baker International, Urban Planning Partners, and Rincon Consultants, Inc.; and
WHEREAS, upon review of the proposals, the City staff found that all the firms were qualified and recommends the selection of Rincon Consultants, Inc. based on their familiarity with Open Space and Conservation Element Amendments, references, project approach, and alignment with the Parks Master Plan Project; and

6.6 Attachment 1 - Resolution
151
WHEREAS, a supplemental appropriation for $280,812 is requested in account number 128-0838-419-425; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the mayor to execute an Agreement for Professional Services in the amount of $280,812 with Rincon Consulting, Inc. for an Amendment of the City of Foster City’s General Plan Parks and Open Space and Conservation Elements and approve a supplemental appropriation of $280,812 in account number 128-0838-419- 4251.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 2nd day of December, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.6 Attachment 1 - Resolution
152
Amendment to Parks and Open Space Element and Conservation Element 1

PROFESSIONAL SERVICES AGREEMENT
FOR

AMENDMENT TO PARKS AND OPEN SPACE ELEMENT AND CONSERVATION

ELEMENT
This Agreement is made and entered into as of the 2nd day of December 2024 by and between the City of Foster City hereinafter called "CITY" and Rincon Consultants, Inc. hereinafter called "CONSULTANT".

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

WHEREAS, CITY desires to engage CONSULTANT to provide professional services in the CITY;
WHEREAS, CONSULTANT is qualified to provide such services to the CITY and; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:

TERMS AND CONDITIONS

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

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

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

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b)
Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or

6.6 Attachment 2 - Agreement
153
Amendment to Parks and Open Space Element and Conservation Element 2 part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

3. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder 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 two hundred eighty thousand eight hundred twelve dollars ($280,812).

Invoices for amounts in excess of two hundred eighty thousand eight hundred twelve dollars ($280,812) 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

6.6 Attachment 2 - Agreement
154
Amendment to Parks and Open Space Element and Conservation Element 3 Project, until CITY receives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

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

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

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

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

6.6 Attachment 2 - Agreement
155
Amendment to Parks and Open Space Element and Conservation Element 4 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.

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

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

CONSULTANT shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY’s responsibility.

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

6.6 Attachment 2 - Agreement
156
Amendment to Parks and Open Space Element and Conservation Element 5 CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.

11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions 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, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.

The duty of CONSULTANT to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONSULTANT to indemnify City of Foster City, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

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

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

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

6.6 Attachment 2 - Agreement
157
Amendment to Parks and Open Space Element and Conservation Element 6

12. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement.

CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY for such expense).

CONSULTANT shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service.

In the event CONSULTANT fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.

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

14. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

6.6 Attachment 2 - Agreement
158
Amendment to Parks and Open Space Element and Conservation Element 7

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Vanessa Brannon
CONSULTANT: Rincon Consultants, Inc.
4825 J Street Suite 200
Sacramento, California 95819
[email protected]
Attention: Della Acosta

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

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

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

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

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

6.6 Attachment 2 - Agreement
159
Amendment to Parks and Open Space Element and Conservation Element 8

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

22. Liability of CITY.

Except as provided in Exhibit A, Services to be Provided by CONSULTANT and Exhibit C, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,
Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

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

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

6.6 Attachment 2 - Agreement
160
Amendment to Parks and Open Space Element and Conservation Element 9

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

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

Force Majeure events include the following:

Any Force Majeure event with a duration in excess of 30 days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

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

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

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

Dated: ________________________________
Priscilla Schaus, City Clerk

6.6 Attachment 2 - Agreement
161
Amendment to Parks and Open Space Element and Conservation Element 10

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

Kimiko Lizardi, Principal

6.6 Attachment 2 - Agreement
162
Amendment to Parks and Open Space Element and Conservation Element 11

EXHIBIT A

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

DELIVERABLES FOR

AMENDMENT TO PARKS AND OPEN SPACE ELEMENT AND CONSERVATION

ELEMENT

SERVICES TO BE PROVIDED

6.6 Attachment 2 - Agreement
163
Amendment to Parks and Open Space Element and Conservation Element 12

6.6 Attachment 2 - Agreement
164
Amendment to Parks and Open Space Element and Conservation Element 13

6.6 Attachment 2 - Agreement
165
Amendment to Parks and Open Space Element and Conservation Element 14

6.6 Attachment 2 - Agreement
166
Amendment to Parks and Open Space Element and Conservation Element 15

6.6 Attachment 2 - Agreement
167
Amendment to Parks and Open Space Element and Conservation Element 16

6.6 Attachment 2 - Agreement
168
Amendment to Parks and Open Space Element and Conservation Element 17

6.6 Attachment 2 - Agreement
169
Amendment to Parks and Open Space Element and Conservation Element 18

6.6 Attachment 2 - Agreement
170
Amendment to Parks and Open Space Element and Conservation Element 19

6.6 Attachment 2 - Agreement
171
Amendment to Parks and Open Space Element and Conservation Element 20

6.6 Attachment 2 - Agreement
172
Amendment to Parks and Open Space Element and Conservation Element 21

6.6 Attachment 2 - Agreement
173
Amendment to Parks and Open Space Element and Conservation Element 22

6.6 Attachment 2 - Agreement
174
Amendment to Parks and Open Space Element and Conservation Element 23

6.6 Attachment 2 - Agreement
175
Amendment to Parks and Open Space Element and Conservation Element 24

PROJECTS AND SCHEDULE

6.6 Attachment 2 - Agreement
176
Amendment to Parks and Open Space Element and Conservation Element 25

END OF EXHIBIT A

6.6 Attachment 2 - Agreement
177
Amendment to Parks and Open Space Element and Conservation Element 26

EXHIBIT B

FEE SCHEDULE

6.6 Attachment 2 - Agreement
178
Amendment to Parks and Open Space Element and Conservation Element 27

6.6 Attachment 2 - Agreement
179
Amendment to Parks and Open Space Element and Conservation Element 28

6.6 Attachment 2 - Agreement
180
Amendment to Parks and Open Space Element and Conservation Element 29

6.6 Attachment 2 - Agreement
181
Amendment to Parks and Open Space Element and Conservation Element 30

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 December 2, 2024, by and between Rincon Consultants, Inc., 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 two million dollars ($2,000,000) each occurrence and five million dollars ($5,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.

6.6 Attachment 2 - Agreement
182
Amendment to Parks and Open Space Element and Conservation Element 31 ☒ 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. ☒ 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.

1.3 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

6.6 Attachment 2 - Agreement
183
Amendment to Parks and Open Space Element and Conservation Element 32 On Consultant's Commercial General Liability and Automobile policies, the City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.

3. Insurance terms and conditions:

3.1 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, nonrenewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

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.

6.6 Attachment 2 - Agreement
184
Amendment to Parks and Open Space Element and Conservation Element 33 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

6.6 Attachment 2 - Agreement
185
Amendment to Parks and Open Space Element and Conservation Element 34

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 (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: [Cyber Liability, Installation Floater, etc.]
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.

6.6 Attachment 2 - Agreement
186
Amendment to Parks and Open Space Element and Conservation Element 35 SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

6.6 Attachment 2 - Agreement
187
Amendment to Parks and Open Space Element and Conservation Element 36

EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between Foster City (“City”) and Rincon Consultants, Inc. (“Consultant”) dated December 2, 2024.

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

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

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

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

E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID19 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 COVID19 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.

6.6 Attachment 2 - Agreement
188
Amendment to Parks and Open Space Element and Conservation Element 37 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 COVID19 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]

6.6 Attachment 2 - Agreement
189
Amendment to Parks and Open Space Element and Conservation Element 38 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

6.6 Attachment 2 - Agreement
190
Oakland • November 18, 2024
City of Foster City

AMENDMENT OF SCOPE, FEE, AND SCHEDULE XXXXXXXXX
to Provide Amendment to Foster City’s General Plan Parks and Open Space Element and the General Plan Conservation Element

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 191

Rincon Consultants, Inc.
66 Franklin Street, Suite 300
Oakland, California 94607
510-834-4455
www.rinconconsultants.com
November 18, 2024
Vanessa Brannon - Senior Management Analyst
Community Development
City of Foster City
610 East Hillsdale Boulevard
Foster City, California 94404
Subject: Proposal for Amendment to Foster City's General Plan Parks and Open Space Element and the General Plan Conservation Element
Dear Vanessa:

We appreciate the City’s continued interest in our proposal and the potential opportunity to collaborate on this important project. In response to feedback, we have revised the project scope, timeline, and budget to better align with your goals and requirements.

To accommodate the City Council’s adoption timeline by the end of 2025, we have streamlined several aspects of the project. Specifically, we have adjusted Task 2.3 by refining the engagement effort, removed the intermediary policy framework development step under formerly Task 4.1, and assumed a common-sense exemption for the environmental review under Task 6.

Additionally, we have reduced the overall budget by further leveraging WRT’s work on the Parks Master Plan.

This includes reducing the number of engagement touchpoints while assuming greater overlap with the Parks Master Plan engagement process and implementing the same adjustments to Task 4.1 and Task 6 as mentioned above.

Should you have any further adjustments to the scope, timeline, or budget in mind, we are happy to discuss them to ensure the project meets the City’s needs. We sincerely thank you for your time and consideration of these revisions.

Sincerely,
Rincon Consultants, Inc.

Della Acosta | Project Manager
[email protected]
Contact for clarification
Kimiko Lizardi | Principal-in-Charge
[email protected]
Authorized to contractually obligate and negotiate on
behalf of Rincon

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 192
City of Foster City
Proposal for Amendment to Foster City's General Plan Parks and Open Space Element and the General Plan Conservation Element
2 This page intentionally left blank.

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 193
Table of Contents
Rincon Consultants, Inc. i
Table of Contents
1 Scope of Work .....................................................................................................................................................1 Task 1 Project Initiation and Project Management......................................................................................1 Task 2 Community Outreach and Engagement............................................................................................2 Task 3 Existing Conditions Analysis ..............................................................................................................7 Task 4 Research and Analysis.....................................................................................................................11 Task 5 Preparation and Adoption................................................................................................................11 Task 6 Environmental Review/CEQA ..........................................................................................................12 2 Schedule............................................................................................................................................................14 3 Cost Proposal ....................................................................................................................................................17

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 194
City of Foster City
Proposal for Amendment to Foster City's General Plan Parks and Open Space Element and the General Plan Conservation Element
ii
This page intentionally left blank.

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 195
Scope of Work
Rincon Consultants, Inc. 1
1 Scope of Work
Task 1 Project Initiation and Project Management
Task 1.1 Project Timeline
Rincon will create a Gantt chart timeline in excel that includes all the tasks of the overall project. This timeline will lay out when the City can expect to review deliverables, as well as the timing of engagement events and decision-maker study sessions/hearings. The Gantt chart format will allow for timeframes to be easily adjustable as needed and provide the foundation to ensure coordination with the Parks Master Plan and other City efforts, as well as to provide progress reports to the City Council, and other Commissions/partners as necessary.

The timeline assumes a 12-month project schedule, aiming to complete element updates as close to the SB1425 timeline of January 1, 2026, as feasible. To accomplish this timeline, we are assuming the City will opt for a Common Sense Exemption (see Task 6).

Assumptions Deliverables
• Project schedule of 12 months. • Project timeline (Excel) Task 1.2 Kickoff Meeting with Project Team and Project Goal and Content Framing
Rincon will work with City staff to host an in-person kickoff meeting with the project team to provide and facilitate the following.

I. Introductions of the City team and consultant team (including roles and responsibilities) II. Overview of project scope and timeline
III. Tie-in to the ongoing Parks Master Plan
IV. Initial project research and data needs (see Task 3.1) V. Goal and content framing exercise to refine the goals and framework for addressing SB 1425 and AB 1889 and Executive Order N-82-20 topics
VI. Initial engagement strategy and messaging
The goal and content framing exercise will allow the project team members to provide their project needs, goals, priorities, opportunities, and challenges around the newly required legislation and larger update to the elements.

Providing this overall vision and the initial research will establish the foundation to also discuss critical policy decisions early in the project process, such as park access and shoreline management. To facilitate and record feedback from all project team members, we propose using a collaboration tool, such as Mural. We have found this tool highly effective in many communities in allowing all engaged parties to have their thoughts and ideas captured.

Example of Mural board used for the City of Glendale’s CAAP Working Group Discussion

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 196
City of Foster City
Proposal for Amendment to Foster City's General Plan Parks and Open Space Element and the General Plan Conservation Element
2 Following this kickoff meeting, the Rincon team will provide the final scope of work and deliverables as well as the adjusted project schedule and a summary of themes from the goal and content framing exercise.

Assumptions Deliverables
• Meeting will be in-person and up to four hours.
• City will be responsible for securing the meeting
location.
• City will be responsible for the attendee list and
meeting invite.
• City will be responsible for providing any direct
expenses associated with the meeting, including
beverages and/or snacks.
• Attendees will include Rincon and WRT.
• Kickoff meeting with project team
• Kickoff meeting presentation
• Project goals and content framing summary
• Final scope of work and deliverables
• Final project timeline
Task 1.3 Project Management, Meetings, and Communication Throughout the project, Rincon will provide robust project management with a team experienced in the development of General Plan elements with many partners. The Rincon team will provide 30-minute, virtual, biweekly check-ins with meeting notes and action items summarized after each meeting. Our teaming partner WRT may attend these check-ins as necessary throughout the project to align the deliverables, Parks Master Plan process, and engagement. Rincon’s project management structure includes the Principal and Project Manager being available directly for questions or other needs. This project team not only provides a high level of experience for the City, but also provides for quick turnarounds when questions arise and continuity throughout the project.

Assumptions Deliverables
• Project schedule of 12 months
• Check-in meeting attendance will include at minimum
the Rincon Project Manager and Assistant Project
Manager.
• Budget has been included for additional Rincon team
members and WRT will attend check-in meetings as
necessary.
• Biweekly 30-minute, virtual check-in meetings
• Check-in meeting agendas and meeting notes
• Monthly status reports and invoices
Task 2 Community Outreach and Engagement
Task 2.1 Community Engagement Plan
Rincon will work with City staff to raise awareness about and solicit input on the Parks and Open Space and Conservation elements through a variety of community outreach and engagement efforts, which are discussed below in Tasks 2.2 through 2.4. WRT will support Rincon in developing the Community Outreach Plan to ensure the approach and messaging is well-coordinated and complementary to the Parks Master Plan’s engagement approach. We propose the public engagement processes for the Parks Master Plan and the Parks & Open Space and Conservation Elements Update read as a combined effort to avoid confusion in the community.

The Rincon team will also use the results of the Project Goal and Content framing activity (Task 1.2) to inform the Community Engagement Plan and communicate engagement priorities and outcomes as part of the first City Council study session (see Task 2.3.9 City Council Study Sessions) to ensure City Council buy-in and gain input for the Community Engagement Plan before it is executed. The Community Engagement Plan will also be available to receive feedback from the Project Team and community throughout the planning process.

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 197
Scope of Work
Rincon Consultants, Inc. 3
Assumptions Deliverables
• Rincon will respond to one round of consolidated
comments on the Administrative Draft Community
Engagement Plan and one round of consolidated
comments on the Draft Community Engagement Plan.
• Draft Community Engagement Plan
• Final Community Engagement Plan
Task 2.2 Community Priorities Survey
We understand that WRT is undertaking a community survey through the Parks Master Plan project to gain insights on local concerns, goals, and priorities related to park facilities and maintenance. We propose to build upon this effort by leveraging the results of that survey and conduct a second survey focused on shoreline maintenance, open space access, and natural resources. This survey would also allow the project team to include any questions needed to further refine the understanding of parks and recreation topics.

Topics in the survey will include, but are limited to, the following themes • Opportunities to naturalize existing parks through the use of natural vegetation areas and replacement of turf
• Opportunities to enhance local biodiversity, such as native gardens, tree plantings, and wildlife corridor management
• Equity considerations regarding access and programming limitations • Ways the City can better engage residents in conservation and resiliency efforts • Types of funding sources supported for parks, open space, and conservation efforts It will be critical for the results of the survey to represent all demographics within Foster City, especially from residents that have been historically hard to reach. Therefore, the approach to getting an equitable survey response will be included in Task 2.1 Community Engagement Plan and will be built off Task 3.2 Community Profile and the Rincon team’s local experience in Foster City and San Mateo County. The plan will identify target populations, appropriate survey methodology, sampling methods, and desired sample size to reach a representative data set. This will also ensure the language and messaging in the survey is culturally appropriate for Foster City’s diverse residents.

The survey will also be a main tool for getting feedback and will be marketed at all engagement events in the first phase of the project, including focus groups, workshops, and other creative means, as described in the following tasks.

Assumptions Deliverables
• Rincon will respond to one round of consolidated
comments on the Administrative Draft Community
Priorities Survey and one round of consolidated
comments on the Draft Community Priorities Survey.
• No direct expenses have been allocated to the
provision of the survey. Rincon assumes that the
survey will be hosted on one of the City’s or Rincon’s
existing survey platform subscriptions. If additional
expense is required, then that will be provided
through a contract amendment.
• Draft Community Priorities Survey
• Final Community Priorities Survey

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 198
City of Foster City
Proposal for Amendment to Foster City's General Plan Parks and Open Space Element and the General Plan Conservation Element
4 Task 2.3 Engagement Events and Public Information
The Rincon team understands the importance of involving the local community, including communities which have not been historically engaged in local decision-making processes. We strive to reach all community members using a variety of digital and non-digital methods and work closely with local community groups, organizations, staff, and officials who know the region best. In addition, we believe in aligning and capitalizing on existing efforts to prevent outreach fatigue and confusion. With that goal in mind, our approach focuses on combining efforts with the Parks Master Plan project and aligns with that effort’s Public Participation Plan. We have identified opportunities to participate jointly in Parks Master Plan and General Plan element engagement events, allowing the ongoing conversation with the community around parks to remain clear and consolidated while using this project to fill in gaps and bolster participation.

Task 2.3.1 Project Branding
A project brand was developed for the Parks Master Plan process to establish a clear identity for the project from the community engagement process through the final document creation. Rincon and WRT will collaborate to establish a project brand for the Elements Update that unifies it with the Parks Master Plan process while also differentiating it as a separate effort. WRT can provide graphic templates for documents, mapping, and other deliverables to achieve continuity between projects.

Task 2.3.2 Website Content
A project website is needed to keep the community current on the planning process and to provide virtual engagement opportunities through comment forms, online surveys, or other tools. To avoid confusion and gain efficiency, we propose have a combined webpage for the Elements Update and Parks Master Plan, though further discussion is needed with both project teams to assess this approach. Currently the Parks Master Plan webpage is maintained by City staff with WRT contributing and guiding content updates. The Rincon team would do the same for this effort.

Task 2.3.3 Intercept Events + Pop-Ups
The Rincon team will directly engage with the community at up to two existing community events already being conducted in the City or a highly trafficked area. The Parks Master Plan process will be completing a series of pop-up events at various community functions to understand park needs and priorities. Another series of pop-up events could occur in Summer 2025 to test potential ideas and recommendations for both the Parks Master Plan and the Elements Update providing efficiency and preventing community confusion around the two projects. Rincon and WRT will collaborate on this effort to ensure these events are not repetitious of the Parks Master Plan efforts. We will support these events by developing engagement materials such as flyers or postcards with project information, social media posts, and interactive voting or poster boards where the community can actively participate in the planning process. Additional fun activities may also be included, such as photo booths, program participation trees, zines, or idea walls. All materials would be developed in coordination with the City to be easily understandable and culturally relevant to the diverse communities in Foster City. The timing for the Intercept Events and Pop-Ups will be identified within Rincon’s Community Engagement Plan (Task 2.1).

