Agenda packet — Foster City City Council, April 7, 2025 (part 1 of 2)

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

To Attend the Meeting in Person:

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

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

To Observe the Meeting via Teleconference/Video Conference:

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

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

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

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

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

AGENDA
Monday, April 07, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS
SPECIAL MEETING AS FOSTER CITY JOINT POWERS AUTHORITY

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors/FCJPA Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President/Chair Stacy Jimenez

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of April 1319, 2025 as “National Public Safety Telecommunicators Week”

4.2. A Proclamation Declaring the Week of April 2026, 2025 as “National Volunteer Appreciation Week”

4.3. Presentation by OneShoreline CEO Len Materman Regarding San Mateo County Flood and Sea Level Rise Resiliency District

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/FCJPA CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors/FCJPA Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board/Board, staff, or public.

There will be no separate discussion on these items unless a citizen or a Council/Board/Board member so requests. This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.

6.1. City/EMID Special Meeting Minutes of March 10, 2025

6.2. City/EMID Regular Meeting Minutes of March 17, 2025

6.3. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. One (1) to Extend the Term an Additional Year (From May 1, 2025 to April 30, 2026) for an Amount Not to Exceed $35,000 With Pen Media, LLC for Video Technician Services 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 Contract Amendment No. One (1) in the Amount Of $75,000 with 4LEAF Inc. for OnCall Building Services
a) Staff Report
b) Adopt Resolution

6.5. A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the President to Execute Contract Amendment No. One (1) to the Vendor Agreement with Bay City Electric Works in the Amount of $127,978 for the Emergency Generator Replacements Project (CIP 455 705); and Finding Project Exempt from Review Under the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15032 (Class 2Existing Facilities)
a) Staff Report
b) Adopt Resolution

6.6. a) A Resolution of the City Council of the City of Foster City Approving the Memorandum of Understanding of the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829; and b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Memorandum of Understanding for the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829
c) Staff Report
d) Adopt Resolutions

6.7. a) A Resolution of the City Council of the City of Foster City Authorizing Investment of Monies in the Local Agency Investment Fund b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing Investment of Monies in the Local Agency Investment Fund
c) A Resolution of the Board of Directors of the Foster City Joint Powers Authority Authorizing Investment of Monies in the Local Agency Investment Fund
d) Staff Report
e) Adopt Resolutions

7. RESOLUTIONS FOR ADOPTION

7.1. A Resolution of the City Council of the City of Foster City Authorizing (1) Supplemental Appropriation of $35,000 to Account 12408324634297 for the Measure K Emergency Rent Relief Pilot Program; (2) the City Manager to Accept Funds for Reimbursement of Program Expenditures from the County of San Mateo; and (3) Find the Request Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(B)(3)
a) Staff Report
b) Action Adopt Resolution

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on March 5, 2025, March 13, 2025, March 18, 2025, and ACH were processed on March 5, 2025
a) Information Item Only
b) No Action Required

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

10. ADJOURNMENT
The public is invited to attend.

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

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

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

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

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, April 07, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS
SPECIAL MEETING AS FOSTER CITY JOINT POWERS AUTHORITY

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors/FCJPA Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President/Chair Stacy Jimenez

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of April 1319, 2025 as “National Public Safety Telecommunicators Week”

4.2. A Proclamation Declaring the Week of April 2026, 2025 as “National Volunteer Appreciation Week”

4.3. Presentation by OneShoreline CEO Len Materman Regarding San Mateo County Flood and Sea Level Rise Resiliency District

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

6.1. City/EMID Special Meeting Minutes of March 10, 2025

6.2. City/EMID Regular Meeting Minutes of March 17, 2025

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

10. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, April 07, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS
SPECIAL MEETING AS FOSTER CITY JOINT POWERS AUTHORITY

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors/FCJPA Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President/Chair Stacy Jimenez

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of April 1319, 2025 as “National Public Safety Telecommunicators Week”

4.2. A Proclamation Declaring the Week of April 2026, 2025 as “National Volunteer Appreciation Week”

4.3. Presentation by OneShoreline CEO Len Materman Regarding San Mateo County Flood and Sea Level Rise Resiliency District

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

6.1. City/EMID Special Meeting Minutes of March 10, 2025

6.2. City/EMID Regular Meeting Minutes of March 17, 2025

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

10. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, April 07, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS
SPECIAL MEETING AS FOSTER CITY JOINT POWERS AUTHORITY

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors/FCJPA Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President/Chair Stacy Jimenez

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of April 1319, 2025 as “National Public Safety Telecommunicators Week”

4.2. A Proclamation Declaring the Week of April 2026, 2025 as “National Volunteer Appreciation Week”

4.3. Presentation by OneShoreline CEO Len Materman Regarding San Mateo County Flood and Sea Level Rise Resiliency District

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

6.1. City/EMID Special Meeting Minutes of March 10, 2025

6.2. City/EMID Regular Meeting Minutes of March 17, 2025

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

10. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, April 07, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS
SPECIAL MEETING AS FOSTER CITY JOINT POWERS AUTHORITY

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors/FCJPA Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President/Chair Stacy Jimenez

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring the Week of April 1319, 2025 as “National Public Safety Telecommunicators Week”

4.2. A Proclamation Declaring the Week of April 2026, 2025 as “National Volunteer Appreciation Week”

4.3. Presentation by OneShoreline CEO Len Materman Regarding San Mateo County Flood and Sea Level Rise Resiliency District

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

6.1. City/EMID Special Meeting Minutes of March 10, 2025

6.2. City/EMID Regular Meeting Minutes of March 17, 2025

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

10. ADJOURNMENT
The public is invited to attend.

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

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

5 4.1

4.1 Proclamation

6 4.2

4.2 Proclamation

7 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF MARCH 10, 2025

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The duly called and noticed Special Meeting 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) of March 10, 2025 was called to order at 6:30 p.m. at the Emergency Operation Center, 1040 E. Hillsdale Boulevard, Foster City, San Mateo County, California by Mayor/President Jimenez.

ROLL CALL
The Deputy City Clerk called the roll:

PRESENT: Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez.

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City/District Manager; Sofia Mangalam, Community Development Director; and Katherine Estrada, Deputy City Clerk.

PUBLIC
Evan Adams and Shankar Kenkre addressed the City Council in person.

STUDY SESSION
Mayor/President Jimenez recessed the meeting into study session for a discussion to reconsider a Code of Conduct for Elected and Appointed Officials.

City Attorney/District Legal Counsel Stock presented the staff report.

Discussion ensued.

By consensus of the City Council/EMID Board, there was no action taken.

Meeting recessed into study session at 6:34 p.m. and reconvened at 8:36 p.m.

6.1 6.1 Minutes

8 ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Jimenez adjourned the meeting. Meeting adjourned at 8:36 p.m.

6.1 6.1 Minutes

9 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF MARCH 17, 2025

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of March 17, 2025 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 Stacy Jimenez.

This meeting was held as a hybrid meeting.

ROLL CALL
The Deputy City Clerk called the roll:

PRESENT: Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez.

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City/District Manager; Andrew Brozyna, Public Works Director; Sofia Mangalam, Community Development Director; William Sandri, Police Captain; Nate Cruz, Finance Director; Derek Schweigart, Parks and Recreation Director; Diane Pitman, Administrative Services Director; Rob Lasky, IT Manager; Laura Galli, Engineering Manager; Francine Magno, Senior Civil Engineer; Nori Jabba, Housing Coordinator; Helen Gannon, Senior Planner; Katherine Estrada, Deputy City Clerk; and Shuli Chen, Video Technician.

PUBLIC
Sandra Berry addressed the City Council in person regarding the Edgewater Place Shopping Center.