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 199
Scope of Work
Rincon Consultants, Inc. 5
Assumptions Deliverables
• Specific logistics and roles will be determined and
described in Task 2.1 Community Engagement Plan.
• Two Pop-Ups will be conducted. Each pop-up will
feature the same information and utilize the same
materials.
• City will oversee all promotional efforts using material provided by Rincon.
• Rincon has included budget for one set of material
printing. If additional materials are needed, they can
be billed as part of the overall task budget.
• City will provide any necessary tables, chairs, tents, and giveaways.
• Rincon will respond to one round of consolidated
comments on the pop-up logistics plan.
• One sets of promotional materials, including postcard design, social media graphic, and website language
and up to five social media blurbs
• Up to three poster designs
• One set of postcards containing project information
• One set of welcome materials (sign-in sheet, paper
surveys)
• Additional activity materials as determined in Task

2.1 Community Engagement Plan (sticky notes,
tokens, etc.)
Task 2.3.4 Open House + Workshop
Rincon will join WRT at the second Parks Master Plan community workshop to incorporate and gather input on Open Space and Conservation priorities from those who live, work, and visit Foster City. The timing and content of the workshops will be coordinated with WRT to ensure full coverage of topics at appropriate times of the project, while preventing outreach fatigue and confusion.

As part of these workshops, the Rincon team will design up to two activities that adds an open space and conservation aspect to the existing Parks Master Plan efforts. Activities will be designed to be fully interactive and directly guide key issues and policy strategies.

Assumptions Deliverables
• Specific logistics and roles will be determined and
described in Task 2.1 Community Engagement Plan.
• The City will oversee all promotional efforts using
material provided by Rincon.
• If additional materials are needed, they can be billed as part of the overall task budget.
• The City will secure venue space and any necessary
tables, chairs, and giveaways, including snacks and
water.
• Materials providing overall project information
(postcards, timeline, etc.) will be the same design as
previous tasks.
• Rincon will respond to one round of consolidated
comments on each engagement deliverable.
• Up to one additional Rincon staff attendance at one
workshop
• Up to four posters
• Additional activity materials as determined in Task

2.1 Community Engagement Plan (sticky notes,
tokens, etc.)

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 200
City of Foster City
Proposal for Amendment to Foster City's General Plan Parks and Open Space Element and the General Plan Conservation Element
6 Task 2.3.5 Focus Group Meetings
The Rincon team would work with the City to identify and conduct up to two focus groups to discuss the Parks and Open Space and Conservation elements with local partners. Representatives and advocates of hard-to-reach populations will be invited to participate to facilitate a broader representation and incorporate new partners into the process. These focus groups will be conducted virtually, and groups will be organized to discuss topics pertinent to their experience and expertise. The Rincon team will also identify opportunities to combine meetings with the Parks Master Plan effort or hold additional meetings that include new and existing members. The focus group task is a critical step in gaining a candid understanding of conditions and issues from a variety of perspectives. These meetings will also create or strengthen the relationship between the project team and the community, which will prove to be a valuable asset as the policies and projects are implemented.

Assumptions Deliverables
• City staff will send and manage invitations.
• Focus groups will be up to one hour in length and
occur virtually.
• Two consultant team members will attend up to two
interviews.
• Additional focus groups can be completed on a timeand-materials basis, in accordance with our standard fee schedule.
• Focus group meeting agendas
• Facilitation of up to two small focus groups
• Summary of feedback received
Task 2.3.6 Citizen Advisory Committee Meetings
The Rincon team recognizes the importance of working closely with the City’s Advisory Committees throughout the project. To incorporate regular communications with these committees, Rincon will provide City staff with key information at two major milestones in the project to solicit input on in the form of a PowerPoint presentation.

Milestones may be similar to the ones outlined in Task 2.3.8 City Council Study Sessions. Rincon will prepare a draft and final PowerPoint for staff to use as a discussion tool during the meetings.

Assumptions Deliverables
• No consultant attendance is assumed for these
meetings.
• Up to two draft and final PowerPoint presentations
Task 2.3.7 City Council Meetings
The Rincon team will participate in three City Council meetings. The objective of the first City Council meeting will be to introduce the project, present the Community Engagement Plan (Task 2.1), and gather initial input on the issues, opportunities, and desired outcomes of the Element updates.). The objective of the second City Council meeting will be to gain insight into initial key policy topics, a summary of important information and findings from Tasks 3.2 through 3.4 and high-level policy strategies for discussion and adjustment. The objective of the third City Council meeting will be to present the draft Elements content, and a fourth City Council meeting will be to adopt the Elements. Rincon will provide a draft and final PowerPoint presentation for each meeting.

Assumptions Deliverables
• Attendance will be in-person.
• Up to two consultant team members will be in
attendance.
• Consultant attendance at each City Council study
session will be up to two hours in length.
• Two consultant staff members will attend and present
at three City Council study sessions.
• Three draft and final PowerPoint presentations

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 201
Scope of Work
Rincon Consultants, Inc. 7
Task 2.4 Engagement Results Summary
The Rincon team will develop an engagement results summary to be provided to all partners and decisionmakers and will accompany the Parks and Open Space and Conservation Elements development and adoption.

The engagement results summary will include engagement metrics, such as number of survey responses, number of agency meetings and focus groups, community events, and number of attendees at each. The engagement results will also illustrate how engagement and feedback represents the diversity of the community.

The engagement results summary will be provided in a memorandum or as a PowerPoint slide deck, whichever format the City prefers.

Assumptions Deliverables
• Rincon will respond to one round of consolidated
comments on the draft Engagement Results
Summary.
• Draft Engagement Results Summary (Word or
PowerPoint)
• Final Engagement Results Summary (Word or
PowerPoint)
Task 3 Existing Conditions Analysis
Task 3.1 Existing Plans, Regulations, Projects, Partnerships, and GIS Data
Policy and document review is a substantial task that must be conducted intentionally and systematically to effectively inform policy. To address this, Rincon will use its Measure Analysis and Success Tracking (MAST) tool to evaluate the City’s existing parks, open space, and conservation policies and programs by summarizing their success and identifying implementation hurdles. The MAST tool enables the consultant team to understand prior and ongoing City efforts related to the Parks and Open Space Element and Conservation Element amendments, guiding the development of updated policies and programs.

As shown in Figure 1 below, the Rincon team will compile evaluation topics aligned with project goals, establishing criteria for assessing existing plans and policies and selecting plans for evaluation. This systematic review will incorporate input from all City departments and is likely to include at a minimum other General Plan elements, the CAP, Bicycle and Pedestrian Improvements Project, and Capital Improvement Projects. As the Parks Master Plan is still in development, it will not be included in the MAST tool, but Rincon and WRT will work together closely to ensure alignment between the plans.

The MAST tool features drop-down menus to indicate policy and program status (completed, underway, not started) and to rate their effectiveness based on metrics, responsible parties, and funding. This process provides insights into implementation barriers, such as funding or staff time, for the consulting team and the City to address during updates.

Rincon will deliver this analysis along with a summary presentation of key findings and opportunities for use in developing policy strategies as part of Tasks 4.1 and 5.1.

Figure 1 MAST Tool Process
During this task, the Rincon team will also develop an ArcGIS data web portal for use throughout the project.

This portal will contain all relevant data layers such as parks, other land uses, vegetation, wildlife corridors, hazard mapping, and other planning and natural resources spatial data, allowing for the toggling of layers on and off to view interrelationships and overlaps.

Project Goals List of Topics to
Address Goals
Review Foster
City's Existing
Documents that
Address Topics
Draft Issues and
Opportunities

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 202
City of Foster City
Proposal for Amendment to Foster City's General Plan Parks and Open Space Element and the General Plan Conservation Element
8 Assumptions Deliverables
• Project goals will be finalized before this task begins. • Rincon will respond to one round of consolidate
comments on each deliverable of this task.
• Budget to present the results of this analysis at
potential meetings are not included in this task. See
tasks under Task 2.3 Engagement Events and Public
Information for decision-maker meeting participation.
• The ArcGIS data web portal will use existing publicly available data, supplemented by City-provided data
sets.
• List of topics to address goals (Word)
• MAST Tool (Excel)
• Issues and Opportunities Slide Deck (PowerPoint)
• ArcGIS data web portal (ArcGIS web link)
Task 3.2 Community Assessment
The Rincon Team will produce an updated community profile studying current demographics and growth trends in Foster City that may inform the direction of the Parks and Open Space and Conservation elements. The profile will incorporate data gathered as part of the Parks Master Plan, as well as other data sources and related previous efforts, and will analyze:
• Existing Community Demographics. A profile of existing community demographics, including, but not limited to, total population, age, race/ethnicity, language spoken at home, and household composition. • Existing Recreational Services Relative to Community Demographics. Building on and referencing information from the Parks Master Plan effort, summarize whether existing recreational services align with existing community demographics and needs.
• Recent Growth History and Growth Projections. Draw on the City’s existing General Plan and State and regional sources (such as the California Department of Finance and ABAG/MTC) to summarize recent, current, and projected population, housing, and employment in Foster City through the General Plan horizon. • Areas of Planned Growth. Review the City’s Housing Element, General Plan Land Use Element, and any planned development to identify geographic areas of planned growth that may require additional park and open space access.
• Current and Future Park and Open Space Service. In collaboration with the ongoing Parks Master Plan update, inventory and map existing parks and open space system, including an analysis of current park metrics residents citywide and by subarea, such as neighborhood or City Council district. • Existing Access to Parks and Open Space. Assess existing access to open space citywide, including by racial, economic, and social population indicators, such as income. This analysis will enable the project team to identify opportunities later in the update process to improve access to parks and open spaces, consistent with SB 1425.
• Existing Urban Tree Canopy. Use existing data on the urban tree canopy provided by the City and supplementing with dynamic data tools such as the Tree Equity Score to provide an assessment of existing tree coverage and areas of need.
• Climate Adaptation and Resilience. Identify potential impacts of climate change on parks and recreational facilities, opportunities to address community resilience in the parks and recreation system, and potential impacts of climate change on community recreational needs. This analysis will incorporate relevant findings from the 2021 Local Hazard Mitigation Plan and Climate Action Plan.

With the results of this analysis, the Rincon Team will prepare a summary of issues and opportunities that may inform the updates. This summary will consider issues and opportunities citywide, by geography (such as City Council districts), and by demographic groups (such as seniors, youth, individuals with disabilities, etc.).

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 203
Scope of Work
Rincon Consultants, Inc. 9
Assumptions Deliverables
• The Rincon Team will respond to one set of
consolidated comments on the Community Profile.
• Community Profile will be in Memorandum format
with concise narrative and findings in the form of
tables or bullet point lists.
• Draft Community Profile (Word)
• Final Community Profile (PDF)
Task 3.3 Park and Recreation Needs Assessment and Inventory WRT is providing an assessment of the City’s parks and recreation programs as part of the Parks Master Plan effort. Therefore, this task will primarily serve as an opportunity for Rincon and WRT to collaborate on integrating the information into the Elements Update and identify key areas for policy direction.

Assumptions Deliverables
• The Rincon team will review findings from the park
and Recreation Needs Assessment conducted as part
of the Parks Master Plan and evaluate key policy
topics for integration into the Elements Update.
• Memorandum of Elements Update Key Topics
Task 3.4 Open Space and Conservation Assessment
The Rincon team will develop an Open Space and Conservation Assessment that will inventory the open spaces, biological resources, and open space, shoreline, and other natural resources in Foster City. Rincon will use a variety of existing data sources, including desktop databases, literature review, previous local findings, and information provided through the first phase of community engagement, to develop the assessment in an efficient manner. The following describes the approach to developing the assessment for each of the major topic areas.

Biological Resources
Rincon will conduct a citywide biological resources literature review and desktop analysis, which queries and reviews the California Department of Fish and Wildlife California Natural Diversity Database, the California Native Plant Society’s Inventory of Rare and Endangered Vascular Plants of California, and the U.S. Fish and Wildlife Service Information for Planning and Conservation System, to determine what observations of special-status or locally important species, habitats, or other special-status biological resources near the city have been documented. We also review readily available topographic maps, aerial photographs, or other relevant materials provided by the City to better understand the existing biological resources in the city and immediate vicinity.

Additionally, we review available information on relevant biological spatial data; and relevant federal, State and local plans, ordinances, policies and regulations. Using data and findings from the literature review and desktop analysis, a table of special-status species with potential to occur is developed. Areas that are known to have threatened and endangered species occurrences, designated critical habitat areas, wetlands, and riparian or jurisdictional waters will also be identified.

Rincon will take this data and analysis and integrate it into the Open Space and Conservation Assessment to provide a comprehensive analysis of all the resources that will inform the parks and Open Space and Conservation elements policies. Because the elements are policy documents and no projects are being evaluated, we assume that no field work will be necessary to inform policy development. Therefore, biological field surveys are not included as part of this analysis. Aerial imagery and other data sources, such as staff expertise, will be used to confirm vegetative communities and other biological resources in Foster City.

Open Space and Shoreline Resources
The open space analysis will include an inventory of existing natural and environmental resources and provide a discussion of their value for conservation and protection, or any issues and development constraints. Rincon will provide a summary of the open space resources and watersheds in the area and describe the creeks, streams,

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 204
City of Foster City
Proposal for Amendment to Foster City's General Plan Parks and Open Space Element and the General Plan Conservation Element
10 parks, trails, freeways, and roads within these boundaries. Flooding mapping and concerns will be described, as will the area’s surface water quality. This inventory will also provide a summary of the City’s groundwater, stormwater, dams, or levee issues.

Rincon will use the best available science and tools, such as the Coastal Modeling System (CoSMoS) prepared by U.S. Geological Survey to evaluate potential impacts due to storm surges and assess the risks of sea level rise and its effects on groundwater levels. The team will incorporate key regional frameworks such as the One Bay Area Vision, Strategic Regional Priorities, and the Shoreline Adaptation Plan Guidelines. These guidelines will provide a regional context, ensuring that our assessment is aligned with broader adaptative and planning efforts across the Bay Area.

The team will use updated flood mapping to evaluate vulnerabilities and identify key areas along Foster City that may require specific measures and policies. Surface water quality, stormwater management, and issues related to dams or levees will also be examined to understand how these factors intersect with the potential impacts on open spaces and shoreline resources.

The results of this assessment will provide a better understanding of Foster City’s open space and shoreline resources, identifying potential threats and vulnerabilities to these resources. In addition, the outcomes will help guide the development of goals, actions, and policies to be incorporated into the GPAs, highlighting conservation priorities, development limitations, potential environmental risks, and in alignment with regional strategies and compliant with new legislation.

Other Natural Resources
In addition to evaluating biological resources, open space, and shoreline resources, the Rincon team will conduct a review and analysis of other significant natural resources to inform the Conservation Element update. This assessment will at a minimum include air quality, water quality, water supply, energy conservation, and renewable energy, ensuring a holistic approach to Foster City’s sustainability and environmental resilience.

Air Quality and Water Quality
The team will assess current air quality conditions by analyzing existing monitoring data, identifying major pollution sources, and evaluating compliance with state and federal air quality standards. This analysis will include an examination of particulate matter, ozone levels, and other key pollutants that impact public health and the environment. Similarly, the water quality assessment will involve evaluating surface and groundwater resources, identifying potential contamination sources, and reviewing compliance with relevant water quality standards. Knowing the Foster City Lagoon and local beaches in particular have been a notable concern, we will review recently collected water sample data and long-term trends in water quality, as well as the Lagoon Management Plan and regional management plans.

Water Supply
Ensuring a sustainable and reliable water supply is critical for Foster City’s growth and resilience. The Rincon team will evaluate existing water sources, including surface water and groundwater, and assess their long-term sustainability in the face of population growth and climate variability. This assessment will include an analysis of local and regional water supply assessments and the most recent Foster City Urban Water Management Plan to gain an understanding of the current water usage patterns, demand projections, and the effectiveness of existing water management practices. Additionally, the team will compile current water conservation measures and alternative water sources, such as recycled water and stormwater capture, to support future needs.

Energy Conservation and Renewable Energy
The assessment will also summarize Foster City’s energy landscape, identifying current and planned efforts for energy conservation and the adoption of renewable energy technologies. The team will evaluate current energy consumption trends across residential, commercial, and municipal sectors, identifying key areas where energy efficiency can be improved. Much of this data was collected through the recent update to the City’s Climate Action Plan and can be integrated into the Conservation Element.

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 205
Scope of Work
Rincon Consultants, Inc. 11
Assumptions Deliverables
• A field survey is not included in this scope of work. If the desktop analysis identifies areas that need more
investigation, Rincon’s natural resources scientists
will conduct the analysis on an additional time-andmaterials basis. • Cultural and tribal resources are not included in this scope of work, as that is not in the current elements
nor requested in the RFP. If desired, Rincon can
provide additional qualifications, scope, and budget
to address cultural and tribal resources.
• Rincon will respond to one round of consolidate
comments on the Draft Open Space and Conservation
Assessment.
• Draft Open Space and Conservation Assessment
• Final Open Space and Conservation Assessment
Task 4 Research and Analysis
Task 4.1 Financial Evaluation and Prioritization
WRT is completing a financial evaluation as part of the Parks Master Plan. Therefore, this task will include identifying funding priorities and strategies to include in the Elements update. No deliverable will be included for this task, as funding strategies will be included as part of the Elements Implementation Program.

Assumptions Deliverables
• Financial evaluation will be done as part of the Parks Master Plan, and relevant information integrated into
the Elements Update.
• N/A
Task 5 Preparation and Adoption
Task 5.1 Administrative Drafts Parks and Open Space and Conservation Elements
The Rincon team will prepare administrative draft versions of the Parks and Open Space and Conservation Elements for City staff, the City’s Committees, Planning Commission and City Council, and community review.

The elements will conform to applicable provisions of State General Plan law. The policy document will be organized into elements containing an introduction; issues identification; goals, policies, and implementation plan. The Rincon team will confirm the outlines of the Element updates with the City prior to beginning the administrative drafts.

Information gathered and concepts developed in previous tasks will form the basis of the planning framework for each element, with technical updates and reorganization to improve usability, comply with legislation, reflect Foster City trends, and align with the updated City goals and vision.

Each element will include an implementation plan that will serve to provide clear guidance on governance and inter-departmental implementation of the updated elements. This section will detail actions needed to realize the goals and policies in the Elements, including the responsible department, implementation timeframe, and potential funding sources, likely presented in tables within each element. This implementation plan can also be provided as an excel matrix that allows for filtering by topic, department, or implementation mechanism.

Given the necessary timeline for project completion, we are assuming no formal public review period for the draft Elements. Instead, public draft elements will be used to facilitate conversations and gather input from key community members, advisory committees, and Planning Commission and Council.

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 206
City of Foster City
Proposal for Amendment to Foster City's General Plan Parks and Open Space Element and the General Plan Conservation Element
12 Assumptions Deliverables
• The Rincon team will respond to one round of
consolidated comments on the Administrative Draft
Elements.
• The Rincon team will respond to one round of
consolidated comments on the Screencheck Draft
Elements.
• The Rincon team will respond to one round of
comments on the Public Draft Elements.
• Administrative Draft Parks and Open Space Element
• Administrative Draft Conservation Element
• Screencheck Draft Parks and Open Space Element
• Screencheck Draft Conservation Element
• Public Draft Parks and Open Space Element
• Public Draft Conservation Element
Task 5.2 Final Parks and Open Space and Conservation Elements Upon completion of the public review, we assume the City will consolidate all public comments and decide if any changes should be made to the draft Elements. If the City would like to make any changes to the Elements, Rincon will address those to develop final Elements for City adoption.

Attendance to adopt the Parks and Open Space and Conservation Elements at City Council meetings is included in Task 2.3.6 City Council Meetings.

Assumptions Deliverables
• Final Elements will be submitted in an electronic
format (Word/PDF).
• The Rincon team will respond to one round of
comments on the final Elements.
• Final Parks and Open Space Elements
• Final Conservation Element
Task 6 Environmental Review/CEQA
Task 6.1 Administrative Draft Common Sense Exemption Report Rincon will prepare an internal review (Administrative) Draft Common Sense Exemption Report (Report) that demonstrates the General Plan Parks and Open Space and the General Plan Conservation Elements would be consistent with CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3) (“general rule” or “common sense exemption”). The Report would demonstrate that the General Plan Elements fall within the sphere of the general rule or common sense exemption, which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the project is not subject to CEQA.

Because the General Plan Elements would only involve the adoption of a policy document for consistency with State law and do not in and of themselves include any proposed development or projects, the Report would illustrate that the General Plan Elements would not propose or approve any physical development and would not result in changes to the physical environment, nor would they result in potential environmental impacts. To ensure adequate factual support for the Commonsense Exemption, the Report will include a thorough description of the General Plan Elements and a high-level analysis of each area of potential impact included in CEQA Guidelines Appendix G. Rincon will submit an electronic copy of the Administrative Draft Common Sense Exemption Report for City review in Word format. The following describes our general approach to all items on the Report.

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 207
Scope of Work
Rincon Consultants, Inc. 13
Assumptions Deliverables
• No substantive changes to the project description will occur after City approval of the Project Description.
• Rincon will respond to one round of comments on the
Administrative Draft Common Sense Exemption Report.

Comments will be provided as a consolidated set of
comments in editable electronic format (i.e., as track
changes in Microsoft Word).
• No printed copies will be provided.
• Administrative Draft Common Sense Exemption Report
Task 6.3 Final Common Sense Exemption Report
Rincon will respond to one round of consolidated comments from the City on the Administrative Draft Common Sense Exemption Report and prepare the Final Common Sense Exemption Report (Final Report). Rincon will prepare the Notice of Exemption (NOE) and any other required State Clearinghouse forms (e.g., Notice of Completion and Summary Forms). We assume the City will file the NOE with the County Clerk . Rincon will upload the NOE and State Clearinghouse forms to the State Clearinghouse website on the City’s behalf, if desired. We will provide one electronic (PDF) copy of the Final Report for posting on the City’s website. Hard copies can be generated upon request for an additional fee.

Assumptions Deliverables
• The City will file the NOE with the County Clerk
• No filing fees and/or hard copies would be provided.
• If the City requests that Rincon upload the project to the State Clearinghouse, the City will approve Rincon
as a submitter in the CEQASubmit portal.
• NOE, NOC, and State Clearinghouse Summary Form
• Final Common Sense Exemption Report (electronic
format)

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 208
City of Foster City
Proposal for Amendment to Foster City's General Plan Parks and Open Space Element and the General Plan Conservation Element
14 2 Schedule
We revised the project schedule per our discussion last Friday afternoon, November 15, 2024. The following pages reflect the schedule adjusted to a 12-month timeframe.

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 209
Schedule
Rincon Consultants, Inc. 15

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 210
City of Foster City
Proposal for Amendment to Foster City's General Plan Parks and Open Space Element and the General Plan Conservation Element 16 6.6
Attachment 3 - Revised Rincon Consultants, Inc. Proposal 211
Cost Proposal
Rincon Consultants, Inc. 17
3 Cost Proposal
Rate Hours Labor Budget
Direct
Expenses Total Budget
Task 1 Project Initiation and Project
Management
134.00 $32,422.00 $11,214.28 $43,636.28
Task 1.1 Project Timeline 3.00 $817.00 $0.00 $817.00
Principal $307 1.00 $307.00
Supervisor Planner I $272 1.00 $272.00
Senior Planner I $238 1.00 $238.00
Task 1.2 Kickoff Meeting and Project Goal and
Content Framing

21.00 $4,835.00 $7,121.80 $11,956.80
Principal $307 1.00 $307.00
Supervisor Planner I $272 8.00 $2,176.00
Planner III $196 12.00 $2,352.00
Rincon Direct Expenses $100.00
Travel - Mileage $201.00
WRT $6,820.80
Task 1.3 Project Management, Meetings,
Communication
110.00 $26,770.00 $4,092.48 $30,862.48
Principal $307 10.00 $3,070.00
Supervisor Planner I $272 68.00 $18,496.00
Planner III $196 20.00 $3,920.00
Administrative Assistant/Billing Specialist $107 12.00 $1,284.00 WRT $4,092.48
Task 2 Community Outreach and Engagement 262.50 $56,482.50 $25,587.85 $82,070.35 Task 2.1 Community Engagement Plan 27.00 $5,899.00 $1,023.12 $6,922.12 Principal $307 1.00 $307.00
Senior Supervisor Planner II $292 2.00 $584.00
Supervisor Planner I $272 4.00 $1,088.00
Planner III $196 20.00 $3,920.00
WRT $1,023.12
Task 2.2 Community Priorities Survey 14.00 $3,103.00 $1,023.12 $4,126.12 Principal $307 1.00 $307.00
Senior Supervisor Planner II $292 1.00 $292.00
Supervisor Planner I $272 2.00 $544.00
Planner III $196 10.00 $1,960.00
WRT $1,023.12
Task 2.3 Engagement Events and Public
Information
188.50 $41,037.50 $23,541.61 $64,579.11
Task 2.3.1 Project Branding 4.00 $878.00 $3,361.68 $4,239.68 Supervisor Planner I $272 2.00 $544.00
GIS/CADD Specialist II $167 2.00 $334.00
WRT $3,361.68

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 212
City of Foster City
Proposal for Amendment to Foster City's General Plan Parks and Open Space Element and the General Plan Conservation Element
18 Rate Hours Labor Budget
Direct
Expenses Total Budget
Task 2.3.2 Website Content 19.00 $3,987.00 $3,142.44 $7,129.44 Principal $307 1.00 $307.00
Supervisor Planner I $272 2.00 $544.00
Planner III $196 16.00 $3,136.00
WRT $3,142.44
Task 2.3.3 Intercept Events + Pop-Ups 47.00 $9,779.00 $3,171.92 $12,950.92 Principal $307 1.00 $307.00
Supervisor Planner I $272 6.00 $1,632.00
Planner III $196 40.00 $7,840.00
Rincon Direct Expenses $406.00
Travel - Mileage $573.52
WRT $2,192.40
Task 2.3.4 Open Houses + Workshops 32.50 $6,707.50 $8,437.16 $15,144.66 Principal $307 0.50 $153.50
Supervisor Planner I $272 6.00 $1,632.00
Planner III $196 20.00 $3,920.00
GIS/CADD Specialist II $167 6.00 $1,002.00
Rincon Direct Expenses $580.00
Travel - Mileage $573.52
WRT $7,283.64
Task 2.3.5 Focus Group Meetings 14.00 $3,048.00 $2,247.21 $5,295.21 Supervisor Planner I $272 4.00 $1,088.00
Planner III $196 10.00 $1,960.00
WRT $2,247.21
Task 2.3.6 Citizen Advisory Committee Meetings 17.00 $3,689.00 $2,180.22 $5,869.22 Principal $307 1.00 $307.00
Supervisor Planner I $272 4.00 $1,088.00
Planner III $196 10.00 $1,960.00
GIS/CADD Specialist II $167 2.00 $334.00
WRT $2,180.22
Task 2.3.7 City Council Meetings 55.00 $12,949.00 $1,000.98 $13,949.98 Principal $307 2.00 $614.00
Supervisor Planner I $272 26.00 $7,072.00
Planner III $196 26.00 $5,096.00
GIS/CADD Specialist II $167 1.00 $167.00
Travel - Mileage $1,000.98
Task 2.4 Engagement Results Summary 33.00 $6,443.00 $0.00 $6,443.00 Principal $307 1.00 $307.00
Supervisor Planner I $272 4.00 $1,088.00
Planner III $196 8.00 $1,568.00
Planner II $174 20.00 $3,480.00

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 213
Cost Proposal
Rincon Consultants, Inc. 19
Rate Hours Labor Budget
Direct
Expenses Total Budget
Task 3 Existing Condition Analysis 192.00 $40,884.00 $20,139.63 $61,023.63 Task 3.1 Existing Plans, Regulations, Projects,
Partnerships, and GIS Data

25.00 $5,315.00 $2,941.47 $8,256.47
Principal $307 1.00 $307.00
Supervisor Planner I $272 4.00 $1,088.00
Planner III $196 20.00 $3,920.00
GIS/CADD Specialist II $167 0.00 $0.00
WRT $2,941.47
Task 3.2 Community Assessment 68.00 $13,846.00 $511.56 $14,357.56 Principal $307 2.00 $614.00
Supervisor Planner I $272 10.00 $2,720.00
Planner III $196 40.00 $7,840.00
GIS/CADD Specialist II $167 16.00 $2,672.00
WRT $511.56
Task 3.3 Park and Recreation Needs Assessment
and Inventory

3.00 $851.00 $16,686.60 $17,537.60
Principal $307 1.00 $307.00
Supervisor Planner I $272 2.00 $544.00
WRT $16,686.60
Task 3.4 Open Space and Conservation
Assessment

96.00 $20,872.00 $0.00 $20,872.00
Principal $307 8.00 $2,456.00
Supervisor Planner I $272 16.00 $4,352.00
Planner IV $211 20.00 $4,220.00
Planner III $196 40.00 $7,840.00
GIS/CADD Specialist II $167 12.00 $2,004.00
Task 4 Research and Analysis 2.00 $579.00 $6,406.68 $6,985.68 Task 4.1 Financial Evaluation and Prioritization 2.00 $579.00 $6,406.68 $6,985.68 Principal $307 1.00 $307.00
Supervisor Planner I $272 1.00 $272.00
WRT $6,406.68
Task 5 Preparation and Adoption 158.00 $32,028.00 $39,122.16 $71,150.16 Task 5.1 Administrative Drafts OSCR
Elements/General Plan Amendments
128.00 $25,806.00 $30,230.76 $56,036.76
Principal $307 4.00 $1,228.00
Supervisor Planner I $272 10.00 $2,720.00
Planner III $196 100.00 $19,600.00
GIS/CADD Specialist II $167 10.00 $1,670.00
Technical Editor $147 4.00 $588.00
WRT $30,230.76

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 214
City of Foster City
Proposal for Amendment to Foster City's General Plan Parks and Open Space Element and the General Plan Conservation Element
20 Rate Hours Labor Budget
Direct
Expenses Total Budget
Task 5.2 Final OSCR Elements/General Plan
Amendments

30.00 $6,222.00 $8,891.40 $15,113.40
Principal $307 2.00 $614.00
Supervisor Planner I $272 4.00 $1,088.00
Planner III $196 20.00 $3,920.00
GIS/CADD Specialist I $150 4.00 $600.00
WRT $8,891.40
Task 6 Environmental Review/CEQA 63.00 $14,206.00 $0.00 $14,206.00 Task 6.1 Administrative Draft Common Sense
Exemption Report

45.00 $10,224.00 $0.00 $10,224.00
Principal $307 8.00 $2,456.00
Senior Planner II $255 12.00 $3,060.00
Planner III $196 20.00 $3,920.00
GIS/CADD Specialist II $167 4.00 $668.00
Publishing Specialist $120 1.00 $120.00
Task 6.2 Final Common Sense Exemption Report 18.00 $3,982.00 $0.00 $3,982.00 Principal $307 2.00 $614.00
Senior Planner II $255 6.00 $1,530.00
Planner III $196 8.00 $1,568.00
GIS/CADD Specialist I $150 1.00 $150.00
Publishing Specialist $120 1.00 $120.00
Reimbursable Expense 0.00 $0.00 $1,740.00 $1,740.00
WRT $1,740.00
Project Total 811.50 $176,601.50 $104,210.60 $280,812.10 Direct Expenses Summary Amount
Rincon Direct Expenses $1,086.00
Travel - Mileage $2,349.02
WRT $100,775.58
Direct Expenses Subtotal $104,210.60

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 215
Carlsbad
2215 Faraday Avenue
Suite A
Carlsbad, California 92008
760-918-9444
Fresno
4589 North Marty Avenue
Suite 102
Fresno, California 93722
559-228-9925
Los Angeles
250 East 1st Street
Suite 1400
Los Angeles, California 90012
213-788-4842
Monterey
80 Garden Court
Suite 240
Monterey, California 93940
831-333-0310
Oakland
66 Franklin Street
Suite 300
Oakland, California 94607
510-834-4455
Palm Springs
777 East Tahquitz Canyon Way
Suite 200-127
Palm Springs, California 92262
760-203-5120
Riverside
11801 Pierce Street
Suite 200
Riverside, California 92505
951-405-0979
Sacramento
4825 J Street
Suite 200
Sacramento, California 95819
916-706-1374
San Diego
8825 Aero Drive
Suite 120
San Diego, California 92123
760-918-9444
San José
99 South Almaden Boulevard
San José, California 95113
408-577-3008
San Luis Obispo
1530 Monterey Street
Suite D
San Luis Obispo, California 93401
805-547-0900
Santa Barbara
319 East Carrillo Street
Suite 105
Santa Barbara, California 93101
805-319-4092
Ventura (headquarters)
180 North Ashwood Avenue
Ventura, California 93003
805-644-4455
Office Locations

6.6 Attachment 3 - Revised Rincon Consultants, Inc. Proposal 216
DATE: December 2, 2024
TO: Mayor and Members of the City Council
President and Members of the EMID Board of Directors
FROM: Stefan Chatwin, City/District Manager
DEPARTMENT: City Manager
SUBJECT: OVERHIRE OF A FINANCE DIRECTOR POSITION

RECOMMENDATION
It is recommended that the City Council/EMID Board adopt the attached resolutions authorizing an appropriation for $154,000 in General Fund (Fund 001) and approving an overhire for the Finance Director position in the Finance Department from January 2025 through April 30, 2025.

EXECUTIVE SUMMARY
The Finance Director position in the Finance Department has been filled on an interim basis by internal staff while the current Finance Director has been on an extended leave of absence. The current Finance Director has decided to resign, and recruitment has begun to find a replacement. To ensure a smooth transition for the individual that will be hired, the City Manager is requesting Council/EMID Board authorization to overhire the position from January 2025 through April 2025. It is anticipated that the increased cost for labor due to the leave of absence and of the overhire will total to approximately $154,000 in FY 2024-2025 and the entire cost will be absorbed by the General Fund.

BACKGROUND/ANALYSIS
The Finance Director position in the Finance Department is a key position in managing Foster City finances and overseeing the annual budget process. The current Finance Director has been on leave of absence since March 2024. Since that time, the

6.7 6.7 Staff Report
217
Assistant Finance Director and existing Finance staff have taken on additional duties and received additional compensation for those duties.

The Finance Director has recently decided to resign and is willing to assist his replacement as part of a transition plan. To proactively prepare for the transition of duties associated with this key executive position, the City/District Manager recommends that the City Council/EMID Board authorize an overhire of the Finance Director position starting January 2025 through April 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 on the remaining staff.

A supplemental appropriation of $154,000 from the General Fund is required to fund the additional compensation provided to staff during the leave of absence and for the cost of the overhire.

California Environmental Quality Act
Not applicable

FISCAL IMPACT
The combined personnel costs (salary and benefits) of existing staff performing various tasks in the absence of the current Finance Director since July 2024 and to overhire a Finance Director for the period of time of January 2025 through April 2025 is estimated at $154,000 in FY 2024-2025. The entire cost will be absorbed by the General Fund.

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

Attachment 1 - City Resolution
Attachment 2 - EMID Resolution

6.7 6.7 Staff Report
218
4875-5909-3353 v1
RESOLUTION NO. _____________

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

AUTHORIZING A SUPPLEMENTAL APPROPRIATION IN GENERAL FUND (FUND 001) FOR $154,000 AND APPROVING AN OVERHIRE FOR THE FINANCE DIRECTOR POSITION FROM JANUARY 2025 THROUGH END OF APRIL 2025

CITY OF FOSTER CITY
WHEREAS, the current Finance Director has been on leave of absence since March 2024; and
WHEREAS, existing staff have been compensated for taking on additional duties; and
WHEREAS, the current Finance Director has decided to resign, and recruitment has begun to hire a replacement; and
WHEREAS, to ensure a smooth transition of the City’s financial functions to the future Finance Director, overhiring the position is an effective strategy for managing staffing transitions and institutional knowledge transfer; and WHEREAS, it is anticipated that the cost of the additional compensation paid to the existing staff and to overhire for the Finance Director position will total approximately $154,000 in FY 2024-2025, fully absorbed by General Fund.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City does hereby authorize the overhire of the Finance Director position from January 2025 through end of April 2025 and approve a supplemental appropriation of $154,000 for personnel cost in General Fund.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 2nd day of December 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.7 Attachment 1 - City Resolution
219
4876-2679-2041 v1
RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AUTHORIZING A SUPPLEMENTAL APPROPRIATION IN GENERAL FUND (FUND 001) FOR $154,000 AND APPROVING AN OVERHIRE FOR THE FINANCE DIRECTOR POSITION FROM JANUARY 2025 THROUGH END OF APRIL 2025

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the current Finance Director has been on leave of absence since March 2024; and
WHEREAS, existing staff have been compensated for taking on additional duties; and WHEREAS, the current Finance Director has decided to resign, and recruitment has begun to hire a replacement; and
WHEREAS, to ensure a smooth transition of the City’s financial functions to the future Finance Director, overhiring the position is an effective strategy for managing staffing transitions and institutional knowledge transfer; and
WHEREAS, it is anticipated that the cost of the additional compensation paid to the existing staff and to overhire for the Finance Director position will total approximately $154,000 in FY 2024-2025, fully absorbed by General Fund.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Estero Municipal Improvement District does hereby authorize the overhire of the Finance Director position from January 2025 through April 2025 and approve a supplemental appropriation of $154,000 for personnel cost in General Fund.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 2nd day of December 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.7 Attachment 2 - EMID Resolution
220
DATE: December 2, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Marlene Subhashini, Assistant City Manager
Dane Hutchings, Founder & CEO, California Public Policy Group DEPARTMENT: City Manager
SUBJECT: 2024 STATE LEGISLATIVE UPDATE

RECOMMENDATION
It is recommended that the City Council, by Minute Order, receive and accept an informational report on the 2024 State Legislative Program.

EXECUTIVE SUMMARY
State legislation has the potential to have direct and significant impacts on a city’s legal authority; fiscal, operational, and environmental stability. Active legislative engagement protects and enhances the interests of Foster City’s residents and businesses.

Ensuring that Council, City staff, and the community are aware of policies impacting our community is an important step when conducting City business.