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

6.2 6.2 Minutes

10 City/EMID Consent Calendar

1. City/EMID Regular Meeting Minutes of March 3, 2025;

2. City Ordinance No. 689, “An Ordinance of the City of Foster City Amending Section

2.36.200, “Meetings-Absenteeism” of Chapter 2.36, “Citizens Advisory Committees” of the Foster City Municipal Code to Specify the Number of Absences from Meetings that Would Constitute a Resignation (First Reading on March 3, 2025);”

3. City Resolution No. 2025-14, “A Resolution of the City Council of the City of Foster City Authorizing (1) an Agreement with Fehr and Peers in the Amount of $130,000 for Professional Transportation Planning and Engineering Services for the Foster City Bicycle And Pedestrian Master Plan (BPMP) Project; (2) A Project Contingency in the Amount of $20,000; (3) Designating the Traffic Review Committee as the City’s Bicycle and Pedestrian Advisory Committee; and (4) Finding the Approval Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15306 – Information Collection;”

4. City Resolution No. 2025-15, “A Resolution of the City Council of the City of Foster City Accepting the Work Performed by Shaw Integrated and Turf Solutions, Inc. dba Shaw Sports Synthetic Turf for the Edgewater Park Softball and Soccer Synthetic Turf Resurfacing Project (CIP 301-712) and Directing the City Clerk to File the Notice of Completion”; and

5. City Resolution No. 2025-16, “A Resolution of the City Council of the City of Foster City Authorizing the Appropriation of Funding in the Amount of $30,000 from the San Mateo-Foster City School District, City Capital Project Fund from (Fund 301) to the Street Rehabilitation Project (2024-2025) CIP 301-722; Award of Construction Contract to MCK Services, Inc. (MCK) for the Construction of the Street Rehabilitation Project (2024-2025) CIP301-722; Execution of a Task Order with CSG Consultants for Construction Management, Inspection Services, and Material Testing Services; and Finding the Approval Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15061(B)(3) and 15301(C)—Existing Facilities.”

ITEM REMOVED FROM CONSENT CALENDAR
WYLAND FOUNDATION’S 2025 MAYOR’S CHALLENGE FOR WATER
CONSERVATION. CITY RESOLUTION NO. 2025-17.

Without objection from the City Council, Mayor Jimenez pulled this item from the Consent Calendar.

Discussion ensued.

Motion by Vice Mayor Kiesel, seconded by Councilmember Niederhofer, and carried unanimously, 5-0-0, approving City Resolution No. 2025-17, “A Resolution of the City

6.2 6.2 Minutes

11 Council of the City of Foster City Supporting the Wyland Foundation’s 2025 Mayor’s Challenge for Water Conservation.”

REPORTS

WASTEWATER TREATMENT PLANT MASTER PLAN IMPROVEMENTS PROJECT (CIP 455-652) – CLEAN WATER PROGRAM – UPDATE FOR QUARTER 4 – OCTOBER THOUGH DECEMBER 2024. MINUTE ORDER NO. 2020.

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

Discussion ensued.

Motion by Director Venkat, seconded by Vice President Kiesel, and carried unanimously, 5-0-0, adopting Minute Order No. 2020, to receive and accept the report on the Wastewater Treatment Plant Master Plan Improvements Project (CIP 455-652) – Clean Water Program – Update for Quarter 4 – October through December 2024.

GENERAL PLAN AND HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR 2024. MINUTE ORDER NO. 2021.

Senior Planner Gannon presented the staff report.

Discussion ensued.

Motion by Councilmember Niederhofer, seconded by Councilmember Sullivan, and carried unanimously, 5-0-0, adopting Minute Order No. 2021, to receive and accept the General Plan and Housing Element Annual Progress Report for 2024.

GENERAL PLAN AMENDMENT OF PARKS AND OPEN SPACE AND CONSERVATION ELEMENTS. MINUTE ORDER NO. 2022.

Community Development Director Mangalam introduced Della Acosta, representing Rincon Consultants, Inc., who presented the staff report.

Discussion ensued.

Motion by Councilmember Niederhofer, seconded by Councilmember Venkat, and carried unanimously, 5-0-0, adopting Minute Order No. 2022, to receive and accept the General Plan Amendment of Parks and Open Space and Conservation Elements.

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

6.2 6.2 Minutes

12 City/District Warrants of Demands were Processed and Issued on February 27, 2025.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager Chatwin notified the City Council/EMID Board that he will be out of the office for the week, and Assistant City/District Manager Subhashini will serve as the Acting City/District Manager in his absence.

Councilmember/Director Niederhofer expressed concern regarding the Edgewater Place Shopping Center.

Councilmember/Director Venkat wished a happy St. Patrick’s Day and a happy Purim to those who celebrate. She reminded the public that the Second Harvest Food Bank Free Grocery Program will be held in front of the Foster City Public Library on March 21 from 8:30am to 10:00am.

Councilmember/Director Sullivan wished the public a happy St. Patrick’s Day. He stated he attended the San Mateo Union High School District Board meeting on March 12.

Vice Mayor/Vice President Kiesel stated he attended the Rethink Waste Finance Committee meeting on March 13. He praised the City’s Principal Management Analyst, ‘Andra Lorenz, for her work on the implementation of Rethink Waste’s funding for capital projects.

Mayor/President Jimenez stated she is working with the San Mateo County Supervisors to inform the public on the City’s safety measures in the case of emergencies. She thanked the City’s Public Works staff for working during the poor weather conditions.

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

1. Conference with Labor Negotiators (Government Code Section 54957.6) Agency Designated Representatives: Diane Pitman and Austris Rungis Employee Organization: AFSCME;

2. Conference With Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (One potential case); and

3. Report Out from Closed Session
Meeting recessed into Closed Session at 8:12 p.m. and reconvened at 8:42 p.m.

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

6.2 6.2 Minutes

13 ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Jimenez adjourned the meeting. Meeting adjourned at 8:42 p.m.

6.2 6.2 Minutes

14 DATE: April 7, 2025

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

FROM: Priscilla Schaus, Communications Director/City Clerk Katherine Estrada, Deputy City Clerk
DEPARTMENT: Communications/City Clerk
SUBJECT: CONTRACT AMENDMENT NO. 1 WITH PEN MEDIA, LLC IN THE AMOUNT NOT TO EXCEED $35,000 FOR VIDEO TECHNICIAN
SERVICES FROM MAY 1, 2025 TO APRIL 30, 2026

RECOMMENDATION
It is recommended that the City Council approve the attached resolution to authorize the Mayor to execute Contract Amendment No. 1 with Pen Media, LLC (Pen Media) to extend the term to an additional year (from May 1, 2025 to April 30, 2026) for an amount not to exceed $35,000 for video technician services.

EXECUTIVE SUMMARY
Video technician services ensure the recording and cablecast of City Council and Planning Commission meetings, maintenance of the FCTV Bulletin Board content and functionality, the recording and cablecast of additional events using the vendor's own equipment outside of the City Council Chambers, advisory input and technical troubleshooting on broadcast equipment serviceability, and other tasks associated with maintaining Foster City Television (FCTV) services.

On March 21, 2022, the City entered into an agreement with Pen Media for video technician Services from May 1, 2022 through April 30, 2023 for an amount not to exceed $35,000, with the option to extend for two additional one-year term extensions for a maximum not to exceed amount of $35,000 each additional one-year term extension. The total contract amount for all three years is $105,000. City staff have utilized the two extensions, and the agreement’s final term is set to end on April 30,

6.3 6.3 Staff Report

15 2025. To ensure continuity of services, City staff is recommending the Council authorize Contract Amendment No. 1 (CA #1) with Pen Media in the amount not to exceed $35,000 to extend the agreement until April 30, 2026 for video technician services. Pen Media is currently under contract to perform an equipment upgrade for the Council Chambers, and the project is not yet complete. To maintain continuity through the completion of the project, staff is recommending a contract amendment to extend the current agreement by one year. This will allow Pen Media to complete the equipment upgrade, while staying on as the video technician as they will be able to effectively troubleshoot any equipment issues while staffing the meetings.

In early 2026, staff plans to prepare and issue a Request for Proposal (RFP), review proposals, and present a new multiyear agreement for City Council approval.

BACKGROUND/ANALYSIS
Foster City Television (FCTV) is Foster City's Government Access Cable Television Channel, providing local information to Foster City since 1986. FCTV can be found on Comcast Channel 27, AT&T Channel 99 or streaming on YouTube and the Foster City website. Foster City TV's mission is to serve the people of Foster City by providing accurate and current information about policies, services, and activities of the City government and local events. As an essential part of FCTV, City Council and Planning Commission meetings are recorded and cablecast, with additional regularly scheduled replays. The recording and cablecasting of meetings, as well as other City events, has been provided through a video technician agreement since 2012, following the elimination of a video technician staff position.