In December of 2023, Council adopted a state legislative platform to have a sustained and engaged presence in the state legislative process. Upon adopting the Legislative Platform, Council requested that City staff along with our legislative consultant provide at least three (3) formal legislative updates to Council at a regularly scheduled meeting.

Such updates are intended to provide Council with the information about the legislative process and policy themes of interest to Council. The first update was provided to Council on April 1, 2024, and the second on August 19, 2024. This would be the third and final update for 2024.

6.8 6.8 Staff Report
221
In an effort to advance the City’s public policy advocacy efforts, the City’s legislative consultant, California Public Policy Group (CPPG), formerly RPPG, has been tracking and engaging on priority legislation.

BACKGROUND/ANALYSIS
On August 19, 2024, the City Council approved a third amendment and assignment of the agreement from Renne Public Law Group, LLP (“RPLG”) doing business as Renee Public Policy Group (“RPPG”) to the California Public Policy Group (“CPPG”) for continued state legislative advocacy services and optional grant writing services.

VLF FUNDING INCLUDED IN FINAL BUDGET DEAL
Both in the Governor’s January and May Revised budget proposals, the Administration did not include its obligation to backfill the Vehicle Licensing Fee (VLF) shortfall to San Mateo County and its taxing agencies. Specifically, this impact to Foster City would have been $1,398,472 in lost revenue used to fund critical public services. CPPG worked with San Mateo County advocates, stakeholders, and legislative delegation to retain the full VLF backfill payment in the budget and testified in budget committees on behalf of the City to request VLF be included in the budget. CPPG worked closely with Assemblymember Diane Papan and Senator Josh Becker on pushing for the inclusion of San Mateo County’s shortfall to be included—outlining all of the potential service reductions on the table. The language specific to the VLF reimbursement was included in AB 107, which was the primary budget bill. This budget was passed by both houses on Thursday, June 13 and signed into law by the Governor on June 30. The budget included $73 million to reimburse local jurisdictions for VLF revenue shortfalls in Mono, Alpine, and San Mateo counties. This is viewed as a major victory for San Mateo County and its taxing agencies given the growing state budget deficit forcing considerable reductions to several other key statewide programs.

Below is a list of bills that the City has positioned on. For a more comprehensive list of tracked priority measures, please see Attachment 1.

POSITIONED BILLS
AB 460 (Bauer-Kahan) State Water Resources Control Board: water rights and usage: civil penalties
Under current law, the diversion or use of water other than as authorized by specified provisions of law is a trespass, subject to specified civil liability. This bill would require the State Water Resources Control Board to adjust for inflation, by January 1 of each year, beginning in 2025, the amounts of civil and administrative liabilities or penalties imposed by the board in water right actions, as specified.

CPPG worked with the Association of California Water agencies (ACWA) in providing City-specific impacts this measure would have to the City. Fortunately, CPPG was able to secure amendments to this bill which moved the City to a Neutral position.

6.8 6.8 Staff Report
222
Status: Chaptered (Chapter 342, Statutes of 2024)
City Position: Neutral
AB 817 (Pacheco) Open meetings: teleconferencing: subsidiary body The Ralph M. Brown Act, requires, with specified exceptions, each legislative body of a local agency to provide notice of the time and place for its regular meetings and an agenda containing a brief general description of each item of business to be transacted.

Current law authorizes the legislative body of a local agency to use alternate teleconferencing provisions during a proclaimed state of emergency (emergency provisions) and, until January 1, 2026, in certain circumstances related to the particular member if at least a quorum of its members participates from a singular physical location that is open to the public and situated within the agency’s jurisdiction and other requirements are met (nonemergency provisions). Current law imposes different requirements for notice, agenda, and public participation, as prescribed, when a legislative body is using alternate teleconferencing provisions. The nonemergency provisions impose restrictions on remote participation by a member of the legislative body and require the legislative body to provide specific means by which the public may remotely hear and visually observe the meeting. This bill, until January 1, 2026, would authorize a subsidiary body, as defined, to use similar alternative teleconferencing provisions and would impose requirements for notice, agenda, and public participation, as prescribed. The bill would require at least one staff member of the local agency to be present at a designated primary physical meeting location during the meeting. The bill would require the local agency to post the agenda at the primary physical meeting location. The bill would require the members of the subsidiary body to visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform, as specified. The bill would also require the subsidiary body to list a member of the subsidiary body who participates in a teleconference meeting from a remote location in the minutes of the meeting. In order to use teleconferencing pursuant to this act, the bill would require the legislative body that established the subsidiary body by charter, ordinance, resolution, or other formal action to make specified findings by majority vote, before the subsidiary body uses teleconferencing for the first time and every 12 months thereafter.

Status: Held in Senate Local Government
City Position: Support
AB 1337 (Wicks) State Water Resources Control Board: water diversion curtailment
Under existing law, the diversion or use of water other than as authorized by specified provisions of law is a trespass, subject to specified civil liability. This bill would expand

6.8 6.8 Staff Report
223
the instances when the diversion or use of water is considered a trespass. This bill contains other related provisions and other existing laws.

Status: Held in Senate Natural Resources and Water
City Position: Oppose
AB 2427 (McCarty) Electric vehicle charging stations: permitting: curbside charging
Current law continues into existence the zero-emission vehicle (ZEV) division within GOBiz as the Zero-Emission Vehicle Market Development Office. Current law references GO-Biz’s Electric Vehicle Charging Station Permitting Guidebook, which recommends best practices for electric vehicle supply equipment permitting. This bill would require the office to develop a model permitting checklist, model zoning ordinances, and best practices for permit costs and permit review timelines to help local governments permit curbside charging stations as part of the office’s development of the Electric Vehicle Charging Station Permitting Guidebook or any subsequent updates. The bill would also require the office to consult with local governments, electric vehicle service providers, and utilities while developing the above-described materials.

Status: Chaptered (Chapter 567, Statutes of 2024)
City Position: Support
AB 2489 (Ward) Local agencies: contracts for special services and temporary help Current law relating to the government of counties authorizes a county board of supervisors to contract for certain types of special services on behalf of the county, any county officer or department, or any district or court in the county. Current law requires those special services contracts to be with persons who are specially trained, experienced, expert, and competent to perform those services. This bill would require the board or a representative, at least 10 months before beginning a procurement process to contract with persons for special services that are currently, or were in the previous 10 years, performed by employees of the county represented by an employee organization, to notify, in writing, the exclusive employee representative of the workforce affected by the contract of its determination to begin that process. The bill would provide that this 10- month notice requirement does not apply in the event of an emergency, as defined. The bill would require persons with whom the board of supervisors enter into a contract for special services to perform functions that are currently, or were in the previous 10 years, performed by employees of the county, any county officer or department, or any district or court in the county represented by an employee organization to use employees who meet or exceed the minimum qualifications and standards required of bargaining unit civil service employees who perform or performed the same job functions, as specified.

6.8 6.8 Staff Report
224
This along with AB 2557 (see below) would have posed considerable operational challenges for the Citty. Fortunately, we were successful working alongside a broad coalition of stakeholders including individual local governments, private sector companies and non-profit organizations to stop AB 2489 from moving this year.

Status: Held in Senate Appropriations
City Position: Oppose
AB 2557 (Ortega) Local agencies: contracts for special services and temporary help: performance reports
Would require, as of July 1, 2025, each county board of supervisors that solicits for and enters into a specified contract for special services, except as specified, to post that contract and any related documents, as specified, on its internet website. The bill would require, as of July 1, 2026, each contract, as described above, to include, among other things, the objectives, desirables, and goals of the contract. The bill would require, before beginning a procurement process to contract for functions, duties, responsibilities, or services, as specified, the board of supervisors, or its representative, to give reasonable written notice to the exclusive employee representative of the workforce affected by the contract of its determination to begin that process. The bill would also require, at least 30 days before the modification or renewal of the above-described contract, the board of supervisors, or its representative, to notify, as specified, the exclusive employee representative of the workforce affected by the contract of the intent to modify or renew the contract.

Despite the fact that this bill has been considerably amended from its introduced version, the bill is still incredibly problematic. A number of local agencies, private businesses and over 100 non-profit organizations remain opposed to this measure. CPPG continues to advocate for the City’s position in an effort to stop this bill from advancing.

Status: Held in Senate Appropriations
City Position: Oppose
SB 366 (Caballero) The California Water Plan: long-term supply targets Would revise and recast certain provisions regarding The California Water Plan to, among other things, require the Department of Water Resources to instead establish a stakeholder advisory committee and to expand the membership of the committee to include tribes, labor, and environmental justice interests. The bill would require the department to coordinate with the California Water Commission, the State Water Resources Control Board, other state and federal agencies as appropriate, and the stakeholder advisory committee to develop a comprehensive plan for addressing the state’s water needs and meeting specified long-term water supply targets established by

6.8 6.8 Staff Report
225
the bill for purposes of The California Water Plan. The bill would require the plan to provide recommendations and strategies to ensure enough water supply for all designated beneficial uses. The bill would require the plan to include specified components, including a discussion of various strategies that may be pursued in order to meet the water supply targets, a discussion of agricultural water needs, and an analysis of the costs and benefits of achieving the water supply targets. The bill would require the department to submit to the Legislature an annual report between updates to the plan that includes progress made toward meeting the water supply targets once established, as specified. The bill would also require the department to conduct public workshops to give interested parties an opportunity to comment on the plan and to post the preliminary draft of the plan on the department’s internet website.

Status: Vetoed by the Governor
City Position: Watch

FULL BILL TEXT TO ANY MEASURE CAN BE FOUND BY GOING TO THE STATE’S LEGISLATIVE INFORMATION WEBSITE: THAT CAN BE ACCESSED BY

CLICKING HERE

BALLOT MEASURES
• Proposition 2
o Proposes a $10 billion school facilities bond, assisting both K-12 schools and community colleges.
o Result: Passed
• Proposition 4
o Proposes a $10 billion “climate bond”.
o Result: Passed
• Proposition 5
o Reduces the local vote threshold requirement from two-thirds (2/3rds) to fifty-five (55) percent for local public infrastructure and affordable housing financing proposals using general obligation bonds paid for with increases in ad valorem property taxes.
o Result: Failed
• Proposition 32
o Increases the state minimum wage from $16 to $18 per hour. o Result: Failed
• Proposition 33
o Prohibits the Legislature from limiting the right of any city or county, to maintain, enact or expand residential rent control.
o Result: Failed
• Proposition 36
o Increases criminal penalties for drug dealers who distribute fentanyl and other hard drugs; increases penalties for repeated theft and shoplifting; allows individuals convicted for possession of fentanyl and other “hard

6.8 6.8 Staff Report
226
drugs” with two prior felony convictions to complete mandatory courtsupervised drug and mental health treatment in lieu of further incarceration. o Result: Passed
For a more detailed explanation of these ballot measures, please see please see Attachment 2 of the August 19, 2024 Staff Report: Link

LOOKING FORWARD
Legislature Composition
On December 2, 2024, the California State Legislature will convene its organizing session. Both incumbents and newly elected members will take their oaths of office, marking the commencement of the new 2025-26 Legislative session. This event signifies the first full turnover of the Legislature since the enactment of Proposition 28 in 2012, which established new twelve-year term limits. Consequently, the past four years have witnessed a considerable turnover among members.

With a total of 34 new members—24 in the Assembly and 10 in the Senate—the new composition for the upcoming session presents both challenges and opportunities. This influx is expected to lead to a surge in the number of measures introduced during the first year of the session. Members will move swiftly to honor campaign promises and vie for recognition as thought leaders in various policy areas.

While the turnover inevitably leads to a dilution of institutional knowledge, it simultaneously opens the door to exciting new prospects. Agencies and advocates will find themselves starting from scratch—cultivating relationships and introducing their priorities to a new class of members ready to influence the legislative landscape for years to come.

As the new two-year legislative session begins, one can expect to see shifts in committee chairs and their compositions. Although formal announcements are still pending, updates regarding policy committees are anticipated between December and early January.

These changes are crucial, as they directly impact which bills will navigate through committees and in what form.

Although committee chairs had less dictatorial power in 2024 compared to previous years, their influence over committee votes remains substantial. Chairs are chosen based on their favorability with chamber leadership and their ability to navigate legislation through the complex legislative process. Both Assembly Speaker Robert Rivas and Senate President pro Tempore Mike McGuire are expected to remain in their leadership roles moving into 2025.

6.8 6.8 Staff Report
227
Continued Budget Deficit
As projected in the final budget released in June 2025, the State will likely continue to see budgetary problems and therefore, additional actions to continue to pass a balanced budget can be expected. In September, California saw significant tax collections, with personal income taxes and corporation taxes both exceeding budget forecasts by 20% and 22%, respectively. Quarterly estimated personal income tax payments were particularly strong, driven by a rise in domestic stock prices. For the fiscal year 2024-25 so far, personal income tax is 11% ahead of forecasts, and corporation taxes are 42% ahead. While this is welcomed news, it’s likely that this revenue boost will primarily benefit public schools due to obligations under Proposition 98.

In early November, it became clear that personal and corporate income taxes for October exceeded 2024 state budget projections by $1.2 billion. For fiscal year 2024-25 to date, income taxes are $5.2 billion above projections, and 2023-24 General Fund revenue receipts were $3.2 billion above projections. Most of the revenue overage is already allocated for school funding obligations, new ballot measures, unmet savings efforts, and future unfunded costs. Additionally, potential federal changes and the Governor’s proposed expansion of the film and television tax credit may impact the state budget going forward.

The Legislature’s non-partisan Legislative Analyst’s Office (LAO) recently released a report estimating that the fiscal year 2024-25 budget solved a $55 billion deficit, which is somewhat higher than the $46.8 billion deficit the Administration had said it had closed.

The LAO attributes this difference to the treatment of baseline spending for schools and community colleges, and stated that the key solutions for addressing the budget include reserve withdrawals, spending reductions, revenue increases, and cost shifts. The Department of Finance is currently working with other agencies to craft the Governor’s fiscal year 2025-26 budget, the proposal for which must be released by January 10, 2025.

For local government, an extended period of state fiscal uncertainty has the potential of cutting both ways. On the one hand, polices that aim to reduce local authority by mandating a new program have the potential of being held due to the state’s budgetary concerns associated with new state reimbursable mandates. On the other hand, the Legislature has a long history of raiding local budgets to close that gap on its own budgetary challenge. Local governments need to remain vigilant in aggressively fighting any attempts by the state to reduce local funding formulas, or other longstanding tools that local agencies rely on to provide critical services.

Special Legislative Session
Given the political dynamics and historical context of the Legislature, along with the Newsom Administration’s response to the impending Trump Administration, a variety of

6.8 6.8 Staff Report
228
new policy initiatives aimed at pushing back against policies that contradict progressive ideals can be anticipated. On November 7, Governor Newsom announced in a press release the convening of an extraordinary session, which is set to begin on December 2, 2024.

Typically, special session bills need to be in print for several days after the session starts, and committee hearings may be expedited compared to those in a regular session. The stated intent of the special session is to “safeguard California values and fundamental rights in the face of an incoming Trump Administration” and to “focus on bolstering California legal resources to protect civil rights, reproductive freedom, climate action, and immigrant families.”
Importantly, by calling a special session, lawmakers are not bound by the usual “bill limit.” This means that they can introduce several measures during the special session, provided they are germane to its purpose, while still advancing their normal number of bills during the regular session. Generally, standing legislative committees must be established for each new regular or extraordinary session, and it is common for special sessions to run concurrently with regular sessions. More broadly, major policy areas of focus for the special legislative session will likely center around the following:

Climate Change and Environmental Policies: One of the most significant areas of focus will likely be environmental policies. California has positioned itself as a leader in climate change action. Under a Trump presidency, which has been characterized by skepticism toward climate science and a rollback of environmental regulations, California’s leadership may further emphasize sustainable practices and push for stronger state-level regulations to counteract federal policies. Initiatives aimed at green energy, emissions reduction, and conservation efforts to gain traction can be expected.

Healthcare: With the Trump Administration’s efforts to repeal or modify the Affordable Care Act (Obamacare), California’s government may react by reinforcing its commitment to healthcare access. This may include expanding Medi-Cal, promoting state-level insurance solutions, or even exploring universal healthcare initiatives, as the state’s population leans towards protecting and expanding healthcare access.

Immigration: California has a large immigrant population and has long opposed hardline immigration policies. The state government is likely to double down on policies that protect undocumented immigrants, such as sanctuary laws, and may actively resist federal immigration enforcement actions, which could manifest in legal challenges against the Trump Administration’s policies.

Social Justice and Equality: Given California’s progressive stance on social issues, a focus on policies promoting racial equity, LGBTQ+ rights, and economic justice can be expected. Any perceived federal efforts that threaten these rights or reverse progress in

6.8 6.8 Staff Report
229
these areas will likely provoke a legislative response aimed at bolstering protections at the state level.

Economic Policies: Economic policies will also be crucial, particularly in addressing any federal tax changes or economic initiatives that could adversely affect California’s diverse economy. The state may aim to protect its own industries, such as tech and entertainment, from any disruptive federal policies.

Anticipated Policy Trends – Regular Legislative Session At the end of the 2023-24 legislative session, there were several policy areas with specific impacts on local agencies that were left unfinished. With no anticipated change to legislative leadership, it is anticipated that emerging policy trends in the regular session will include the following:

Housing: As has been the case during the past several years, housing and land use policy will continue to be a major policy area of focus for the Legislature. During the 2023-2024 legislative session, there were a total of 127 housing related measures advance to the Governor’s desk where he signed 97% into law. However, many of the housing measures introduced in 2024 were aimed primarily at increasing production of market rate developments and reducing local planning discretion.

Despite these legislative efforts, California has yet to realize the production boom that Governor Newsom hoped for when he unveiled his “Marshall Plan for Housing” in 2019, which was a mandate to build 3.5 million new housing units by 2025. Local government planning and land use is often easier for legislators to focus on rather than grappling with the realities of private markets, addressing the lack of adequate energy supply, allocating major funding for subsidized housing, and challenging developers, environmental organizations, and other powerful interest groups. During a press event in September to announce the signing of several housing bills, the Governor, along with several other elected officials, doubled down on the narrative that local agencies bear sole responsibility for California’s housing crisis.

In the summer of 2024, the Assembly Select Committee on Permitting Reform released a “Purpose Statement“ and held its first informational hearing on “Understanding the Permitting Impediments to Addressing the Housing and Climate Crises”. In a statement on the hearing, the chair of the Committee, Assemblymember Buffy Wicks (D-Oakland), stated that the Committee would take “an inclusive, equitable and evidence-based approach to address systemic issues within the state’s permitting processes.” Areas of focus include “permitting impacts on housing, climate resilience, including water and wildfire, and clean energy” across California. The Committee held another informational hearing in October that focused on “Permitting Reform to Facilitate Climate Resiliency.” The Committee, in consultation with Bay Area Council, a business association located in San Francisco, is studying a broad range of permitting processes at the state and local

6.8 6.8 Staff Report
230
levels that it claims act as barriers to private investors. The goal of Committee members would be to eventually introduce legislation that would aim to lower the overall number of permits required for a given project, especially in cases where permits may overlap. A report with recommendations by the Committee will be issued at the culmination of the Select Committee and will provide more insight into potential legislation over the next two-year legislative session.