The Council Chambers has a well-equipped control room where live City meetings are directed and recorded. All live meetings are typically broadcasted by one (1) Video Technician. This video technician has remote control over six (6) high-definition cameras to capture all of the proceedings inside the Council Chambers – five (5) pan/tilt/zoom cameras plus one (1) ceiling mounted zoom document camera. The video technician also has the capability of monitoring and controlling eleven (11) fixed microphones and up to four (4) wireless microphones. The video technician coordinates audio/visual (A/V) needs for the meeting participants using the Crestron Control system, as well as directs the video switching and monitors audio levels for broadcast and recording. The video technician also maintains the FCTV bulletin board content and functionality, provides advisory input and technical troubleshooting on broadcast equipment serviceability, and other tasks associated with maintaining FCTV services.

The City entered into an agreement for video technician services on March 21, 2022 for May 1, 2022 through April 30, 2023, with the option to extend for two additional one- year term extensions. City staff have utilized the two one-year extensions, and the agreement will end on April 30, 2025.

City staff is recommending the approval of CA #1 with Pen Media to extend the agreement in an amount not to exceed $35,000 for continued video technician services

6.3 6.3 Staff Report

16 through April 30, 2026, which includes the cost for up to 275 meeting hours, with any additional meeting hours billed at $105/hour, engineering maintenance billed at $165/hour, and additional events billed separately. Staff requested a proposal from Pen Media for a one-year extension and has determined the updated cost is reasonable, reflecting a standard CPI increase. The $35,000 amount reflects the flat rate and extra meeting or engineering maintenance hours that may be needed.

Since Pen Media currently staffs each City Council and Planning Commission meeting, the contract amendment would ensure there are no breaks or issues in providing the services to the City. Pen Media also recently installed new A/V equipment in the Council Chambers, making them the most familiar with the current set up and can easily address any technical issues if they arise.

If staff were to issue an RFP at this time, it would take a significant amount of time for a new vendor to understand the City’s needs, the equipment set up and have cross training between the current and new vendor. In early 2026, staff plans to return to the City Council with a request to issue an RFP for a new multiyear video technician services agreement. Staff would then review proposals and bring back a new agreement for City Council approval.

California Environmental Quality Act
The approval of Contract Amendment No. 1 with Pen Media is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

FISCAL IMPACT
Sufficient funds are currently available in Account No. 001-0230-411-4251 for the remainder of FY 2024-25 for the recommended Contract Amendment No. 1 (CA #1).

Additional appropriation in FY 2025-26 will be requested through budget process.

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

Attachment 1 – Resolution
Attachment 2 – Contract Amendment No. 1
Attachment 3 – Pen Media Proposal

6.3 6.3 Staff Report

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7 RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE MAYOR TO EXECUTE CONTRACT AMENDMENT NO. ONE (1) TO EXTEND THE TERM AN ADDITIONAL YEAR (FROM MAY 1, 2025 TO APRIL 30, 2026) FOR AN AMOUNT NOT TO EXCEED $35,000 WITH PEN MEDIA, LLC FOR

VIDEO TECHNICIAN SERVICES

CITY OF FOSTER CITY
WHEREAS, Video Technician services ensure the recording and cablecast of City Council and Planning Commission meetings, maintenance of the FCTV Bulletin Board content and functionality, the recording and cablecast of up to four (4) additional events using the vendor's own equipment outside of the City Council Chambers, advisory input and technical troubleshooting on broadcast equipment serviceability, and other tasks associated with maintaining Foster City Television (FCTV) services; and WHEREAS, the City entered into an agreement with Pen Media, LLC for Video Technician Services on March 21, 2022 from May 1, 2022 through April 30, 2023, with the option to extend for two additional one-year term extensions; and WHEREAS, the City has utilized the two extensions and the current agreement’s final term is set to end on April 30, 2025; and
WHEREAS, to ensure continuity of services, staff recommends executing Contract Amendment No. 1 with a not-to-exceed amount of $35,000 with Pen Media, LLC for video technician services from May 1, 2025 through April 30, 2026; and WHEREAS, Contract Amendment No. 1 will include service at a rate of $28,884 for up to 275 meeting hours annually and allow for additional meeting hours to be billed at $105/hour, engineering support at $165/hour, and recording of additional special events as needed; and
WHEREAS, Contract Amendment No. 1 will ensure there are no breaks in providing services to the City as Pen Media, LLC currently staffs all City Council and Planning Commission meetings and can effectively troubleshoot any equipment issues from the recent equipment update in the Council Chambers; and
WHEREAS, Pen Media is currently under contract to perform an equipment upgrade for the Council Chambers, and the project is not yet complete and in order to maintain continuity through the completion of the project, staff is recommending a contract amendment to extend the current agreement by one year; and WHEREAS, funds are budgeted annually in Account No. 001-0230-411-4251 – Video Technician Contract; and

6.3 Attachment 1 - Resolution

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7 WHEREAS, the approval of Contract Amendment No. 1 with Pen Media is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute Contract Amendment No. 1 in an amount not to exceed $35,000 to the agreement dated March 21, 2022 with Pen Media, LLC for Video Technician Services from May 1, 2025 to April 30, 2026.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 7th day of April, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 1 - Resolution

19 4915-5186-8208 v1

CITY OF FOSTER CITY
CONTRACT AMENDMENT NO. ONE (1)
DATE: April 7, 2025 ACCOUNT NO.: 001-0230-411-4251 PROJECT: VIDEO TECHNICIAN SERVICES
TO: Pen Media, LLC
CHANGE REQUESTED BY: Pen Media, LLC and City of Foster City Based on mutual agreement, the term shall be extended and the following work is hereby included in the Agreement dated March 21, 2022 (“Agreement” or “Contract”) between Pen Media, LLC and the City of Foster City (“City”) and pursuant to Section 18 of the Agreement to add additional work for specified amounts, which are identified as follows:

ORIGINAL CONTRACT AMOUNT $ 105,000
AMOUNT OF CONTRACT AMENDMENT NO. ONE (1) $ 35,000
TOTAL REVISED CONTRACT AMOUNT $140,000.00
The City and Pen Media, LLC agree that section 2 of the Agreement (Term) shall be extended another year for the period of May 1, 2025 to April 30, 2026 for an amount not to exceed $35,000.

Budget adjustments included in this Contract Amendment No. 1:

Extension of Contract

1. Meeting Coverage:
275 meeting hours per year Includes city council, planning commission, special meetings taking place in the council chambers, and updates for the channel / guide.

May 2025 - April 2026 - $28,884 ($2,407 / Month) additional hours at $105 / hour

2. Engineering Maintenance
Maintenance work on the production system by Pen Media
Engineer. 1 hour minimum. 2025 / 2026 - Engineering
Maintenance @ $165 Hour.

3. May 2025 - April 2026 - additional hours at $105
$

35,000
Subtotal $ 35,000
REVISED NOT TO EXCEED CONTRACT AMOUNT $ 140,000

6.3 Attachment 2 - Contract Amendment No. 1

20 4915-5186-8208 v1
Except as specifically modified herein, all other terms and provisions in the Agreement shall remain unchanged.

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

SUBMITTED BY:

PRISCILLA SCHAUS DATE

PROJECT MANAGER
ACCEPTED BY:

BRIDGET MICHELSEN DATE

OWNER, PEN MEDIA, LLC
APPROVAL RECOMMENDED:

ROB LASKY DATE

IT MANAGER
APPROVED FOR CITY:

STACY JIMENEZ DATE
MAYOR
ATTEST:

BY:

PRISCILLA SCHAUS, CITY CLERK
APPROVED AS TO FORM:

BY:

BENJAMIN L. STOCK, CITY ATTORNEY

6.3 Attachment 2 - Contract Amendment No. 1

21 PEN MEDIA for Foster City Meeting Video Coverage – Extension 2025-2026 March 17, 2025 Contract Extension – Video Technician Services All same terms from previous contract apply. This is an updated pricing worksheet for 2025-2026. Section 3 3.2.4. Completed Fee Schedule May 1, 2024 - April 30, 2025 - $27,500 + Maintenance work - CURRENT May 1, 2025 - April 30, 2026 - $28,884 + Maintenance work ($2,407 / month) 3.3. Requirement B - Pricing Sheet A: Meeting Coverage: 275 meeting hours per year Includes city council, planning commission, special meetings taking place in the council chambers, and updates for the channel / guide. May 2024 - April 2025 - $27,500 - Current additional hours at $100 / hour May 2025 - April 2026 - $28,884 ($2,407 / Month) additional hours at $105 / hour B: Engineering Maintenance Maintenance work on the production system by Pen Media Engineer. 1 hour minimum. 2025 / 2026 - Engineering Maintenance @ $165 Hour. 3.3.3. Hourly cost for additional hours, as needed. Meeting Hours over 275 May 2024 - April 2025 - additional hours at $100 May 2025 - April 2026 - additional hours at $105 Pen Media Bridget Michelsen CEO Pen Media March 17, 2025

6.3 Attachment 3 - Pen Media Proposal

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DATE: April 7, 2025

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

FROM: Sofia Mangalam, Community Development Director
Becki Hanan, Senior Management Analyst
DEPARTMENT: Community Development
SUBJECT: CONTRACT AMENDMENT NO. 1 FOR THE AMOUNT NOT TO EXCEED $75,000 WITH 4LEAF, INC. FOR PROFESSIONAL ON-

CALL BUILDING SERVICES

RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution (Attachment 1) authorizing the Mayor to execute Contract Amendment No. 1 to the existing agreement with 4LEAF, Inc. (4Leaf) for professional on-call building services for an additional amount not to exceed $75,000; and find the request exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(3).

EXECUTIVE SUMMARY
The Community Development Department (CDD) is committed to planning, maintaining, and improving the quality of life and public safety of Foster City in keeping with the vision of the City Council in the General Plan and other measures that reflect the City’s heritage as a Master Planned community. CDD is comprised of the Planning/Code Enforcement and Building Divisions.

The Building Division is responsible for ensuring that all construction projects permitted within the City comply with the California Building Code, the Foster City Municipal Code and all other applicable codes and regulations. The Building Division provides permit intake, plan check, and building inspection services to ensure compliance with the California Health and Safety Codes.

6.4 6.4 Staff Report

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The Building Division has a limited staff comprising of six (6) personnel providing services related to all construction permit activity in the City. Limited staffing poses a significant challenge in providing continuous and uninterrupted building division services. To address these challenges, on July 15, 2024, the City Council approved professional on- call building service agreements with 4Leaf and West Coast Code Consultants, Inc. (WC3) in an amount not to exceed $150,000 each to provide coverage during staff absences, ensuring continuity of services, increased flexibility, cost-effectiveness, and enhanced customer satisfaction.

As of February 28, 2025, the City has used approximately $118,437 of the current contract amount of $150,000 for 4Leaf. The current agreement for on-call building services is valid until June of 2026. The remaining unspent appropriation of $31,563 will not be enough to continue using 4Leaf for CBO and building inspection services.

Staff is recommending that the City Council approve Contract Amendment No. 1 to the existing agreement with 4Leaf for an additional amount not to exceed $75,000 to continue using 4Leaf consulting services for on-call building services.

BACKGROUND/ANALYSIS
Currently, the Building Division is staffed by one (1) CBO, one (1) Plans Examiner, two (2) Inspectors, and two (2) Permit Technicians, which proves challenging during staff absences due to vacation, training, illness, and 9/80 off working schedules, as well as filling positions on an interim basis when vacancies arise.

In recent times, there were two (2) vacancies in the building division, and filling them took time.
The CBO position became vacant on March 19, 2024, and the new CBO started on March 17, 2025.
The Permit Technician position became vacant on July 10, 2024, and was filled on December 2, 2024.

For the vacant CBO position and building inspection services when building inspectors were out of the office due to illness or training, staff utilized consultants from 4Leaf to augment staffing needs. For the vacant Permit Technician position and major commercial plan checks, staff utilized consultants from WC3.

As of February 28, 2025, these are the approximate balances for the two (2) on-call building service agreements.

Table 1: On-call building services agreements
Consultant Agreement
Timeline
Agreement
Amount
Remaining
Balance
4Leaf June 30, 2026 $150,000 $31,563
WC3 June 30, 2026 $150,000 $116,869

6.4 6.4 Staff Report

24 8
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As noted earlier, the CBO position became vacant on March 19, 2024, and it took one (1) year to fill the vacant position. During this time, staff extensively used 4Leaf for interim CBO services. Table 1 shows the remaining balance of $31,563, which will not be enough to cover until June 30, 2026. Additional funds are required to continue to use 4Leaf for on-call building services. Funds remaining in the WC3 contract will be utilized for on-call building services, but the contract will not be extended. Instead, staff would like to retain 4Leaf for on-call building services due to the high quality services provided by their consultants and familiarity of their inspector(s) with the ongoing projects.

It shall be noted that there is an unspent personnel budget due to the vacant CBO position (from October 2024 to March 2025, approximately $128,343) to cover the additional proposed contract amendment amount.

Staff is recommending that the City Council approve contract amendment No. 1 to the existing Contract Agreement with 4Leaf for professional on-call building services, for a total amount not to exceed $225,000 (initial contract amount $150,000 plus proposed contract amendment amount $75,000). The unspent CBO salary budget can be used to cover the additional contract amount.

California Environmental Quality Act
CEQA General Rule Exempt per Guideline, Section 15061(b)(3)

FISCAL IMPACT
The unspent personnel budget in the amount of $128,343 from the CBO position within the Building Division can be used to offset the cost of the contract amendment of $75,000; therefore, no additional appropriation is required.

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

Attachment 1 – Resolution
Attachment 2 – 4Leaf, Inc. Contract Amendment No. 1
Attachment 3 – 4Leaf, Inc. Agreement

6.4 6.4 Staff Report

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0 RESOLUTION NO. ____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AMENDMENT NO. 1 TO THE EXISTING AGREEMENT WITH 4LEAF, INC FOR PROFESSIONAL ON-CALL BUILDING SERVICES FOR AN ADDITIONAL AMOUNT NOT TO EXCEED $75,000

AND FIND THE REQUEST EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3)

CITY OF FOSTER CITY
WHEREAS, the Building Division is responsible for ensuring that all construction projects permitted within the City comply with the California Building Code, the Foster City Municipal Code and all other applicable codes and regulations; and WHEREAS, The Building Division has a limited staff comprising of six (6) personnel providing services related to all construction permit activity in the City. Limited staffing poses a significant challenge in providing continuous and uninterrupted building division services; and
WHEREAS, to address these challenges, on July 15, 2024, the City Council approved professional on-call building service agreements with 4LEAF, Inc. (4Leaf) and West Coast Code Consultants, Inc. (WC3) in an amount not to exceed $150,000 each to provide coverage during staff absences, ensuring continuity of services, increased flexibility, cost-effectiveness, and enhanced customer satisfaction; and WHEREAS, as of February 28, 2025, the City has used approximately $118,437 of the current contract amount of $150,000 from 4Leaf and the current agreement for on- call building services is valid until June of 2026; and WHEREAS, the remaining unspent appropriation will not be enough to continue using 4Leaf for building inspection services; and
WHEREAS, there is unspent personnel budget due to the vacant CBO position (from October 2024 to March 2025, approximately $128,343) to cover the additional contract amendment amount; and
WHEREAS, staff is recommending that the City Council approve contract amendment No. 1 to the existing Contract Agreement with 4Leaf for professional on-call building services, for a total amount not to exceed $225,000 (initial contract amount $150,000 + contract amendment of $75,000).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute Contract Amendment No. 1 to the existing Agreement with 4Leaf, section 3 by adding additional amount not to exceed $75,000 for continued on-call professional building services.

6.4 Attachment 1 - Resolution

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0 PASSED AND ADOPTED as a Resolution of the City Council of the City of Foster City at the regular meeting held on the 7th day of April 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:
_______________________________

PRISCILLA SCHAUS, CITY CLERK

6.4 Attachment 1 - Resolution

27 ORIGINAL

CITY OF FOSTER CITY
CONTRACT AMENDMENT NO. ONE (1)
DATE: April 7, 2025 ACCOUNT NO. 001-0820-419-4251 PROJECT NAME: On-Call Building Services
TO: 4Leaf, Inc.

CHANGE REQUESTED BY: 4Leaf, Inc. and City of Foster City Based on mutual agreement, 4Leaf, Inc. and City of Foster City agree to amend the original Agreement dated July 16, 2024 (“Agreement”) pursuant to:

Section 2 of the Agreement to add additional services amount, which are identified as follows:

ORIGINAL CONTRACT AMOUNT $ 150,000
AMOUNT OF CONTRACT AMENDMENT NO. ONE (1) $ 75,000
REVISED CONTRACT AMOUNT $ 225,000
Except as specifically modified herein, all other terms and provisions in the Agreement shall remain unchanged.
4Leaf, Inc. have given careful consideration to the work proposed and hereby agree, if this proposal is approved, to provide all equipment, furnish all materials except as may otherwise be noted above, and to perform all services necessary for the work above specified, and to accept as full payment therefore the prices shown above.