Given the above, we will likely see housing policy proposals that focus on:
• Increased enforcement and oversight from the Attorney General and the Department of Housing and Community Development, respectively. • Further measures to streamline local permitting.
• Increased production and density measures in single-family neighborhoods. • Reduced local authority on development impact fees.

Energy Package: In the final days of session, the Legislature passed several energy bills designed to cut electric bills and streamline clean energy. However, two bills related to fast-tracking renewable energy projects and increasing oversight of utilities’ wildfire costs did not advance to the Governor’s desk. The California Energy Commission (CEC) has adopted updates to the Building Energy Efficiency Standards, which will take effect on January 1, 2026. These standards aim to improve energy efficiency in newly constructed buildings, renovations, and certain existing buildings. It is likely that the Legislature will continue to advance legislation surrounding clean energy, reducing greenhouse gas emissions, and streamlining energy projects in order to continue to try to meet the Governor’s goal of 100% clean electricity by 2045. The Governor’s plan includes accelerating the development of solar, wind, and battery storage projects, and modernizing the electrical grid to be more resilient and efficient.

Water: Water legislation in 2025 will also continue to focus on several key areas to address the challenges posed by climate change and ensure sustainable water management, including conservation, disaster preparedness and rate assistance for lowincome households. We will likely see more bills that aim to create a more resilient water supply system, protect against extreme weather, and promote long-term sustainability.

In addition, we are likely to see legislation designed to protect the state’s wetlands and add new safeguards for the water supplies of rural communities. Starting January 1, 2025, new regulations will require approximately 400 of California’s largest cities and water districts to develop annual water-use budgets. These budgets will consider factors such as residential indoor and outdoor water use, commercial and industrial landscapes, and allowable water loss from leakage. We could also see legislation in 2025 designed to alter or address any implementation issues that arise from these regulations, such as costs or regulatory hurdles.

AI and Technology: We anticipate that artificial intelligence (AI) will continue to be a “hot” issue going forward in 2025. Legislation addressing several issues of concern regarding AI use, including ethics, data, privacy, surveillance, transparency, job

6.8 6.8 Staff Report
231
displacement, safety, and the environmental impact of the technology will continue to emerge as AI continues to develop and integrate into various aspects of society.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
There is no fiscal impact associated with receiving this report.

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

Attachment 1 – Priority Legislation (as of November 2024)

6.8 6.8 Staff Report
232
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 1 City of Foster City: Priority Legislation as of November 21, 2024 Economic Development
AB 2922 (Garcia) Economic development: capital investment incentive programs. (Chaptered 09/25/2024) Link
Prior law, until January 1, 2024, authorized a county, city and county, or city to establish a capital investment incentive program, pursuant to which the county, city and county, or city was authorized to pay, upon request, a capital investment incentive amount that does not exceed the amount of property tax derived from that portion of the assessed value of a qualified manufacturing facility, as defined, that exceeds $150,000,000 to a proponent of a qualified manufacturing facility for up to 15 years. Prior law required the proponent to enter into a community services agreement with the county, city and county, or city, including, among other things, a job creation plan. This bill would reestablish the authorization for capital investment incentive programs until January 1, 2035. The bill would additionally authorize the above-described capital investment incentive program for proponents of a qualified manufacturing facility with an assessed value that exceeds $25,000,000 and would include additional requirements for the above-described job creation plan for these proponents. The bill would make conforming changes. This bill would declare that it is to take effect immediately as an urgency statute. (Based on 09/25/2024 text) Status: 09/25/2024 - Chaptered by Secretary of State - Chapter 581, Statutes of 2024 Elections, Political Reform and Redistricting
AB 440 (Pellerin) Ballot measures. (Chaptered 07/03/2024) Link (1)Existing law requires a constitutional amendment, bond measure, or other measure submitted to the people by the Legislature to appear on the ballot of the first statewide election occurring at least 131 days after the adoption of the proposal. This bill would call a special election to be

6.8 Attachment 1 - Priority Legislation (as of November 2024) 233
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 2 consolidated with the statewide general election scheduled for November 3, 2026, and would instead require the submission of ACA 13 to the people at that election. This bill contains other related provisions and other existing laws. (Based on 07/03/2024 text) Status: 07/03/2024 - Chaptered by Secretary of State - Chapter 82, Statutes of 2024 Energy and Utilities
AB 2462 (Calderon) Public Utilities Commission: written reports: energy. (Chaptered 09/25/2024) Link
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations and gas corporations. Existing law requires the commission to annually prepare and submit to the Governor and Legislature a written report that contains the commission’s recommendations for actions that can be undertaken during the succeeding 12 months to limit utility cost and rate increases consistent with the state’s energy and environmental goals, including goals for reducing emissions of greenhouse gases, and requires the commission, in preparing the report, to require certain electrical corporations and gas corporations to study and report on measures they recommend be undertaken to limit costs and rate increases. This bill would require that the report also contain recommendations that may take longer than 12 months to implement, but could lead to substantial reductions in monthly electricity and natural gas utility bills, and considerations of how the adoption of decarbonization policies, including electrification, may impact total energy costs borne by consumers, as provided. This bill contains other related provisions and other existing laws. (Based on 09/25/2024 text) Status: 09/25/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 569, Statutes of 2024.

SB 1374 (Becker) Net energy metering. (Vetoed 09/27/2024) Link Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law requires the commission to develop a standard contract or tariff, which may include net energy metering, for eligible customer-generators, as defined, with a renewable electrical generation facility, as defined, that is a customer of a large electrical corporation. Existing law requires, in developing the standard contract or tariff for large electrical corporations, the commission to take specified actions. This bill would require, no later than July 1, 2025, the commission to ensure that any contract or tariff established by the commission pursuant to the above-described provisions for renewable electrical generation facilities configured to serve multiple customers with meters at one or more apartment buildings on a single property, or configured to serve multiple meters of a single customer on a public school property, or a set of contiguous public school properties owned, leased, or rented by the public school customer, meets certain requirements, as specified. The bill would require the commission, no later than July 1, 2026, to ensure that any contract or tariff established by the commission pursuant to a specified commission decision meets specified requirements, as

6.8 Attachment 1 - Priority Legislation (as of November 2024) 234
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 3 provided. The bill would make these provisions inoperative on July 1, 2033. This bill contains other related provisions and other existing laws. (Based on 09/04/2024 text) Status: 09/27/2024 - Vetoed by the Governor. In Senate. Consideration of Governor's veto pending.

Calendar: 11/29/24 #42 S-GOVERNOR'S VETOES
SB 1418 (Archuleta) Hydrogen-fueling stations: expedited review. (Chaptered 09/25/2024) Link Existing law, the Planning and Zoning Law, requires every city, county, and city and county to administratively approve an application to install electric vehicle charging stations and hydrogenfueling stations through the issuance of a building permit or similar nondiscretionary permit.

Existing law, the Planning and Zoning Law, requires each city, county, and city and county to adopt an ordinance that creates an expedited, streamlined permitting process for electric vehicle charging stations. Existing law authorizes a city, county, or city and county developing an ordinance to refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist,” as specified. Existing law requires a city, county, and city and county, in developing the expedited permitting process, to adopt a checklist of all requirements with which electric vehicle charging stations must comply to be eligible for expedited review. For these purposes, existing law defines “hydrogen-fueling station” to mean the equipment used to store and dispense hydrogen fuel to vehicles according to industry codes and standards that is open to the public. Existing law requires a hydrogen-fueling station to meet certain requirements, including any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures. This bill would modify the definition of “hydrogen-fueling station” to mean the equipment and structural design components necessary to ensure the safety of the fueling station, including hydrogen-refueling canopies, that are used to store and dispense hydrogen fuel to vehicles according to industry codes and standards that are open to the public. This bill would modify the requirements a hydrogen-fueling station must meet to include all applicable state laws and regulations pertaining to hydrogen fueling, including any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures. This bill contains other related provisions and other existing laws. (Based on 09/25/2024 text)
Status: 09/25/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 607, Statutes of 2024.

Environment and Climate
AB 2346 (Lee) Organic waste reduction regulations: procurement of recovered organic waste products. (Chaptered 09/27/2024) Link
Existing law requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to reduce the statewide methane emissions by 40% below 2013 levels by 2030. Existing law requires the

6.8 Attachment 1 - Priority Legislation (as of November 2024) 235
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 4 Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve specified targets for reducing organic waste in landfills, as provided. The department’s organic waste regulations require local jurisdictions to annually procure a quantity of recovered organic waste products and to comply with their procurement targets by directly procuring recovered organic waste products for use or giveaway or by requiring, through a written agreement, that a direct service provider to the jurisdiction procure recovered organic waste products, or both. Those regulations specify the types of recovered organic waste products that a jurisdiction may procure, including compost that is produced at a compostable material handling operation or facility, or a specified digestion facility that composts onsite. Other regulations of the department require all compostable materials handling activities to obtain a facility permit from the department prior to commencing operations and meet other specified requirements, but exclude from those requirements certain activities that the regulations state do not constitute a compostable material handling operation or facility, including the composting of green material, agricultural material, food material, and vegetative food material, and the handling of compostable materials under certain conditions, as provided. This bill would authorize local jurisdictions to count towards their procurement targets compost produced and procured from specified compost operations and specified investments and expenditures related to meeting its procurement target, as provided. The bill would authorize a local jurisdiction to determine a local per capita procurement target using information from a local waste characterization study, as specified. The bill would authorize a local jurisdiction to satisfy its annual procurement obligations by procuring a quantity of recovered organic waste products that meets or exceeds a 5-year procurement target, as specified. The bill would authorize the department, in adopting and revising regulations, to consider other pathways to prioritize local use of compost, as specified. This bill would incorporate additional changes to Section 42652.5 of the Public Resources Code proposed by AB 2514 and AB 2902 to be operative only if this bill and any or all of the other bills are enacted and this bill is enacted last. (Based on 09/27/2024 text)
Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 712, Statutes of 2024.

SB 867 (Allen) Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024. (Chaptered 07/03/2024) Link
The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018, approved by the voters as Proposition 68 at the June 5, 2018, statewide primary election, authorizes the issuance of bonds in the amount of $4,100,000,000 pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program. Article XVI of the California Constitution requires measures authorizing general obligation bonds to specify the single object or work to be funded by the bonds and further requires a bond act to be approved by a 2/3 vote of each house of the Legislature and a majority of the voters. This bill would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024, which, if approved by the voters, would authorize the issuance of bonds in the amount of $10,000,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, drought, flood, and water resilience, wildfire and forest resilience, coastal resilience, extreme heat mitigation, biodiversity and nature-based climate solutions, climate-smart, sustainable, and resilient farms, ranches, and working lands, park creation and outdoor access, and clean air programs. This bill contains other related provisions. (Based on 07/03/2024 text)

6.8 Attachment 1 - Priority Legislation (as of November 2024) 236
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 5 Status: 07/03/2024 - Chaptered by Secretary of State - Chapter 83, Statutes of 2024 SB 1361 (Blakespear) California Environmental Quality Act: exemption: local agencies:
contract for providing services for people experiencing homelessness. (Chaptered 08/19/2024) Link
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts for its requirements, among other things, actions taken by the Department of Housing and Community Development, the California Housing Finance Agency, or a local agency not acting as the lead agency to provide financial assistance or insurance for the development and construction of residential housing for persons and families of low or moderate income, as provided. This bill would additionally exempt from CEQA’s requirements actions taken by a local agency to approve a contract for providing services for people experiencing homelessness, as provided. This bill contains other existing laws. (Based on 08/19/2024 text) Status: 08/19/2024 - Chaptered by Secretary of State - Chapter 188, Statutes of 2024 Governmental Operations
AB 2257 (Wilson) Local government: property-related water and sewer fees and assessments:
remedies. (Chaptered 09/25/2024) Link
The California Constitution specifies various requirements with respect to the levying of assessments and property-related fees and charges by a local agency, including notice, hearing, and protest procedures, depending on the character of the assessment, fee, or charge. Existing law, known as the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with these requirements. This bill would prohibit, if a local agency complies with specified procedures, a person or entity from bringing a judicial action or proceeding alleging noncompliance with the constitutional provisions for any new, increased, or extended fee or assessment, as defined, unless that person or entity has timely submitted to the local agency a written objection to that fee or assessment that specifies the grounds for alleging noncompliance, as specified. This bill would provide that local agency responses to the timely submitted written objections shall go to the weight of the evidence supporting the agency’s compliance with the substantive limitations on fees and assessments imposed by the constitutional provisions. The bill would also prohibit an independent cause of action as to the adequacy of the local agency’s responses. This bill would, if the local agency complies with the specified procedures, provide that in any judicial action or proceeding to review, invalidate, challenge, set aside, rescind, void, or annul the fee or assessment for failure to comply with the procedural and substantive requirements of specified constitutional provisions in the fee

6.8 Attachment 1 - Priority Legislation (as of November 2024) 237
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 6 or assessment setting process, the court’s review is limited to a record of proceedings containing specified documents, except as otherwise provided. The bill would provide that this limitation does not preclude any civil action related to a local agency’s failure to implement a fee or assessment in compliance with the manner adopted by the local agency. The bill would make related findings and declarations. (Based on 09/25/2024 text)
Status: 09/25/2024 - Chaptered by Secretary of State - Chapter 561, Statutes of 2024 AB 2455 (Gabriel) Whistleblower protection: state and local government procedures. (Chaptered 09/25/2024) Link
Existing law authorizes a city, county, or city and county auditor or controller to maintain a whistleblower hotline to receive calls from persons who have information regarding fraud, waste, or abuse by local government employees, as specified. Existing law authorizes the auditor or controller to refer calls received on the whistleblower hotline to the appropriate government authority for review and possible investigation. During the initial review of a call, existing law requires the auditor, controller, or other appropriate governmental agency to hold in confidence information disclosed through the whistleblower hotline, as specified. Upon receiving specific information that an employee or local government has engaged in an improper government activity, existing law authorizes a city or county auditor or controller to conduct an investigative audit of the matter, as specified. Existing law requires the identity of the individual or individuals reporting the improper government activity and the subject employee or employees to be kept confidential, except as specified. Existing law defines “fraud, waste, or abuse” to mean any activity by a local agency or employee that is undertaken in the performance of the employee’s official duties, as described, that is in violation of any local, state, or federal law or regulation relating to, among other things, corruption. This bill would also authorize a city, county, or city and county auditor or controller to maintain a whistleblower hotline to receive calls from persons who have information regarding improper governmental activity, and would recast information regarding fraud, waste, or abuse by local government employees as improper governmental activity. The bill would instead authorize a city or county auditor or controller, or auditor’s or controller’s designee, to conduct an investigative audit of the matter upon receiving specific information that an employee or local government has engaged in a fraud, waste, or abuse or improper governmental activity, as specified. The bill would also require the identity of the individual or individuals reporting the fraud, waste or abuse and the subject employee or employees to be kept confidential, except as specified. The bill would expand the above-described duties and authorizations to the auditor’s or controller’s designee, as specified. The bill would revise the definition of “fraud, waste, or abuse” to also define “improper governmental activity,” and expand the scope of those terms to include activity by a local agency, employee, or contractor or subcontractor. This bill contains other related provisions and other existing laws. (Based on 09/25/2024 text) Status: 09/25/2024 - Chaptered by Secretary of State - Chapter 568, Statutes of 2024 AB 2561 (McKinnor) Local public employees: vacant positions. (Chaptered 09/22/2024) Link Existing law, the Meyers-Milias-Brown Act (act), authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations. The act requires the governing body of a

6.8 Attachment 1 - Priority Legislation (as of November 2024) 238
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 7 public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations and to consider fully presentations that are made by the employee organization on behalf of its members before arriving at a determination of policy or course of action. This bill would, as specified, require a public agency to present the status of vacancies and recruitment and retention efforts at a public hearing at least once per fiscal year, and would entitle the recognized employee organization to present at the hearing. If the number of job vacancies within a single bargaining unit meets or exceeds 20% of the total number of authorized full-time positions, the bill would require the public agency, upon request of the recognized employee organization, to include specified information during the public hearing. By imposing new duties on local public agencies, the bill would impose a state-mandated local program. The bill would also include related legislative findings. This bill contains other related provisions and other existing laws. (Based on 09/22/2024 text) Status: 09/22/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 409, Statutes of 2024.

ACA 10 (Aguiar-Curry) Local government financing: affordable housing and public infrastructure: voter approval. (Chaptered 06/27/2024) Link Assembly Constitutional Amendment No. 1 of the 2023–24 Regular Session (ACA 1) would, if adopted by the people, amend Section 4 of Article XIIIA, Section 2 of Article XIIIC, and Section 3 of Article XIIID of, and would add Section 2.5 of Article XIIIC to, the California Constitution, relative to local finance. Under these provisions, ACA 1 would condition the imposition, extension, or increase of a sales and use tax or transactions and use tax imposed in accordance with specified law or a parcel tax by a local government for the purposes of funding the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, including downpayment assistance, or permanent supportive housing, or the acquisition or lease of real property for those purposes, on the proposition proposing that tax being approved by a majority vote of the membership of the governing board of the local government and by 55% of its voters voting on the proposition and the proposition includes specified accountability requirements. ACA 1 would also make conforming changes. This measure would remove the above-described provisions of ACA 1 relating to special taxes and make conforming changes in other provisions of ACA 1. The measure would direct the Secretary of State to make those amendments in ACA 1. This bill contains other related provisions and other existing laws. (Based on 06/27/2024 text)
Status: 06/27/2024 - Chaptered by Secretary of State - Chapter 134, Statutes of 2024 SB 1090 (Durazo) Unemployment insurance: disability and paid family leave: claim administration. (Chaptered 09/28/2024) Link
Existing unemployment compensation disability law requires workers to pay contribution rates based on, among other things, wages received in employment and benefit disbursement, for payment into the Unemployment Compensation Disability Fund, for purposes of compensating in part for the wage loss sustained by any individual who is unable to work due to the employee’s own sickness or injury, among other reasons. Existing law sets forth standards for eligibility to receive unemployment compensation disability benefits. This bill would instead require, for purposes of

6.8 Attachment 1 - Priority Legislation (as of November 2024) 239
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 8 unemployment compensation disability benefits, the issuance of the initial payment for those benefits within 14 days of receipt of the claimant’s properly completed first disability claim or as soon as eligibility begins, whichever is later. The bill would apply the same initial payment issuance schedule applicable to unemployment compensation disability benefits to the paid family leave program and repeal the requirement that eligible workers receive benefits generally in accordance with unemployment and disability compensation law. The bill would make these changes operative when these changes are incorporated in the Employment Development Department’s integrated claims management system as part of the EDDNext project. (Based on 09/28/2024 text) Status: 09/28/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 876, Statutes of 2024.

SB 1441 (Allen) Examination of petitions: time limitations and reimbursement of costs. (Chaptered 09/22/2024) Link
Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, except as provided. Existing law generally includes in the meaning of “public records” any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. Under existing law, certain election petitions are not public records and are not open to inspection except by certain persons. Specifically, existing law authorizes, among other persons, the proponents of a petition found to be insufficient or their designated representative to examine the petition no later than 21 days after certification of the insufficiency. This bill would require the examination to conclude no later than 60 days after it commenced. If the examination does not conclude within 5 business days, the bill would require that the proponents of the examination reimburse the county for any costs incurred to continue the examination, as provided. When an examination continues beyond 5 business days, the bill would require the elections official to estimate at the beginning of each day and the proponent to deposit with the elections official a sum required by the elections official to support the examination for that day. The bill would authorize the return of any money deposited in excess of the cost of the examination and provide that money not required to be refunded be deposited in the appropriate public treasury. This bill contains other related provisions and other existing laws. (Based on 09/22/2024 text)
Status: 09/22/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 479, Statutes of 2024.