SUBMITTED BY:

Becki Hanan DATE

PROJECT MANAGER
ACCEPTED BY:

Kevin J. Duggan, President DATE
4LEAF, INC.

6.4 Attachment 2 - 4Leaf Contract Amendment No. 1

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1 APPROVAL RECOMMENDED:

Sofia Mangalam DATE

COMMUNITY DEVELOPMENT DIRECTOR
APPROVED FOR CITY:

Stacy Jimenez DATE
MAYOR
ATTEST:

BY:

PRISCILLA SCHAUS, CITY CLERK
APPROVED AS TO FORM:

BY: ___________________________________
BENJAMIN L. STOCK, CITY ATTORNEY

6.4 Attachment 2 - 4Leaf Contract Amendment No. 1

29 4887- 9204- 2585 v1

MASTER SERVICES AGREEMENT
FOR

PROFESSIONAL ON- CALL BUILDING SERVICES
This Agreement is made and entered into as of the 16th day of July, 2024 by and between the City of Foster City hereinafter called " CITY" and 4Leaf, 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 on July 16, 2024 and shall expire on June 30, 2026. ( b) Notwithstanding the provisions of ( a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. ( c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten ( 10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage Docusign Envelope ID: 1C8700EA- 99CC- 44D6- 8C00- A5CDC53B3198

6.4 Attachment 3 - 4Leaf, Inc. Agreement

30 4887- 9204- 2585 v1
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 one hundred and fifty thousand dollars ($ 150, 000). Invoices for amounts in excess of one hundred and fifty thousand dollars ($ 150, 000) shall not be paid unless the performance of services and/ or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager for contracts less than $ 50,000) or City Council ( for contracts $ 50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

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

CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, 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 Docusign Envelope ID: 1C8700EA- 99CC- 44D6- 8C00- A5CDC53B3198

6.4 Attachment 3 - 4Leaf, Inc. Agreement

31 4887- 9204- 2585 v1
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 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 Docusign Envelope ID: 1C8700EA- 99CC- 44D6- 8C00- A5CDC53B3198

6.4 Attachment 3 - 4Leaf, Inc. Agreement

32 4887- 9204- 2585 v1
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 ident ified in this Agreement as CITY’s responsibility.

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

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

11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, Docusign Envelope ID: 1C8700EA- 99CC- 44D6- 8C00- A5CDC53B3198

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

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

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 Docusign Envelope ID: 1C8700EA- 99CC- 44D6- 8C00- A5CDC53B3198

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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.

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: Priscilla Schaus
CONSULTANT: 4Leaf Inc.
2126 Rheem Drive
Pleasanton, CA 94588
kduggan@4leafinc. com
Attention: Kevin J. Duggan

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.

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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.

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,
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lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

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

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

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

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

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

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

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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

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

Kevin J. Duggan, President, 4LEAF
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7/ 25/ 2024 | 12: 27 PM PDT
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EXHIBIT A
Services shall commence on July 16, 2024 and terminate on June 30, 2026 unless otherwise extended in a written agreement by the parties.

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EXHIBIT B

FEE SCHEDULE
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Plan Review Cost Structure:

Plan Review percentage: 65% paid by directly by the applicant to 4LEAF, Inc.

Structural Only Review percentage: 35% paid directly by the applicant to 4LEAF, Inc.

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EXHIBIT C

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

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated July 16, 2024, by and between 4LEAF, 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 pe rformance 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 applicab le 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 sub mission 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 Comm ercial 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 one million dollars ($ 1,000, 000) each occurrence and two million dollars 2,000, 000) aggregate.

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

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

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

Professional Liability Insurance
Professional Liability ( Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than two million dollars ($ 2,000, 000) per occurrence and two million dollars ($ 2,000, 000) aggregate.

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

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

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

3. Insurance terms and conditions:

3.1 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 Docusign Envelope ID: 1C8700EA- 99CC- 44D6- 8C00- A5CDC53B3198

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written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein.

Consultant shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non- renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

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

3.3 If Consultant is, or becomes during the term of this Agreement, self -insured or a member of a self- insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above.

The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above- required coverages.

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

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

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

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

3.8 City may ( but is under no obligation to) secure project- specific insurance, wrap- up insurance, or administer an owner controlled insurance program (" OCIP"), in which case Consultant and its subconsultants shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies.

Consultant' s fees under this Agreement ( and the fee of its subconsultants under sub consultant 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

EXHIBIT C
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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 asinsureds with regard to damagesand defenseof claims arising from: ( Check all that apply)
Insurer Policy
No.

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

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

Other:

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

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

Professional Liability:

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

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

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

CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty ( 30) days' prior written notice ( ten ( 10) days if canceled due to non -payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

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

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

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

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ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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EXHIBIT D
COVID- 19 AMENDMENT/ ATTACHMENT
Consulting Agreement Form)
This COVID- 19 Amendment/ Attachment amends the Agreement between (“ City”) and 4 LEAF Consultant”) dated July 18, 2023.

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

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

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

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

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

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

3. Compliance with COVID- 19 Proclamations.

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the Services. The cost of such compliance is non- compensable, except as otherwise expressly stated herein.

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

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

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

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

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

8. Monitoring and Reporting. City may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID- 19 symptoms, including but not limited to cough, fever above 100. 4 degrees Fahrenheit and shortness of breath. Consultant shall immediately report to City any outbreaks of COVID- 19 among its workers. The Consultant shall not knowingly allow any worker who has tested positive with COVID- 19 to enter a City building. In the event of an outbreak or an exposure to COVID- 19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.

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

Signatures on Next Page]
Docusign Envelope ID: 1C8700EA- 99CC- 44D6- 8C00- A5CDC53B3198

6.4 Attachment 3 - 4Leaf, Inc. Agreement

55 4887- 9204- 2585 v1
IN WITNESS WHEREOF, the City and Consultant have executed this Covid- 19 Amendment as of the date set forth above.

CONSULTANT: CITY:

Signature Signature
Kevin J. Duggan Patrick Sullivan
President Mayor
Docusign Envelope ID: 1C8700EA- 99CC- 44D6- 8C00- A5CDC53B3198

6.4 Attachment 3 - 4Leaf, Inc. Agreement

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DATE: April 7, 2025

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

FROM: Andrew Brozyna, Public Works Director
Laura Galli, Engineering Manager
Francine Magno, Senior Civil Engineer
Jerrick Carandang, Associate Engineer
DEPARTMENT: Public Works
SUBJECT: CONTRACT AMENDMENT NO. ONE (1) TO THE VENDOR

AGREEMENT WITH BAY CITY ELECTRIC WORKS IN THE
AMOUNT OF $127,978 FOR THE EMERGENCY GENERATOR
REPLACEMENTS PROJECT (CIP 455-705)

RECOMMENDATION
It is recommended that the EMID Board of Directors adopt the attached resolution authorizing the President to execute Contract Amendment No. One (1) to the vendor agreement with Bay City Electric Works (BCEW) in the amount of $127,978 for the Emergency Generator Replacements Project (CIP 455-705).

EXECUTIVE SUMMARY
At the August, 19, 2024 Board Meeting, the District Board adopted EMID Resolution No. 3772 authorizing a vendor agreement to BCEW for the purchase of three (3) generators and two (2) Automatic Transfer Switches (ATS) for Lift Stations 22, 29, and 59 in the amount of $1,587,158. As a result of the Bay Area Air Quality Management District’s (BAAQMD) recent revision of regulatory permit requirements for diesel engine generators of 50 Horsepower (hp) or more to meet Tier 4 emissions standards, the generators for Lift Station 22 and 29 in the original agreement were impacted. The attached Contract Amendment No. One (1) addresses the costs associated with replacing the LS 22 and LS 29 generators specified in the original agreement with generators that meet Tier 4

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emission standards and comply with revised BAAQMD regulatory requirements. Funding is available for this amendment in the approved project budget for the Emergency Generator Replacement Project (CIP 455-705).

BACKGROUND
CIP 455-705 consists of the replacement of generators and ATSs at ten (10) of the District’s lift stations. Three (3) of the lift stations were prioritized due to their equipment reaching the end of their service life. Due to the long lead time for the equipment, a separate equipment procurement was performed prior to the award of the construction contract to minimize the effects of supply chain issues including potential future price increases and potential delay claims by the installation contractor.