Housing and Land Use
AB 1820 (Schiavo) Housing development projects: applications: fees and exactions. (Chaptered 09/22/2024) Link
Existing law requires a city or county to deem an applicant for a housing development project to have submitted a preliminary application upon providing specified information about the proposed project to the city or county from which approval for the project is being sought. Existing law

6.8 Attachment 1 - Priority Legislation (as of November 2024) 240
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 9 requires a housing development project be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted. This bill would authorize a development proponent that submits a preliminary application for a housing development project to request a preliminary fee and exaction estimate, as defined, and would require a city, county, or city and county to provide the estimate within 30 business days of the submission of the preliminary application. For development fees imposed by an agency other than a city, county, or city and county, the bill would require the development proponent to request the fee schedule from the agency that imposes the fee and would require the agency that imposes the fee to provide the fee schedule to the development proponent without delay. The bill would specify that the preliminary fee and exaction estimate is for informational purposes only and does not affect the scope, amount, or time of payment of any fee or exaction, as specified. This bill contains other related provisions and other existing laws. (Based on 09/22/2024 text) Status: 09/22/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 358, Statutes of 2024.

Notes: 4/24/24: Marlene said in an email: "Checked with CDD. Our fees are very transparent and it’s not an issue to provide an estimate – We don’t need to take a position on this one." AB 1886 (Alvarez) Housing Element Law: substantial compliance: Housing Accountability Act. (Chaptered 09/19/2024) Link
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. If the department finds that a draft housing element or amendment does not substantially comply with the Housing Element Law, existing law requires the legislative body of the city or county to either (A) change the draft element or amendment to substantially comply with the Housing Element Law or (B) adopt the draft housing element or amendment without changes and make specified findings as to why the draft element or amendment substantially complies with the Housing Element Law despite the findings of the department. This bill would provide that a housing element or amendment is considered substantially compliant with the Housing Element Law when the local agency has adopted a housing element or amendment, the department or a court of competent jurisdiction determines the adopted housing element or amendment to be in substantial compliance with the Housing Element Law, and the department’s compliance findings have not been superseded by subsequent contrary findings by the department or by a decision of a court of competent jurisdiction or the court’s decision has not been overturned or superseded by a subsequent court decision or by statute. The bill would provide that these provisions are declaratory of existing law and do not alter the interpretation of the terms “substantially complies” or “substantial compliance” as set forth in Section 44 of Chapter 1009 of the Statutes of 1984. This bill contains other related provisions and other existing laws. (Based on 09/19/2024 text) Status: 09/19/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 267, Statutes of 2024.

6.8 Attachment 1 - Priority Legislation (as of November 2024) 241
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 10 AB 1889 (Friedman) Conservation element: wildlife and habitat connectivity. (Chaptered 09/27/2024) Link
Existing law, the Planning and Zoning Law, requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including land use, housing, and conservation elements, as specified. Existing law requires the conservation element to consider the effect of development within the jurisdiction on natural resources located on public lands. This bill would additionally require the conservation element to consider the effect of development within the jurisdiction on the movement of wildlife and habitat connectivity. The bill would require the conservation element, upon the next update of one or more elements on or after January 1, 2028, to, among other things, identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, identify and analyze existing or planned wildlife passage features, and consider the impacts of development and the barriers caused by development to wildlife, as defined, and habitat connectivity. The bill would authorize a city, county, or city and county to incorporate by reference into its general plan an existing plan, including a certified local coastal plan, that meets these requirements. The bill would authorize a city, county, or city and county preparing to update its conservation element to consider incorporating appropriate standards, policies, and feasible implementation programs, consult with specified entities, and consider relevant best available science and the most appropriately scaled scientific information on linkages, corridors, and other locations that are essential to maintain landscape connectivity.

The bill would authorize a city, county, or city and county to consult with other appropriate entities and meet the above-described requirements in a separate component or section of the general plan entitled a wildlife connectivity element. The bill would include related legislative findings and declarations. By adding to the duties of county and city officials in the administration of their land use planning duties, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 09/27/2024 text) Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 686, Statutes of 2024.

AB 1893 (Wicks) Housing Accountability Act: housing disapprovals: required local findings. (Chaptered 09/19/2024) Link
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. Existing law, the Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified. Among these conditions, the act allows a local agency to disapprove a housing development project that is inconsistent with the jurisdiction’s zoning ordinances and general plan land use designation as it existed on the date the application was deemed complete, if the jurisdiction has adopted a revised housing element that is in substantial compliance with the Housing Element Law, as specified. This bill would make various changes to

6.8 Attachment 1 - Priority Legislation (as of November 2024) 242
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 11 that condition. The bill would specify that a local agency may disapprove or condition approval of a housing development project or emergency shelter, as described above, if the local agency makes written findings that on the date the application for the housing development project or emergency shelter was deemed complete the jurisdiction did not have an adopted revised housing element that was in substantial compliance with the Housing Element Law and the housing development project is not a builder’s remedy project, as defined. This bill contains other related provisions and other existing laws. (Based on 09/19/2024 text)
Status: 09/19/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 268, Statutes of 2024.

AB 2023 (Quirk-Silva) Housing element: inventory of land: substantial compliance: rebuttable presumptions. (Chaptered 09/19/2024) Link
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. Existing law requires the housing element to include an inventory of land suitable and available for residential development.

If that inventory of sites does not identify adequate sites to accommodate the need for groups of all household income levels, as provided, existing law requires that the local government rezone sites within 3 years after the date the housing element is adopted or within one year if the local government fails to adopt a housing element that the department finds to be in substantial compliance with the Housing Element Law within 120 days of the statutory deadline to adopt the housing element. This bill, for the 7th and each subsequent revision of the housing element, would require a local government to complete the rezoning of sites within one year of the statutory deadline for the adoption of the housing element or 3 years and 90 days of the statutory deadline if the local government satisfies certain requirements, including submitting a draft element or draft amendment to the department for review within specified timeframes and adopting a draft element or draft amendment that the department finds to be in substantial compliance with the Housing Element Law, as specified. This bill contains other related provisions and other existing laws. (Based on 09/19/2024 text)
Status: 09/19/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 269, Statutes of 2024.

AB 2085 (Bauer-Kahan) Planning and zoning: permitted use: community clinic. (Chaptered 09/28/2024) Link
The Planning and Zoning Law, among other things, authorizes a development proponent to submit an application for a housing development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a

6.8 Attachment 1 - Priority Legislation (as of November 2024) 243
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 12 significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the approval of ministerial projects. This bill would make a development that meets specified objective planning standards, including that, among other things, it is on a parcel that is within a zone where office, retail, health care, or parking are a principally permitted use, a permitted use and would require a local agency to review an application for that development on an administrative, nondiscretionary basis. The bill would require a local agency, within 60 calendar days of receiving an application pursuant to these provisions, to approve or deny the application subject to specified requirements, including that, among other things, if the local agency determines that the development is in conflict with any of the above-described standards, the local agency is required to provide the development proponent written documentation of which standard or standards the development conflicts with, as specified. The bill would provide that a development eligible for approval pursuant to this process is not a “project” for purposes of CEQA, thereby expanding the exemption for ministerial approval of projects under CEQA. By increasing duties on local governments in reviewing and approving these developments, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 09/28/2024 text) Status: 09/28/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 820, Statutes of 2024.

AB 2114 (Irwin) Building standards: exterior elevated elements: inspection. (Chaptered 07/15/2024) Link
Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. Existing law requires the board of an association of a condominium project to cause a visual inspection to be conducted, at least every 9 years, of the exterior elevated elements for which the association has maintenance or repair responsibility.

Existing law requires the inspection to be conducted by a licensed structural engineer or architect.

This bill would additionally authorize a licensed civil engineer to conduct the inspection. This bill contains other related provisions. (Based on 07/15/2024 text) Status: 07/15/2024 - Chaptered by Secretary of State - Chapter 100, Statutes of 2024 AB 2199 (Berman) California Environmental Quality Act: exemption: residential or mixed-use housing projects. (Chaptered 09/19/2024) Link
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. Existing law, until January 1, 2025, exempts from CEQA residential or mixed-use housing projects, as defined, located in unincorporated areas of a county meeting certain requirements, except for residential or mixed-use housing projects if certain conditions exist, as specified. Existing law requires a lead agency, if the lead agency determines that a residential or mixed-use housing project qualifies for this exemption from CEQA and determines to approve or carry out the project, to file a notice of exemption with the Office of Planning and Research and the county clerk in the county in which the project is located. This bill would extend the operation of that exemption until January 1, 2035.

6.8 Attachment 1 - Priority Legislation (as of November 2024) 244
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 13 2032. By also extending the requirement on a lead agency to determine the applicability of the exemption and to file a notice of exemption with the office and the county clerk, this bill would impose a state-mandated local program. The bill would also make this exemption inapplicable to a residential or mixed-use housing project that may cause substantial adverse impact to tribal cultural resources, as defined. This bill contains other related provisions and other existing laws. (Based on 09/19/2024 text)
Status: 09/19/2024 - Chaptered by Secretary of State - Chapter 271, Statutes of 2024 AB 2243 (Wicks) Housing development projects: objective standards: affordability and site criteria. (Chaptered 09/19/2024) Link
Existing law, the Middle Class Housing Act of 2022, provides that a housing development project is an allowable use on a parcel that is within a zone where office, retail, or parking is a principally permitted use, if the proposed development complies with specified requirements. Under that act, one of those requirements is that the project site is 20 acres or less. This bill, if the site is a regional mall, as defined, would instead require that the project site not be greater than 100 acres. This bill contains other related provisions and other existing laws. (Based on 09/19/2024 text) Status: 09/19/2024 - Chaptered by Secretary of State - Chapter 272, Statutes of 2024 AB 2430 (Alvarez) Planning and zoning: density bonuses: monitoring fees. (Chaptered 09/19/2024) Link
Existing law, commonly referred to as the Density Bonus Law, requires a city, county, or city and county to provide a developer that proposes a housing development within the city or county with a density bonus, waivers or reductions of development standards and parking ratios, and other incentives or concessions, as specified, if the developer agrees to construct certain types of housing, including a housing development in which 100% of the units are for lower income households, except that up to 20% of the units in the development may be for moderate-income households, as specified. This bill would prohibit a city, county, or city and county from charging a monitoring fee, as defined, on those types of housing developments if certain conditions are met, except as specified. The bill would provide that, beginning on January 1, 2025, any housing development that is currently placed in service, is subject to monitoring fees, and meets those conditions shall no longer be subject to those fees. By imposing new duties on local governments, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 09/19/2024 text)
Status: 09/19/2024 - Chaptered by Secretary of State - Chapter 273, Statutes of 2024 Position: No Position
Notes: 4/24/24: EN tagged as oppose unless amended. Marlene said in an email: "Foster City recently adopted BMR unit monitoring fees which go into effect from July 1 – We’re fine with the recommended ‘Oppose unless amended to clarify that HCD will assume all monitoring and enforcement duties of developments subject to this measure.’" 6/7/24: EN removed position.

6.8 Attachment 1 - Priority Legislation (as of November 2024) 245
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 14 AB 2533 (Carrillo, Juan) Accessory dwelling units: junior accessory dwelling units:
unpermitted developments. (Chaptered 09/28/2024) Link
Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law prohibits a local agency from denying a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, because the accessory dwelling unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure. Existing law makes those provisions inapplicable to a substandard building, as specified. This bill would instead prohibit a local agency from denying a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit that was constructed before January 1, 2020, for those violations, unless the local agency makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building substandard. The bill would require a local agency to inform the public about the provisions prohibiting denial of a permit for an unpermitted accessory dwelling unit or junior accessory dwelling unit. The bill would require this information to include a checklist of the conditions that deem a building substandard and to inform homeowners that, before submitting a permit application, the homeowner may obtain a confidential third-party code inspection from a licensed contractor. The bill would prohibit a local agency from requiring a homeowner to pay impact fees or connection or capacity charges except under specified circumstances. By imposing additional duties on local agencies, the bill would impose a statemandated local program. The bill would authorize an inspector from a local agency, upon receiving an application for a permit for a previously unpermitted accessory dwelling unit or junior accessory dwelling unit constructed before January 1, 2020, to inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards.

The bill would prohibit the local agency from penalizing an applicant for having the unpermitted accessory dwelling unit and would require the local agency to approve necessary permits to correct noncompliance with health and safety standards. This bill contains other related provisions and other existing laws. (Based on 09/28/2024 text)
Status: 09/28/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 834, Statutes of 2024.

AB 2553 (Friedman) Housing development: major transit stops: vehicular traffic impact fees. (Chaptered 09/19/2024) Link
Existing law, the California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.

6.8 Attachment 1 - Priority Legislation (as of November 2024) 246
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 15 include, among other locations, the intersection of 2 or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

This bill would revise the definition of “major transit stop” to increase the frequency of service interval to 20 minutes. This bill contains other related provisions and other existing laws. (Based on 09/19/2024 text)
Status: 09/19/2024 - Chaptered by Secretary of State - Chapter 275, Statutes of 2024 AB 2632 (Wilson) Planning and zoning: thrift retail stores. (Chaptered 09/27/2024) Link Existing law, the Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning. Existing law authorizes the legislative body, if it deems it to be in the public interest, to amend all or part of an adopted general plan, as provided. Existing law also authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. This bill would prohibit a local agency, as defined, from treating a thrift retail store, as defined, differently from a nonthrift retail store engaged in the sale of new items that are similar to items sold by a thrift retail store for purposes of zoning, development standards, or permitting, except as specified. The bill would allow a local agency to require that thrift retail stores meet certain aesthetic or design standards, as prescribed. The bill would prohibit a local agency from prohibiting a thrift retail store from receiving used and donated items for sale in the store or other thrift retail stores, or reuse or recycling, or both reuse and recycling, through other means. This bill contains other related provisions and other existing laws. (Based on 09/27/2024 text) Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 728, Statutes of 2024.

AB 2667 (Santiago) Affirmatively furthering fair housing: housing element: reporting. (Chaptered 09/19/2024) Link
Existing law requires a public agency to administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing, and take no action that is materially inconsistent with its obligation to affirmatively further fair housing. Existing law defines “affirmatively furthering fair housing” as taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. Existing law requires a housing element to include a program that sets forth a schedule of actions during the planning period, each with a timeline for implementation such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through, among other things, the administration of land use and development controls and the provision of regulatory concessions and incentives. Existing law requires this program to affirmatively further fair housing and consist of specified components, including a summary of fair housing issues in the jurisdiction

6.8 Attachment 1 - Priority Legislation (as of November 2024) 247
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 16 and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity. This bill would require the Department of Housing and Community Development to develop a standardized reporting format for programs and actions taken with regards to the local agency affirmatively further fair housing that enables the reporting of the assessment components described-above, as specified. The bill would require local governments to utilize the standardized reporting format for the 7th and each subsequent revision of the housing element. This bill would require a planning agency, for the 7th and each subsequent revision of the housing element, to make a draft of its inventory of sites required under the Housing Element Law available to the department and the public, post the draft inventory on its internet website, and send a notification email to individuals and organizations that have previously requested notices at least 90 days before the initial adoption of the housing element and at least 7 days before any subsequent adoption submittal if changes have occurred to the inventory of sites. This bill contains other related provisions and other existing laws. (Based on 09/19/2024 text) Status: 09/19/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 277, Statutes of 2024.

AB 2729 (Patterson, Joe) Development projects: permits and other entitlements. (Chaptered 09/27/2024) Link
The Planning and Zoning Law requires each county and each city to adopt a comprehensive, longterm general plan for its physical development, and the development of specified land outside its boundaries, that includes, among other mandatory elements, a housing element. Existing law, the Permit Streamlining Act, among other things, requires a public agency that is the lead agency for a development project to approve or disapprove that project within specified time periods. Existing law extended by 18 months the period for the expiration, effectuation, or utilization of a housing entitlement, as defined, that was issued before, and was in effect on, March 4, 2020, and that would expire before December 31, 2021, except as specified. Existing law provides that if the state or a local agency extended the otherwise applicable time for the expiration, effectuation, or utilization of a housing entitlement for not less than 18 months, as specified, that housing entitlement would not be extended an additional 18 months pursuant to these provisions. This bill would extend by 18 months the period for the expiration, effectuation, or utilization of a housing entitlement, as defined, that was issued before January 1, 2024, and that will expire before December 31, 2025, except as specified. The bill would toll this 18-month extension during any time that the housing entitlement is the subject of a legal challenge. By adding to the duties of local officials with respect to housing entitlements, this bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. This bill contains other related provisions and other existing laws. (Based on 09/27/2024 text)
Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 737, Statutes of 2024.

AB 2904 (Quirk-Silva) Zoning ordinances: notice. (Chaptered 09/27/2024) Link

6.8 Attachment 1 - Priority Legislation (as of November 2024) 248
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 17 Existing law requires the planning commission to hold a public hearing on any zoning ordinance or an amendment to a zoning ordinance that changes any property from one zone to another. Existing law, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, requires notice of the hearing to be, among other things, mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property, as specified. This bill would instead require notice of the planning commission’s hearing on a proposed zoning ordinance or amendment to a zoning ordinance, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, to be published, posted, mailed, and delivered, or advertised, as applicable, at least 20 days before the hearing. This bill contains other related provisions and other existing laws. (Based on 09/27/2024 text) Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 747, Statutes of 2024.

AB 3012 (Grayson) Development fees: fee schedule template: fee estimate tool. (Chaptered 09/27/2024) Link
Existing law, the Permit Streamlining Act, which is part of the Planning and Zoning Law, requires each public agency to provide a development project applicant with a list that specifies the information that will be required from any applicant for a development project. The act requires a city, county, or special district that has an internet website to make available on its internet website certain information, as applicable, including its current schedule of fees and exactions.

This bill would require a city or county that has an internet website to make a fee estimate tool that the public can use to calculate an estimate of fees and exactions, as specified, for a proposed housing development project available on its internet website. The bill would authorize the city or county to choose the format of the fee estimate tool. The bill would require a city or county with a population of greater than 500,000 to meet these requirements on or before July 1, 2031. The bill would require a city or county with a population of 500,000 or fewer to meet these requirements on or before July 1, 2032. By requiring a city or county to include a fee estimate tool on its internet website, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 09/27/2024 text) Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 752, Statutes of 2024.

Position: No Position
Notes: 4/24/24: EN tagged as oppose unless amended. Marlene said in an email: "Good with - An Oppose Unless Amended that shows that we are not opposed to the concept, but rather pose to the costly requirements with shrinking revenues and VLF funding (a key revenue source) seemingly at risk to fund essential services." 6/7/24: EN removed position.