On May 20, 2024, the District Board adopted EMID Resolution No. 3757 approving the equipment procurement bid package and authorizing the call for bids for three (3) generators and two (2) ATSs for Lift Stations 22, 29, and 59.

On August 19, 2024, the District Board adopted EMID Resolution No. 3772 authorizing a vendor agreement with Bay City Electric Works for the purchase of three (3) generators and two (2) ATSs for Lift Stations 22, 29, and 59 in the amount of $1,587,158.

In November 2024, during the submittal review of the generators, staff was made aware of an upcoming potential change to the BAAQMD regulatory permit requirements. The permit revision would require diesel engine generators with 50 Horsepower (hp) and above to meet Tier 4 emissions standards, which are a set of emissions requirements established by the U.S. Environmental Protection Agency (EPA). At the time of vendor agreement award, only diesel engines with 1000 hp and above were required to meet Tier 4 emission standards. The generators for LS 22 and LS 29 specified in the original agreement are 200 hp and 215 hp, respectively and are not Tier 4 certified and would be adversely impacted by these new regulations should they be implemented. The generator for LS 59 was already specified to comply with Tier 4 emission standards and would not be affected by the new regulations. In order to avoid purchasing generators that had the potential not to meet anticipated regulatory permit changes, the City’s consultant recommended the City proceed with submittal review for LS 59 while additional inquiries to determine the likelihood of the new requirements taking effect were performed.

On January 17, 2025, BAAQMD officially revised their regulatory permit requirements for diesel engine generators with 50 hp and above to meet Tier 4 emissions standards.

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ANALYSIS
The District is required to obtain authority from BAAQMD to construct and to obtain a permit to operate for each generator installation. On January 17, 2025, BAAQMD determined that the Best Available Control Technology (BACT) for small to medium size standby diesel generators was available to meet the EPA’s Tier 4 emissions standards.

The BACT determination applies to generator engines from 50 hp up to 1,000 hp. This determination impacts the 2 (two) generators previously approved to be purchased at Lift Stations 22 and 29.

Staff initiated a meeting with Freyer & Laureta, Inc. (F&L) (Design Consultant) and BCEW to discuss mitigation options with respect to the regulatory permit changes. BCEW presented two options. The first option was to retrofit the originally specified generators to bring them to Tier 4 compliance; the second option was to purchase Tier 4 certified generators. Staff and the design team conducted a cost benefit analysis to determine the best course of action. The price impacts for both options are provided below.

Option 1: Retrofit for Tier 4 Compliance
Option 1 Reso # 3772
Item Description Awarded
Purchase Price
Revised
Pricing for
Retrofitting
% Change Price Difference
Lift Station 22
1 Generator, enclosure
and subbase Diesel
fuel storage tank
$ 72,531 $ 260,031 259% $ 187,500 Lift Station 29
2 Generator, enclosure
and subbase Diesel
fuel storage tank
$ 82,897 $ 270,397 226% $ 187,500 3 Automatic Transfer
Switch $ 40,000 $ 40,000 0% $ - Lift Station 59
4 Generator, enclosure
and subbase Diesel
fuel storage tank
$ 1,321,463 $ 1,321,463 0% $ - 5 Automatic Transfer
Switch $ 41,689 $ 41,689 0% $ - Optional
1 Particulate Matter
Filter $ 28,578 $ - -100% $ (28,578) Total $ 1,587,158 $ 1,933,580 22% $ 346,422 Option 1 would retrofit the originally specified generators to comply with Tier 4 emission standards. The total revised cost in the amount of $1,933,580 is a 22% increase from the original contract award amount. Furthermore, generators that have been retrofitted will have add-on parts that may change the footprint of the generator and would still require

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testing every 3-4 years to maintain compliance with EPA standards. Additionally, testing will cost roughly $30,000-$ 40,000 per test (per generator) over the life of each generator.

Option 2: Purchase Tier 4 Certified generators
Option 2 Reso # 3772
Item Description Awarded
Purchase Price
Revised
Pricing for
Tier 4 certified
% Change Price Difference
Lift Station 22
1 Generator, enclosure
and subbase Diesel
fuel storage tank
$ 72,531 $ 138,803 91% $ 66,272 Lift Station 29
2 Generator, enclosure
and subbase Diesel
fuel storage tank
$ 82,897 $ 173,181 109% $ 90,284 3 Automatic Transfer
Switch $ 40,000 $ 40,000 0% $ - Lift Station 59
4 Generator, enclosure
and subbase Diesel
fuel storage tank
$ 1,321,463 $ 1,321,463 0% $ - 5 Automatic Transfer
Switch $ 41,689 $ 41,689 0% $ - Optional
1 Particulate Matter Filter $ 28,578 $ - -100% $ (28,578) Total $ 1,587,158 $ 1,715,136 8% $ 127,978 Option 2 would replace the generators that were originally specified, with generators that are Tier 4 certified. The total cost in the amount of $1,715,136 is an 8% increase from the original contract award amount. Due to these generators coming “out-of-the box” Tier 4 certified, they would not require any further testing to confirm ongoing EPA Tier 4 requirements.

Staff and the design team concluded that purchasing Tier 4 certified generators (Option 2) is preferred from both a financial and maintenance perspective. This option achieves the goal of complying with EPA Tier 4 requirements while minimizing potential site impacts. Option 2 has a lesser financial impact both upfront and in the future as the certification eliminates the future need for costly compliance testing. In both cases, the Particulate Matter Filter included in the original vendor agreement will no longer be required, offsetting the increased cost of the Tier 4 revisions by approximately $28,000.

The District Board’s approval of the attached resolution will amend BCEW’s vendor agreement to provide for the purchase of Tier 4 certified equipment for Lift Stations 22 and 29. Upon execution, BCEW will provide the necessary submittal documents for review and approval by the District in order to proceed with procurement of the equipment.

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CALIFORNIA ENVIRONMENTAL QUALITY ACT
This action is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.) as this project is exempt from the provisions of CEQA as a Class 2 (Replacement or Reconstruction) because this project will be a replacement of existing facilities on the same site for the same purpose and capacity as the structure being replaced.

FISCAL IMPACT
Funding in the amount of $127,978 for Contract Amendment No. 1 to the Vendor Agreement is available in the approved project budget for the Emergency Generator Replacement Project (CIP 455-705).

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

Attachment 1 – Resolution
Attachment 2 – Contract Amendment No. One (1)

6.5 6.5 Staff Report

61 RESOLUTION NO.

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AUTHORIZING THE PRESIDENT TO EXECUTE CONTRACT AMENDMENT NO. ONE (1) TO THE VENDOR AGREEMENT WITH BAY CITY ELECTRIC WORKS IN THE AMOUNT OF $127,978 FOR THE EMERGENCY GENERATOR REPLACEMENTS PROJECT (CIP 455-705); AND FINDING PROJECT

EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15032 (CLASS 2-

EXISTING FACILITIES)

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, on August 19, 2024, the District Board adopted EMID Resolution No. 3772 authorizing an agreement with Bay City Electric Works for the purchase of three (3) generators and two (2) Automatic Transfer Switch (ATSs) in the amount of $1,587,158; and
WHEREAS, on January 17, 2025, Bay Area Air Quality Management District (BAAQMD) revised their regulatory permit requirements for diesel engine generators with 50 Horsepower (hp) and above to Tier 4 emissions standards; and WHEREAS, the generators for LS 22 and 29 specified in the original agreement are 200 hp and 215 hp respectively, and would no longer comply with BAAQMD emissions standards; and
WHEREAS, Contract Amendment No. One (1) in the amount of $127,978 will allow for the purchase of EPA Tier 4 certified generators for Lift Stations 22 and Lift station 29; and
WHEREAS, funding for this amendment is available in the approved project budget for the CIP 455-705 Emergency Generator Replacement Project budget; and WHEREAS, the project is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.) as this project is exempt from the provisions of CEQA as a Class 2 (Replacement or Reconstruction) because this project will be a replacement of existing facilities on the same site for the same purpose and capacity as the structure being replaced.

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

1. Authorize the President to execute Contract Amendment No. One (1) to the vendor agreement with Bay City Electric Works in the amount of $127,978 for a total contract amount not to exceed $1,715,136 for the Emergency Generator Replacements Project (CIP 455-705); and

6.5 Attachment 1 - Resolution

62 2. Find that project is categorically exempt pursuant to CEQA Guidelines Section 15032 (Class 2 – Existing Facilities).

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 7 th day of April, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.5 Attachment 1 - Resolution

63 ESTERO MUNICIPAL IMPROVEMENT DISTRICT
CONTRACT AMENDMENT NO. ONE (1)
DATE: APRIL 7, 2025
ACCOUNT NO.: 455-0910-705-4251
PROJECT: EMERGENCY GENERATOR REPLACEMENTS
PROJECT (CIP 455-705)
TO: Bay City Electric Works
CHANGE REQUESTED BY: Bay City Electric Works, and the Estero Municipal Improvement District (EMID)
Based on mutual agreement, the parties agree to amend the Agreement dated August 19th, 2024 (“Agreement”) pursuant to Section 29 of the Agreement to add additional services and products for specified amounts, which are identified as follows:

ORIGINAL CONTRACT AMOUNT $ 1,587,158.00
AMOUNT OF CONTRACT AMENDMENT NO. ONE (1) $ 127,978.00
TOTAL REVISED CONTRACT AMOUNT $ 1,715,136.00
Revised pricing and budget adjustments included in this Contract Amendment No. 1:

Lift Station 22
Generator, enclosed and subbase Diesel fuel storage tank $ 66,272.00
Lift Station 29
Generator, enclosed and subbase Diesel fuel storage tank $ 90,284.00
Optional Bid Item
Particulate Matter Filter
$ (28,578.00)
Subtotal for revised pricing and adjustments for products and labor in this Contract Amendment No. 1
$ 127,978.00
REVISED NOT TO EXCEED CONTRACT AMOUNT $ 1,715,136.00
Except as specifically modified herein, all other terms and provisions in the Agreement shall remain unchanged.

6.5 Attachment 2 - Contract Amendment No. 1

64 Bay City Electric Works have given careful consideration to the work proposed and hereby agree, if this proposal is approved, to provide all equipment, furnish all materials except as may otherwise be noted above, and to perform all services necessary for the work above specified, and to accept as full payment therefore the prices shown above.

SUBMITTED BY:

JERRICK L CARANDANG DATE

PROJECT MANAGER
ACCEPTED BY:

TONY DOMENICI DATE

VICE PRESIDENT OF SALES

BAY AREA ELECTRIC WORKS
APPROVAL RECOMMENDED:

ANDREW BROZYNA DATE

PUBLIC WORKS DIRECTOR
APPROVED FOR DISTRICT:

STACY JIMENEZ DATE

PRESIDENT
ATTEST:

BY:

PRISCILLA SCHAUS DATE

DISTRICT SECRETARY

APPROVED AS TO FORM
BY:

BENJAMIN L STOCK DATE

DISTRICT LEGAL COUNSEL

6.5 Attachment 2 - Contract Amendment No. 1

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DATE: April 7, 2025

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

FROM: Diane Pitman, Administrative Services Director
DEPARTMENT: ADMINISTRATIVE SERVICES
SUBJECT: AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL

EMPLOYEES (AFSCME) MEMORANDUM OF UNDERSTANDING
EFFECTIVE APRIL 1, 2025 THROUGH JUNE 30, 2029

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors (hereinafter referred to as “City Council”) adopt the attached resolutions (Attachments 1 and 2) approving the Memorandum of Understanding (MOU), effective April 1, 2025, through June 30, 2029, for the American Federation of State, County and Municipal Employees (AFSCME).

EXECUTIVE SUMMARY
The current MOU for employees represented by AFSCME is set to expire on September 8, 2027. In the MOU, there is an agreement to meet and confer on a few items and pursuant to that language Management and AFSCME representatives had a series of meetings during the months of February and March and reached a tentative agreement on March 24, 2025. Members of the AFSCME unit ratified the tentative agreement on March 26, 2025. The good faith efforts of the bargaining teams resulted in the attached four-year and two-month agreement that includes increases to compensation (wages and health benefit contributions), a commitment to discuss sick leave payout and VEBA in the first quarter of 2026, the addition of the Juneteenth (June 19) holiday, and a pilot salary continuation program for qualifying leaves called Foster City CARE Leave.

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BACKGROUND/ANALYSIS
The current MOU with AFSCME is set to expire on September 8, 2027. In the MOU, there is an agreement to meet and confer on a few items and pursuant to that language Management and AFSCME representatives had a series of negotiation meetings in good faith during the months of February and March, and a tentative agreement was reached within the parameters provided by the City Council. AFSCME brought forward the tentative agreement to their membership, and it was ratified by the group on March 26, 2025. The tentatively agreed upon changes to the MOU are:

Term: Four years, two months, effective April 1, 2025, through June 30, 2029 Wages: Effective September 9, 2025, an across-the-board increase based on the April-to-April CPI movement for the Bay Area with a minimum of 3% and a maximum of 5%.

Effective September 9, 2026, an across-the-board increase based on the April- to-April CPI movement for the Bay Area with a minimum of 3% and a maximum of 5%.

Effective September 9, 2027, an across-the-board increase based on the April- to-April CPI movement for the Bay Area with a minimum of 3% and a maximum of 5%.

Effective September 9, 2028, an across-the-board increase based on the April- to-April CPI movement for the Bay Area with a minimum of 3% and a maximum of 5%.

A revision to the salary schedule for one classification identified in the Koff & Associates classification and compensation study. Job descriptions will be revised, and management will meet and confer with AFSCME outside of contract negotiations. This finalizes any discussions or implementation of the Koff & Associates compensation study.

Flexible Benefit Plan (Medical, Dental, Vision): Effective January 1, 2026, the Employer’s contribution towards the Flexible Benefit Plan will be increased by the percentage increase in the CalPERS Kaiser HMO Basic Premium Region 1 rate for Public Agencies. The contract also states that the Employer’s contribution will be adjusted January 1, 2027, January 1, 2028, and January 1, 2029, using the same Kaiser plan increase.

Additional holiday: Juneteenth will be an observed holiday starting with June 19, 2025
Pilot Salary Continuation Program: Foster City CARE leave is a two-year pilot program to provide salary continuation for employees with qualifying FMLA/CFRA leaves. Examples include parental leave, or baby-bonding, employees with a serious health condition or employees with a family member

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with a serious health condition. This leave pilot does not provide any accrued leave and therefore does not create a liability. This program can be extended or modified by mutual agreement of the parties. Parties agree to meet at least annually to discuss the effectiveness of the program.

Items to Discuss in first quarter 2026:
•Review the VEBA contract language after guidance with an expert in Internal Revenue Code Section 501(c)(9), including the possibility of employees who retire from the City putting 50% of their sick leave payout into their VEBA account.

Staff is recommending the City Council approve the MOU with an effective date of April 1, 2025 (Attachment 3). Upon adoption, negotiation team members will sign the attached MOU and staff will implement the provisions of the MOU.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
The provisions negotiated in this agreement that impact FY 2024-2025 can be absorbed in the current FY 2024-2025 budget. The cost of living adjustments for FY 2025-26 through 2026-27 were previously agreed to and have no fiscal impact. The impact of future wage adjustments will be reflected in the budgets of their respective fiscal years. No additional appropriation is needed at this time.

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

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – American Federation of State, County & Municipal Employees (AFSCME) Council 57, Local 829, Memorandum of Understanding, effective April 1, 2025 through June 30, 2029
Attachment 4 – AFSCME Council 57, Local 829, MOU, effective April 1, 2025 through June 30, 2029 with red-lined edits

6.6 6.6 Staff Report

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6 RESOLUTION NO. _____________

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

APPROVING THE MEMORANDUM OF UNDERSTANDING FOR THE AMERICAN

FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), COUNCIL 57, LOCAL 829

CITY OF FOSTER CITY
WHEREAS, the City and the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829 have met in good faith and agreed upon a four-year, two-month memorandum of understanding.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve effective April 1, 2025, the Memorandum of Understanding for the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829, for the period April 1, 2025, through June 30, 2029, as referenced in Attachment 3.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 7th of April 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.6 Attachment 1 - City Resolution

69 3
2 6
7 RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING THE MEMORANDUM OF UNDERSTANDING

FOR THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), COUNCIL 57, LOCAL 829

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the City and the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829 have met in good faith and agreed upon a four-year, two-month memorandum of understanding.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby approve effective April 1, 2025, the Memorandum of Understanding for the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829, for the period April 1, 2025, through June 30, 2029, as referenced in Attachment 3.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 7th day of April, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

STACY JIMENEZ, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.6 Attachment 2 - EMID Resolution