AB 3057 (Wilson) California Environmental Quality Act: exemption: junior accessory dwelling units ordinances. (Chaptered 08/27/2024) Link
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project

6.8 Attachment 1 - Priority Legislation (as of November 2024) 249
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 18 that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts from its requirements the adoption of an ordinance by a city or county to issue a zoning variance, special use permit, or conditional use permit for a dwelling unit to be constructed, or which is attached to or detached from, a primary residence on a parcel zoned for a single-family residence, as provided, or and the adoption of an ordinance to provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. This bill would expand the above CEQA exemption to include the adoption of an ordinance by a city or county to provide for the creation of junior accessory dwelling units in singlefamily residential zones. This bill contains other existing laws. (Based on 08/27/2024 text) Status: 08/27/2024 - Chaptered by Secretary of State - Chapter 210, Statutes of 2024 AB 3093 (Ward) Land use: housing element. (Chaptered 09/19/2024) Link The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. Existing law requires a city or county to provide by April 1 of each year an annual report to, among other entities, the Department of Housing and Community Development. The annual report is required to include, among other things, the city’s or county’s progress in meeting its share of regional housing needs, as specified.

This bill would require a city or county to include in the report on the progress in meeting the city’s or county’s share of regional housing need the progress in meeting the need for the 6th and previous revisions of the housing element. This bill contains other related provisions and other existing laws. (Based on 09/19/2024 text)
Status: 09/19/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 282, Statutes of 2024.

AB 3122 (Kalra) Streamlined housing approvals: objective planning standards and subdivision applications. (Chaptered 09/27/2024) Link
Existing law, the Planning and Zoning Law, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development is subject to a requirement mandating a minimum percentage of below market rate housing based on, among other things, that (1) the locality’s latest production report reflects that there were fewer units of housing issued building permits affordable to either very low income or low-income households by income category than were required for the regional housing needs assessment cycle for that reporting period and (2) the project seeking approval dedicates 50% of the total number of units, as specified, to housing affordable to households making at or below 80% of the area median income. This bill would also include as an objective planning standard that (1) the locality’s latest production report reflects the requirements described above and (2) the project application was submitted prior to January 1, 2019, and the project includes at least 500 units of

6.8 Attachment 1 - Priority Legislation (as of November 2024) 250
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 19 housing, that the project dedicates 20% of the total number of units, as specified, as affordable units, with at least 9% affordable to households making at or below 50% of the area median income and the remainder affordable to households making at or below 80% of the area median income. For these purposes, the bill would include units affordable to acutely low income and extremely low income households, as those terms are defined, as units affordable to very low income households, as that term is referenced. This bill contains other related provisions and other existing laws. (Based on 09/27/2024 text)
Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 754, Statutes of 2024.

AB 3177 (Carrillo, Wendy) Mitigation Fee Act: land dedications: mitigating vehicular traffic impacts. (Chaptered 09/22/2024) Link
Existing law, the Mitigation Fee Act, imposes various requirements with respect to the establishment, increase, or imposition of a fee by a local agency as a condition of approval of a development project. Existing law requires a local agency that imposes a fee on a housing development for the purpose of mitigating vehicular traffic impacts to set the rate for the fee to reflect a lower rate of automobile trip generation if the housing development satisfies specified characteristics, including that the housing development is located within 1/2 mile of a transit station, as specified. Existing law defines transit station for these purposes to mean a rail or lightrail station, ferry terminal, bus hub, or bus transfer station. This bill would instead require the housing development to be located within a transit priority area, as specified, for purposes of a local agency setting the rate for a mitigating vehicular traffic impacts fee to reflect a lower rate of automobile trip generation. The bill would define “transit priority area” as an area within 1/2 mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program or applicable regional transportation plan. This bill would prohibit a local agency from imposing a land dedication requirement, as defined, on a housing development to widen a roadway if the land dedication requirement is for the purpose of mitigating vehicular traffic impacts, achieving an adopted traffic level of service related to vehicular traffic, or achieving a desired roadway width.

The bill, notwithstanding that prohibition, would authorize a local agency to, among other things, impose a land dedication requirement on a housing development if the housing development is not located in a transit priority area and the housing development has a linear street frontage of 500 feet or more. This bill contains other related provisions and other existing laws. (Based on 09/22/2024 text)
Status: 09/22/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 436, Statutes of 2024.

SB 7 (Blakespear) Regional housing need: determination. (Chaptered 09/19/2024) Link The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, which includes, among other mandatory elements, a housing element. That law requires, for the 4th and subsequent revisions of the housing element, the Department of Housing and Community Development (department) to determine the existing and projected need for housing for each region, as specified. That law

6.8 Attachment 1 - Priority Legislation (as of November 2024) 251
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 20 requires the department, in consultation with the council of governments, to determine the existing and projected need of housing for each region in a specified manner. That law requires the department’s determination to be based upon population projections produced by the Department of Finance, as specified. That law also requires the department to meet and consult with the council of governments regarding the assumptions and methodologies to be used to determine each region’s housing need and requires the council of governments to provide data assumptions from the council of governments’ projections, as specified. That law authorizes the department to accept or reject the information provided by the council of governments and, after consultation with each council of governments, to make determinations on the council of governments’ data assumptions and the methodology the department will use to determine each region’s housing need. That law requires the department to provide its determinations to each council of governments, as specified. That law, upon making that determination, authorizes the council of governments to object to the determination. This bill, for regions in which the department is required to distribute the regional housing need, would prohibit a city or county from filing an objection to the regional housing need determination. The bill would also make conforming changes. This bill contains other related provisions and other existing laws. (Based on 09/19/2024 text)
Status: 09/19/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 283, Statutes of 2024.

SB 450 (Atkins) Housing development: approvals. (Chaptered 09/19/2024) Link The Planning and Zoning law requires a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided. Existing law authorizes a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, except as specified, on the proposed housing development. Existing law authorizes a local agency to deny a proposed housing development if specified conditions are met, including that the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, as provided. This bill would remove the requirement that a proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls to be considered ministerially. The bill would prohibit a local agency from imposing objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to development within the underlying zone, but would specify that these provisions do not prohibit a local agency from adopting or imposing objective zoning standards, objective subdivision standards, and objective design standards on the development if the standards are more permissive than applicable standards within the underlying zone. The bill would remove the authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment. The bill would require the local agency to consider and approve or deny the proposed housing development application within 60 days from the date the local agency receives the completed application, and would deem the application approved after that time. The bill would require a permitting agency, if it denies an application, to provide a full set of comments to the applicant with a list of items that are defective

6.8 Attachment 1 - Priority Legislation (as of November 2024) 252
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 21 or deficient and a description of how the application can be remedied by the applicant. This bill contains other related provisions and other existing laws. (Based on 09/19/2024 text) Status: 09/19/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 286, Statutes of 2024.

SB 937 (Wiener) Development projects: fees and charges. (Chaptered 09/19/2024) Link The Mitigation Fee Act regulates fees for development projects, fees for specific purposes, including water and sewer connection fees, and fees for solar energy systems, among others. The act, among other things, requires local agencies to comply with various conditions when imposing fees, extractions, or charges as a condition of approval of a proposed development or development project. The act prohibits a local agency that imposes fees or charges on a residential development for the construction of public improvements or facilities from requiring the payment of those fees or charges until the date of the final inspection or the date the certificate of occupancy is issued, whichever occurs first, except for utility service fees, which the local agency is authorized to collect at the time an application for utility service is received. The act exempts specified units in a residential development proposed by a nonprofit housing developer if the housing development meets certain conditions. This bill would limit the utility service fees exception described above to utility service fees related to connections, and cap those fees at the costs incurred by the utility provider resulting from the connection activities. The bill would extend the above-described exemption for those units in a residential development that meets those conditions to any housing developer. This bill contains other related provisions and other existing laws. (Based on 09/19/2024 text)
Status: 09/19/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 290, Statutes of 2024.

SB 1037 (Wiener) Planning and zoning: housing element: enforcement. (Chaptered 09/19/2024) Link
Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires the Department of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified provisions of that law. The Planning and Zoning Law requires HCD to notify a city, county, or city and county, and authorizes HCD to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the local government has taken action in violation of specified provisions of law. The Planning and Zoning Law also requires, among other things, that an application for a housing development be subject to a specified streamlined, ministerial approval process if the development satisfies certain objective planning standards. The Planning and Zoning Law requires a city or county to bring its general plan into substantial compliance with provisions regulating general plans and specifies timelines under which the city or county is required to bring its zoning ordinance into consistency if the court finds in favor of a plaintiff in an action challenging the validity of a general plan, or any mandatory element thereof, as specified. This bill, in any action brought by the Attorney General or HCD to enforce the adoption of housing element revisions, as specified, or to enforce any state law that requires a city, county, or local agency to ministerially

6.8 Attachment 1 - Priority Legislation (as of November 2024) 253
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 22 approve any planning or permitting application related to a housing development project, as specified, would subject the city, county, or local agency to specified remedies, including a civil penalty of, at minimum, $10,000 per month, and not exceeding $50,000 per month, for each violation, as specified. The bill would require that the penalties set forth in its provisions only apply when the local agency’s acts or omissions, as described, are arbitrary, capricious, or entirely lacking in evidentiary support, contrary to established public policy, unlawful, or procedurally unfair. The bill would require a court to modify certain of its prior orders, including an order directing a city or county to substantially comply with provisions regulating general plans and to bring its zoning ordinance into consistency, to impose, among other things, the maximum penalty specified in these provisions, as provided. The bill would require these civil penalties, as specified, to be deposited into the Building Homes and Jobs Trust Fund for the sole purpose of supporting the development of affordable housing located in the affected jurisdiction, except as provided, and would require that expenditure of any penalty moneys deposited into the fund under these provisions be subject to appropriation by the Legislature. In the event a city, county, or local agency fails to pay civil penalties imposed by the court, the bill would authorize the court to require the Controller to intercept any available state and local funds and direct those funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay, as specified. This bill contains other related provisions. (Based on 09/19/2024 text) Status: 09/19/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 293, Statutes of 2024.

SB 1123 (Caballero) Planning and zoning: subdivisions: ministerial review. (Chaptered 09/19/2024) Link
Existing law, known as the Starter Home Revitalization Act of 2021, among other things, requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets certain requirements, including that the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, is zoned for multifamily residential development, is no larger than 5 acres, as specified, and the newly created parcels are no smaller than 600 square feet, except as provided. Existing law prohibits a local agency from imposing on the housing development an objective zoning standard, objective subdivision standard, or objective design standard that, among other things, physically precludes the development of a project built to specified densities.

This bill would prohibit, if a local agency chooses to permit accessory dwelling units or junior accessory dwelling units, those units from counting as residential units for purposes of the abovedescribed requirement that a housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units. The bill would revise the requirement that the lot be zoned for multifamily residential development and would instead require that the lot either be zoned for multifamily residential dwelling use or vacant, as defined, and zoned for single-family residential development. The bill would require that a vacant lot zoned for single-family residential development is no larger than 11/2 acres, as specified, and that if the parcels are zoned for singlefamily residential use, the newly created parcels are no smaller than 1,200 square feet. The bill would, notwithstanding the prohibition related to physical preclusion of a development described above, authorize a local agency to impose a specified height limit on a lot that is vacant and zoned for single-family residential development. The bill would include in the above-described certain requirements that the proposed subdivision will not result in any existing dwelling unit being

6.8 Attachment 1 - Priority Legislation (as of November 2024) 254
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 23 alienable separate from the title to any other existing dwelling unit on the lot. This bill contains other related provisions and other existing laws. (Based on 09/19/2024 text) Status: 09/19/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 294, Statutes of 2024.

SB 1211 (Skinner) Land use: accessory dwelling units: ministerial approval. (Chaptered 09/19/2024) Link
Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance, to provide for the creation of accessory dwelling units (ADUs) in areas zoned for residential use, as specified.

That law prohibits, if a local agency adopts an ordinance to create ADUs in those zones, the local agency from requiring the replacement of offstreet parking spaces if a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or is converted to, an ADU.

This bill would also prohibit the local agency from requiring the replacement of offstreet parking spaces if an uncovered parking space is demolished in conjunction with the construction of, or is converted to, an ADU. This bill contains other related provisions and other existing laws. (Based on 09/19/2024 text)
Status: 09/19/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 296, Statutes of 2024.

Open Meetings and Transparency
AB 2095 (Maienschein) Publication: newspapers of general circulation. (Vetoed 09/28/2024) Link
Existing law requires various types of notices to be provided in a “newspaper of general circulation,” as that term is defined, in accordance with certain prescribed publication periods and legal requirements. Existing law requires a newspaper of general circulation to meet certain criteria, including publication, a bona fide subscription list of paying subscribers, and printing and publishing at regular intervals in the state, county, or city where publication is to be given. This bill would require any public notice that is legally required to be published in a newspaper of general circulation to be published in the newspaper’s print publication, on the newspaper’s internet website or electronic newspaper available on the internet, and on the statewide internet website maintained as a repository for notices by a majority of California newspapers of general circulation, as specified. This bill would permit a newspaper that does not maintain its own internet website to satisfy these notice requirements by publishing the notice on the statewide internet website and referencing the statewide internet website in its print publication notice. The bill would provide that certain internet website operator errors or temporary outages or service interruptions resulting in an error in the legal notice published do not constitute a defect in publication, if the legal notice appears correctly in the newspaper’s print publication and satisfies all other legal notice requirements. The bill would prohibit a newspaper or the statewide internet website from charging any fee or surcharge specifically to access public notices on their internet website, except as specified. The bill would prohibit a newspaper from charging an additional fee or surcharge

6.8 Attachment 1 - Priority Legislation (as of November 2024) 255
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 24 specifically for posting to the statewide internet website. The bill, until January 1, 2028, would exempt a public notice that is published in a newspaper of general circulation that has 5 or fewer employees from the requirements that the notice be published on the newspaper’s internet website or electronic newspaper and on the statewide internet website. This bill contains other related provisions and other existing laws. (Based on 09/05/2024 text) Status: 09/28/2024 - Vetoed by Governor.

Calendar: 11/29/24 #97 A-VETOED
AB 2302 (Addis) Open meetings: local agencies: teleconferences. (Chaptered 09/22/2024) Link
Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body, as defined, of a local agency be open and public and that all persons be permitted to attend and participate. The act generally requires for teleconferencing that the legislative body of a local agency that elects to use teleconferencing post agendas at all teleconference locations, identify each teleconference location in the notice and agenda of the meeting or proceeding, and have each teleconference location be accessible to the public. Existing law also requires that, during the teleconference, at least a quorum of the members of the legislative body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. Existing law, until January 1, 2026, authorizes the legislative body of a local agency to use alternative teleconferencing in specified circumstances if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda that is open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction, and the legislative body complies with prescribed requirements. Existing law imposes prescribed restrictions on remote participation by a member under these alternative teleconferencing provisions, including establishing limits on the number of meetings a member may participate in solely by teleconference from a remote location, prohibiting such participation for a period of more than 3 consecutive months or 20% of the regular meetings for the local agency within a calendar year, or more than 2 meetings if the legislative body regularly meets fewer than 10 times per calendar year.

This bill would revise those limits, instead prohibiting such participation for more than a specified number of meetings per year, based on how frequently the legislative body regularly meets. The bill, for the purpose of counting meetings attended by teleconference, would define a “meeting” as any number of meetings of the legislative body of a local agency that begin on the same calendar day. This bill contains other related provisions and other existing laws. (Based on 09/22/2024 text) Status: 09/22/2024 - Chaptered by Secretary of State - Chapter 389, Statutes of 2024 AB 2715 (Boerner) Ralph M. Brown Act: closed sessions. (Chaptered 09/14/2024) Link Existing law, the Ralph M. Brown Act, generally requires that all meetings of a legislative body of a local agency be open and public and that all persons be permitted to attend and participate.

Existing law authorizes a legislative body to hold a closed session with specified individuals on, among other things, matters posing a threat to the security of essential public services, as

6.8 Attachment 1 - Priority Legislation (as of November 2024) 256
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 25 specified. This bill would additionally authorize a legislative body to hold a closed session with other law enforcement or security personnel and to hold a closed session on a threat to critical infrastructure controls or critical infrastructure information, as defined, relating to cybersecurity.

This bill contains other related provisions and other existing laws. (Based on 09/14/2024 text) Status: 09/14/2024 - Chaptered by Secretary of State - Chapter 243, Statutes of 2024 Notes: 4/24/24: Marlene said in an email: "I don’t think our Council would feel strongly about this one way or the other. Okay to not take a position."
Public Safety and EMS
AB 1779 (Irwin) Theft: jurisdiction. (Chaptered 08/16/2024) Link Existing law defines types of theft, including petty theft, grand theft, and shoplifting. Existing law also defines the crimes of robbery and burglary. Existing law sets forth specific rules relating to the jurisdiction for the prosecution of theft by fraud, organized retail theft, and receiving stolen property, including that the jurisdiction for prosecution includes the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding or abetting in the commission of a theft offense or other qualifying offense. Existing law jurisdictionally limits prosecution of each of the above to criminal actions brought by the Attorney General. This bill would no longer limit the jurisdictional rules for the above crimes to criminal actions brought by the Attorney General. If a case is brought by someone other than the Attorney General and multiple offenses are committed by the same defendant in multiple jurisdictions, the bill would allow a criminal action to be brought in any of those jurisdictions subject to a hearing on consolidation of the offenses, as specified. The bill would require the prosecution to present written evidence at the hearing that all district attorneys in counties with jurisdiction over the offenses agree to the venue. The bill would require charged offenses from jurisdictions where there is not a written agreement from the district attorney to be returned to that jurisdiction. (Based on 08/16/2024 text)
Status: 08/16/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 165, Statutes of 2024.

AB 1802 (Jones-Sawyer) Crimes: organized theft. (Chaptered 08/16/2024) Link Existing law, until January 1, 2026, makes a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acts in concert with one or more persons to steal merchandise from one or more merchant’s premises or online marketplaces with the intent to sell or return the merchandise for value, acts in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acts as an agent of another to steal merchandise from one or more merchant’s premises or online marketplaces as part of an organized plan to commit theft, or recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake acts of theft. This bill would extend the operation of the

6.8 Attachment 1 - Priority Legislation (as of November 2024) 257
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 26 crime of organized retail theft indefinitely. By extending the operation of an existing crime, this bill would create a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 08/16/2024 text)
Status: 08/16/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 166, Statutes of 2024.

AB 1960 (Rivas, Robert) Sentencing enhancements: property loss. (Chaptered 09/12/2024) Link
State law, repealed as of January 1, 2018, required a court to impose an additional term of imprisonment, as specified, on a person who takes, damages, or destroys property in the commission or attempted commission of a felony, as specified. This bill would, until January 1, 2030, create sentencing enhancements for taking, damaging, or destroying property in the commission or attempted commission of a felony, as specified. By adding new sentencing enhancements, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 09/12/2024 text) Status: 09/12/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 220, Statutes of 2024.

AB 1972 (Alanis) Regional property crimes task force. (Chaptered 08/16/2024) Link Existing law authorizes the Governor to appoint and commission individuals designated by a railroad company to serve as police officers. Existing law, until January 1, 2026, requires the Department of the California Highway Patrol to coordinate with the Department of Justice to convene a regional property crimes task force to identify geographic areas experiencing increased levels of property crimes and assist local law enforcement with resources, such as personnel and equipment. This bill would require the task force to assist railroad police and would specify cargo theft as a property crime for consideration by the regional property crimes task force. This bill would declare that it is to take effect immediately as an urgency statute. (Based on 08/16/2024 text)
Status: 08/16/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 167, Statutes of 2024.

AB 2943 (Zbur) Crimes: shoplifting. (Chaptered 08/16/2024) Link Existing law divides theft into grand theft and petty theft. Existing law punishes petty theft as a misdemeanor while grand theft is punished as either a misdemeanor or a felony. Existing law lists specific types of theft which are grand theft and all other cases of theft as petty theft. Existing law authorizes a person to be charged with grand theft if the property taken exceeds $950 over the course of distinct but related acts. This bill would clarify that those related acts include acts committed against multiple victims or in counties other than the county of the current offense. The bill would also clarify that evidence that distinct acts are motivated by one intention, one general impulse, and one plan may include, but is not limited to, evidence that the acts involve the same

6.8 Attachment 1 - Priority Legislation (as of November 2024) 258
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 27 defendant or defendants, are substantially similar in nature, or occur within a 90-day period. This bill contains other related provisions and other existing laws. (Based on 08/16/2024 text) Status: 08/16/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 168, Statutes of 2024.

AB 3209 (Berman) Crimes: theft: retail theft restraining orders. (Chaptered 08/16/2024) Link Existing law prohibits the theft of merchandise from a retail establishment. Existing law authorizes a court, upon sentencing a person for specified offenses, including stalking and elder abuse, to issue a criminal protective order prohibiting the person from contacting any victim of their offense.

This bill would authorize a court, when sentencing a person for an offense involving theft from a retail establishment, vandalism of a retail establishment, or battery of an employee of a retail establishment, to issue a criminal protective order prohibiting a person from entering the retail establishment, including any parking lots and including other franchise or chain locations of the retail establishment, as specified. The bill would also authorize a prosecuting attorney, city attorney, county counsel, or attorney representing a retail establishment to file a petition for the issuance of a criminal protective order of this type against a person who has been arrested, including, but not limited to, the issuance of a citation in lieu of a custodial arrest, 2 or more times for any of the offenses at the same retail establishment, as specified. The bill would also make conforming changes. The bill would make a violation of these orders punishable as a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program.

This bill contains other related provisions and other existing laws. (Based on 08/16/2024 text) Status: 08/16/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 169, Statutes of 2024.

SB 400 (Wahab) Peace officers: confidentiality of records. (Chaptered 02/29/2024) Link Existing law, the California Public Records Act, generally requires public records to be open for inspection by the public. Existing law provides numerous exceptions to this requirement. Under existing law, the personnel records of peace officers and custodial officers are confidential and not subject to public inspection. Existing law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer. This bill would clarify that this confidentiality does not prohibit an agency that formerly employed a peace officer or custodial officer from disclosing the termination for cause of that officer, as specified. (Based on 02/29/2024 text)
Status: 02/29/2024 - Chaptered by Secretary of State - Chapter 3, Statutes of 2024 SB 905 (Wiener) Crimes: theft from a vehicle. (Chaptered 08/16/2024) Link Existing law defines the crime of burglary to include entering a vehicle when the doors are locked with the intent to commit grand or petit larceny or a felony. Existing law makes the burglary of a vehicle punishable as a misdemeanor or a felony. This bill would make forcibly entering a vehicle, as defined, with the intent to commit a theft or a felony therein a crime punishable by imprisonment in a county jail for a period not to exceed one year or imprisonment in a county jail

6.8 Attachment 1 - Priority Legislation (as of November 2024) 259
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 28 for 16 months, or 2 or 3 years. By creating a new crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 08/16/2024 text)
Status: 08/16/2024 - Chaptered by Secretary of State - Chapter 170, Statutes of 2024 SB 926 (Wahab) Crimes: distribution of intimate images. (Chaptered 09/19/2024) Link Existing law defines certain acts as disorderly conduct, punishable as a misdemeanor. Under existing law, it is disorderly conduct to intentionally distribute or cause to be distributed the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. This bill would make it a crime for a person who is 18 years of age or older to intentionally create and distribute or cause to be distributed any photo realistic image, digital image, electronic image, computer image, computer-generated image, or other pictorial representation of an intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates that was created in a manner that would cause a reasonable person to believe the image is an authentic image of the person depicted, under circumstances in which the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 647 of the Penal Code proposed by AB 1874, AB 1962, and SB 1414, to be operative only if this bill and some or all of those other bills are enacted and this bill is enacted last. This bill contains other related provisions and other existing laws. (Based on 09/19/2024 text)
Status: 09/19/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 289, Statutes of 2024.

SB 982 (Wahab) Crimes: organized theft. (Chaptered 08/16/2024) Link Existing law, until January 1, 2026, makes a person guilty of organized retail theft, punishable as a misdemeanor or a felony, as specified, if the person acts in concert with one or more persons to steal merchandise from one or more merchant's premises or online marketplaces with the intent to sell or return the merchandise for value, acts in concert with 2 or more persons to receive, purchase, or possess merchandise knowing or believing it to have been stolen, acts as an agent of another to steal merchandise from one or more merchant's premises or online marketplaces as part of an organized plan to commit theft, or recruits, coordinates, organizes, supervises, directs, manages, or finances another to undertake acts of theft. This bill would extend the operation of the crime of organized retail theft indefinitely. By extending the operation of an existing crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 08/16/2024 text)

6.8 Attachment 1 - Priority Legislation (as of November 2024) 260
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 29 Status: 08/16/2024 - Chaptered by Secretary of State - Chapter 171, Statutes of 2024 SB 1144 (Skinner) Marketplaces: online marketplaces. (Chaptered 08/16/2024) Link Existing law generally requires an online marketplace to require a high-volume third-party seller on the online marketplace to make certain disclosures. Existing law requires an online marketplace to suspend future sales activity of a high-volume third-party seller that is not in compliance with those information sharing requirements, as specified. Existing law imposes certain information retention and security requirements on an online marketplace and prohibits specified uses of that information. This bill would revise the types of transactions that qualify a third-party seller as a "high-volume third-party seller," for those purposes. Specifically, the bill would remove the conditions that the transactions be made through an online marketplace and that the online marketplace process the payment and, instead, would add the condition that the transactions were made utilizing an online marketplace. The bill would also revise the definition of "online marketplace" by removing the conditions that the above-described features be used by third-party sellers, and that the platform have the above-described contractual relationship with consumers.

This bill contains other related provisions and other existing laws. (Based on 08/16/2024 text) Status: 08/16/2024 - Chaptered by Secretary of State - Chapter 172, Statutes of 2024 SB 1242 (Min) Crimes: fires. (Chaptered 08/16/2024) Link Existing law prohibits unlawfully causing a fire by recklessly setting fire to, burning, or causing to be burned, any structure, forest land, or property. A violation of this prohibition is punishable as either a misdemeanor or a felony. This bill would, for the purposes of sentencing for a violation of these provisions, make it a factor in aggravation that the offense was carried out within a merchant's premises in order to facilitate organized retail theft. By increasing the punishment for a crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 08/16/2024 text)
Status: 08/16/2024 - Chaptered by Secretary of State - Chapter 173, Statutes of 2024 SB 1381 (Wahab) Crimes: child pornography. (Chaptered 09/29/2024) Link Existing law prohibits the production, development, duplication, distribution, or possession, as specified, of matter, in specified formats, that depicts a person under 18 years of age engaging in or simulating sexual conduct, as defined. Existing law separately prohibits this conduct where it is done for consideration or where such matter is shared with a minor. Existing law also prohibits the employment or use of a minor, or the permitting by a parent or guardian of the employment or use of a minor for the production of such matter. Existing law authorizes the forfeiture and destruction of such matter regardless of whether a conviction is sought or obtained. This bill would expand the scope of certain of these provisions to include matter that is digitally altered or generated by the use of artificial intelligence, as such matter is defined. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. This bill contains other existing laws. (Based on 09/29/2024 text)

6.8 Attachment 1 - Priority Legislation (as of November 2024) 261
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 30 Status: 09/29/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 929, Statutes of 2024.

SB 1416 (Newman) Sentencing enhancements: sale, exchange, or return of stolen property. (Chaptered 08/16/2024) Link
Existing law defines types of theft, including petty theft, grand theft, and shoplifting. Existing law also defines the crime of burglary, which consists of entering specified buildings, places, or vehicles with the intent to commit grand or petty theft or a felony. This bill would, until January 1, 2030, create sentencing enhancements for selling, exchanging, or returning for value, or attempting to sell, exchange, or return for value, any property acquired through one or more acts of shoplifting, theft, or burglary from a retail business, if the property value exceeds specified amounts. The bill would additionally make these enhancements apply to any person acting in concert with another person to violate these provisions. By adding new sentencing enhancements, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 08/16/2024 text)
Status: 08/16/2024 - Chaptered by Secretary of State - Chapter 174, Statutes of 2024 Revenue and Taxation
AB 2061 (Wilson) Sales and Use Tax: exemptions: zero-emission public transportation ferries. (Vetoed 09/27/2024) Link
Existing sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. Those laws provide various exemptions from those taxes. This bill, beginning January 1, 2025, and until January 1, 2030, would exempt from those taxes the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, zero-emission public transportation ferries, as defined, sold to a public agency, as specified. This bill contains other related provisions and other existing laws. (Based on 08/28/2024 text) Status: 09/27/2024 - Vetoed by Governor.

Calendar: 11/29/24 #76 A-VETOED
SB 1072 (Padilla) Local government: Proposition 218: remedies. (Chaptered 09/20/2024) Link The California Constitution sets forth various requirements for the imposition of local taxes. The California Constitution excludes from classification as a tax assessments and property-related fees imposed in accordance with provisions of the California Constitution that establish requirements for those assessments and property-related fees. Under these requirements, an assessment is prohibited from being imposed on any parcel if it exceeds the reasonable cost of the

6.8 Attachment 1 - Priority Legislation (as of November 2024) 262
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 31 proportional special benefit conferred on that parcel, and a fee or charge imposed on any parcel or person as an incident of property ownership is prohibited from exceeding the proportional cost of the service attributable to the parcel. Existing law, known as the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local compliance with the requirements of the California Constitution for assessments and property-related fees. This bill would require a local agency, if a court determines that a fee or charge for a property-related service, as specified, violates the above-described provisions of the California Constitution relating to fees and charges, to credit the amount of the fee or charge attributable to the violation against the amount of the revenues required to provide the property-related service, unless a refund is explicitly provided for by statute. This bill would declare that its provisions further the purposes and intent of Proposition 218, approved by the voters at the November 5, 1996, statewide general election, and the Proposition 218 Omnibus Implementation Act. (Based on 09/20/2024 text) Status: 09/20/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 323, Statutes of 2024.

Transportation and Public Works
AB 1890 (Patterson, Joe) Public works: prevailing wage. (Vetoed 09/29/2024) Link Existing law defines the term “public works” for the purposes of requirements regarding the payment of prevailing wages, the regulation of working hours, and the securing of workers’ compensation for public works projects. Existing law requires an entity awarding a public works contract, as specified, to provide notice to the Department of Industrial Relations. Existing law requires civil penalties to be imposed on an entity that fails to provide that required notice and authorizes the Labor Commissioner to issue a citation for civil penalties to an entity that fails to provide the required notice. This bill would additionally require the awarding body to provide notice to the department, within 30 days, if there is a change in the identity of a contractor or subcontractor performing the project or, if the total amount of the contract change exceeds specified thresholds. The bill would exempt projects of awarding bodies operating labor compliance programs that are approved and monitored by the department and covered by a valid project labor agreement. By creating new notification requirements for public agencies, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. (Based on 08/26/2024 text)
Status: 09/29/2024 - Vetoed by Governor.

Calendar: 11/29/24 #111 A-VETOED
AB 2037 (Papan) Weights and measures: electric vehicle chargers. (Chaptered 09/27/2024) Link
Existing law regulates advertising that indicates the price of motor vehicle fuel, including electricity sold as a motor vehicle fuel. Existing law requires a county sealer to enforce the advertising requirements. Existing law makes a violation of these provisions a crime. Existing law defines

6.8 Attachment 1 - Priority Legislation (as of November 2024) 263
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 32 “correct,” for purposes of testing and verifying the accuracy of a weighing or measuring device, as a weight or measure or a weighing, measuring, or counting instrument that meets certain tolerance and specification requirements. This bill would, beginning January 1, 2026, authorize a county sealer to test and verify as correct any electric vehicle charger operated by a public agency, as defined, that is located in the county in which the sealer has jurisdiction. The bill would require a county sealer, upon testing and finding that an electric vehicle charger operated by a public agency is incorrect, as defined, to cause it to be marked with the words “out of order” and require the charger to be repaired or corrected, as specified. The bill would authorize a county board of supervisors to charge an annual registration fee for the cost of inspecting and testing an electric vehicle charger operated by a public agency, as specified. The bill would authorize a county sealer to levy a civil penalty against a public agency, or a vendor or entity contracted by the public agency to provide and maintain electric vehicle charger services on behalf of the public agency, that removes or obliterates a tag or device placed on an electric vehicle charger operated by a public agency, as specified. The bill would exempt an electric vehicle charger from testing and verification by a county sealer if it is owned by a local publicly owned electric utility, as defined, and if certain requirements are met. This bill contains other related provisions and other existing laws. (Based on 09/27/2024 text)
Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 692, Statutes of 2024.

AB 2427 (McCarty) Electric vehicle charging stations: permitting: curbside charging. (Chaptered 09/25/2024) Link
Existing law creates the Governor’s Office of Business and Economic Development, known as “GOBiz,” and requires GO-Biz to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing law continues into existence the zero-emission vehicle (ZEV) division within GO-Biz as the Zero-Emission Vehicle Market Development Office. Existing law references GO-Biz’s Electric Vehicle Charging Station Permitting Guidebook, which recommends best practices for electric vehicle supply equipment permitting. This bill would require the office to develop a model permitting checklist, model zoning ordinances, and best practices for permit costs and permit review timelines to help local governments permit curbside charging stations as part of the office’s development of the Electric Vehicle Charging Station Permitting Guidebook or any subsequent updates. The bill would also require the office to consult with local governments, electric vehicle service providers, and utilities while developing the above-described materials.

This bill contains other related provisions and other existing laws. (Based on 09/25/2024 text) Status: 09/25/2024 - Approved by the Governor. Chaptered by Secretary of State - Chapter 567, Statutes of 2024.

Position: Support
Notes: 4/24/24: EN tagged as support. 5/6/24: EN received final letter, submitted to portal, and emailed delegation. 6/5/24: EN reached out to the City about editing the letter to resubmit. 6/6/24:

EN submitted letter to Senate Local Government and Senate Energy. 6/11/24: AS me too'd in

6.8 Attachment 1 - Priority Legislation (as of November 2024) 264
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 33 support in Senate Local Government. 8/27/24: DC sent request for signature letter to the Governor's office.

AB 2813 (Aguiar-Curry) Government Investment Act. (Chaptered 07/18/2024) Link (1)Existing law, known as the Proposition 218 Omnibus Implementation Act, defines various terms and prescribes procedures and parameters for local jurisdictions to comply with specified provisions of the California Constitution. This bill, for purposes of ACA 1, would define “affordable housing” to include rental housing, ownership housing, interim housing, and affordable housing programs such as downpayment assistance, first-time homebuyer programs, and owner-occupied affordable housing rehabilitation programs, that are affordable to households earning up to 150% of countywide median income. The bill would require a local government to ensure that any project that is funded with ACA 1 bonded indebtedness to have an estimated useful life of at least 15 years or 5 years if the funds are for specified public safety facilities, infrastructure, and equipment. The bill would define “public infrastructure” to exclude the construction, reconstruction, rehabilitation, or replacement of a sports stadium or arena where the majority of the use of the facility is for private ticketed activities. The bill would prohibit ACA 1 bonded indebtedness from being used for the acquisition or lease of any real property that has, at the time of acquisition or lease, been improved with one to 4 dwelling units, except as specified. The bill would also prohibit any ACA 1 bonded indebtedness, when added to existing bonded indebtedness of a local government, from exceeding the applicable statutory limit on the maximum amount of bonded indebtedness that a local government is authorized to incur. This bill contains other related provisions and other existing laws. (Based on 07/18/2024 text)
Status: 07/18/2024 - Chaptered by Secretary of State - Chapter 155, Statutes of 2024 SB 532 (Wiener) Parking payment zones. (Chaptered 09/28/2024) Link Existing law allows a local authority to establish parking meter zones and fix the rate of fees for those zones by ordinance. Existing law prohibits a local authority from requiring payment of parking meter fees by a mobile device, as specified. This bill would instead authorize, until January 1, 2033, in the City and County of San Francisco, City of Long Beach, and City of Santa Monica, a local authority to require payment of parking fees by a mobile device, if it meets certain requirements, such as adopting an accessible and equitable parking cash payment plan that does not utilize parking meters or payment centers in parking payment zones to provide reasonably accessible alternative means for payment of parking fees using cash. The bill would also authorize the local authority in the City and County of San Francisco, City of Long Beach, and City of Santa Monica to operate the above-described parking zones for 5 years following the date of creation, in each of the respective entities, of the first mobile device parking payment zone, or until January 1, 2033, whichever is sooner. The bill would specify that a civil fine for parking in a zone that requires payment by mobile device and lacks a parking meter is 1/2 of the civil fine for failing to pay for metered parking. The bill would require a local authority to consult with specified stakeholders in the development of the plan and would require a local authority that adopts a plan and implements a mobile device parking payment zone to provide to its governing body and the Legislature a specified evaluation of the impact of all mobile device parking payment zones implemented by the local authority on equity, accessibility, and costs. (Based on 09/28/2024 text)

6.8 Attachment 1 - Priority Legislation (as of November 2024) 265
1127 11TH STREET, SUITE 300, SACRAMENTO, CA 95814 • 916.974.9270 • PUBLICPOLICYGROUP.COM 34 Status: 09/28/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 858, Statutes of 2024.

Position: No Position
Notes: 07/21/23 | DH: Per City request, RPPG prepared an analysis on this measure, as amended 07/25/23| DH: City likely to adopt an oppose position during the 8/21 council meeting. Tagged as pending oppose. 8/14/23: DH sent the City a draft oppose letter. 8/24/23: EN received final letter and tagged as oppose, submitted to Assembly Appropriations, and emailed delegation. 6/10/24:

Bill gut and amended. EN removed position.

SB 768 (Caballero) California Environmental Quality Act: Department of Housing and Community Development: vehicle miles traveled: study. (Chaptered 09/27/2024) Link The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.

CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. Existing law requires the Office of Planning and Research to prepare, develop, and transmit to the Secretary of the Natural Resources Agency for certification and adoption proposed revisions to guidelines establishing criteria, for purposes of CEQA, for determining the significance of transportation impacts of projects within transit priority areas to promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses. Existing law establishes the Department of Housing and Community Development in the Business, Consumer Services, and Housing Agency and makes the department responsible for administering various housing programs throughout the state. This bill would require the department, in consultation with local governments and other interested parties, as specified, by January 1, 2028, and subject to an appropriation by the Legislature for this purpose, to conduct and post on its internet website a study on how vehicle miles traveled is used as a metric for measuring transportation impacts of housing projects pursuant to CEQA. The bill would require the study to include, among other things, an analysis of the differences in the availability and feasibility of mitigation measures to housing projects for vehicle miles traveled in rural, suburban, urban, and low vehicle miles traveled areas. The bill would repeal those provisions on January 1, 2029. (Based on 09/27/2024 text) Status: 09/27/2024 - Approved by the Governor. Chaptered by Secretary of State. Chapter 773, Statutes of 2024.

Foster City City CouncilDecember 2, 2024

Foster City City Council
December 2, 2024