70 MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT

DISTRICT
AND
COUNCIL 57, LOCAL 829

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL

EMPLOYEES
EFFECTIVE April 1 2025, THROUGH
June 30, 2029

6.6 Attachment 3 - American Federation of State, County & Municipal Employees (AFSCME) Council 57, Local 829, Memorandum of Understanding, effective April 1, 2025 through June 30, 2029

71 Table of Contents

Article 1. WAGES AND OTHER COMPENSATION .................................................................... 4 Section 1 – Wages and Retirement ....................................................................................................... 4 Section 2 – Merit Increases ................................................................................................................... 6 Section 3 – Probationary Period ........................................................................................................... 6 Section 4 – Pay for Work in Higher Class ............................................................................................ 6 Section 6 – Premium / Additional Pays ................................................................................................ 8 Section 7 – Certification Accomplishment Pay .................................................................................. 12 Section 8 – Flexible Benefits Plan ...................................................................................................... 14 Section 9 – Long Term /Accident Disability Insurance ...................................................................... 15 Section 10 – Life Insurance Premium ................................................................................................. 15 Section 11 – Sick Leave Payment ....................................................................................................... 15 Section 12 – Employee Assistance Program (EAP) ........................................................................... 16 Section 13 – Voluntary Deferred Compensation Program ................................................................. 16 Section 14 – Employee Service Recognition Plan .............................................................................. 16 Section 15 – Vision / Professional Development Reimbursement ..................................................... 17 Section 16 – VEBA Program .............................................................................................................. 17 Article 2 HOLIDAYS ....................................................................................................................... 19 Section 1 – Official City/District Holidays ......................................................................................... 19 Article 3 VACATION AND OTHER LEAVES ............................................................................. 20 Section 1 – Vacation Accrual ............................................................................................................. 20 Section 2 – Discretionary Leave ......................................................................................................... 21 Section 3 – Service Recognition Leave .............................................................................................. 21 Section 4 – Funeral / Bereavement Leave .......................................................................................... 21 Section 5 – Sick Leave Accrual and Use ............................................................................................ 22 Section 6 – Industrial Disability Leave ............................................................................................... 23 Section 7 – Other Leave Provisions .................................................................................................... 23 Article 4 REPRESENTATION ........................................................................................................ 24 Section 1 – Advance Notice ................................................................................................................ 24 Section 2 – Stewards ........................................................................................................................... 24 Section 3 – Representation for Employees at Interviews ................................................................... 25 Section 4 – Bulletin Boards ................................................................................................................ 25 Article 5 DUES DEDUCTION ......................................................................................................... 26

6.6 Attachment 3 - American Federation of State, County & Municipal Employees (AFSCME) Council 57, Local 829, Memorandum of Understanding, effective April 1, 2025 through June 30, 2029

72 Section 1 – Dues Deduction ................................................................................................................ 26 Section 2 – PEOPLE Deduction ......................................................................................................... 27 Section 3 – Hold Harmless ................................................................................................................. 27 Article 6 SAFETY ............................................................................................................................. 28 Section 1 – Safety Program ................................................................................................................. 28 Article 7 GRIEVANCE PROCEDURE .......................................................................................... 28 Section 1 – Grievance Procedure ........................................................................................................ 28 Article 8 LAYOFF PROCEDURE .................................................................................................. 31 Section 1 – Definition ......................................................................................................................... 31 Section 2 – Notice to Employees ........................................................................................................ 31 Section 3 – Layoff Order and Procedure ............................................................................................ 31 Section 4 – Priority Employment Rights ............................................................................................ 32 Section 5 – Reemployment Lists ........................................................................................................ 32 Section 6 – Status of Laid Off Employees .......................................................................................... 32 Section 7 – Fringe Benefits ................................................................................................................. 32 Section 8 – Reemployment ................................................................................................................. 33 Section 9 – Status of Rehired Employees ........................................................................................... 33 Section 10 – Anniversary Date of Rehired Employees ...................................................................... 33 Section 11 – Pay of Rehired Employees ............................................................................................. 34 Section 12 – Medical Examination for Rehires .................................................................................. 34 Article 9 MISCELLANEOUS TERMS AND CONDITIONS OF EMPLOYMENT ................. 35 Section 1 – Non-Discrimination ......................................................................................................... 35 Section 2 – Access to Personnel Files ................................................................................................. 35 Section 3 – Job Specifications ............................................................................................................ 35 Section 4 – Personnel Rules ................................................................................................................ 36 Section 5 – Transfer, Promotion, Demotion ....................................................................................... 36 Section 6 – Discipline, Discharge ....................................................................................................... 36 Section 7 – Light Duty / Light Work .................................................................................................. 37 Section 8 – Seniority ........................................................................................................................... 37 Section 10 – Education and Career Development .............................................................................. 39 Section 11 – Contracting Work ........................................................................................................... 39 Section 12 – Temporary Employees ................................................................................................... 39 Section 13 – Labor Management Committee (LMC) ......................................................................... 39 Article 11 PROVISIONS OF LAW ................................................................................................. 40 Section 1 – City / District Rights ........................................................................................................ 40

6.6 Attachment 3 - American Federation of State, County & Municipal Employees (AFSCME) Council 57, Local 829, Memorandum of Understanding, effective April 1, 2025 through June 30, 2029

73 Section 2 – Effect of Agreement ......................................................................................................... 40 Section 3 – Statement of Understanding ............................................................................................. 41 Section 4 – Severability ...................................................................................................................... 41 Article 12 TERM OF THIS MEMORANDUM OF UNDERSTANDING .................................. 42 Attachment A ...................................................................................................................................... 43 Attachment B Salaries ......................................................................................................................... 44 Attachment C ...................................................................................................................................... 45 Attachment D ...................................................................................................................................... 46 Attachment E ...................................................................................................................................... 48 Foster City CARE Pilot Program ........................................................................................................ 48

6.6 Attachment 3 - American Federation of State, County & Municipal Employees (AFSCME) Council 57, Local 829, Memorandum of Understanding, effective April 1, 2025 through June 30, 2029

74 4

MEMORANDUM OF UNDERSTANDING BETWEEN

CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT AND
COUNCIL 57, LOCAL 829

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES This Memorandum of Understanding is entered into by the City of Foster City/Estero Municipal Improvement District (hereinafter referred to as the City/District) and the American Federation of State, County and Municipal Employees, Council 57, Local 829 (hereinafter referred to as the Union or AFSCME) pursuant to and subject to Section 3500 et seq. of the Government Code of the State of California (hereinafter referred to as MOU). The City/District acknowledges that AFSCME is the recognized employee organization which, within the scope of representation, represents the bargaining unit consisting of all regular employees in the classifications listed in Attachment A.

Hereinafter "Employees" shall mean employees serving in classifications assigned to the AFSCME bargaining unit as defined above.

The staff representatives of the City/District (hereinafter referred to as Management) and the representatives of the Union have met and conferred in good faith, exchanged proposals, and have agreed to the adjustments to wages, hours, and other terms and conditions of employment for the above-described Union. The Union agrees to recommend favorably to its members the adjustments set forth herein, and Management agrees to recommend to the City Council of the City of Foster City/Board of Directors of the Estero Municipal Improvement District (hereinafter referred to as the Council/Board) that the adjustments set forth herein be adopted in full by the Council/Board in the manner and procedure prescribed by law. By their signatures, the representatives of both parties attest to agreement on the adjustments set forth herein.

Article 1. WAGES AND OTHER

COMPENSATION
Section 1 – Wages and Retirement

1. On April 1, 2025 the wages for classes represented by the Union shall be as stated in Attachment B.

2. Effective September 9, 2025, an across the board increase to base salary for all bargaining unit classifications shall be equal to a percentage movement of the SF--Oakland-Hayward, CA CPI-U April 2024 to April 2025 (Urban) with a minimum of three percent (3.0%) and a maximum of five percent (5.0%).

3. Effective September 9, 2026, an across the board increase to base salary for all bargaining unit classifications shall be equal to a percentage movement of the SF--Oakland-Hayward, CA CPI-U April 2025 to April 2026 (Urban) with a minimum of three percent (3.0%) and a maximum of five percent (5.0%).

4. Effective September 9, 2027, an across the board increase to base salary for all bargaining unit classifications shall be equal to a percentage movement of the SF--Oakland-Hayward, CA CPI-U April 2026 to April 2027 (Urban) with a minimum of three percent (3.0%) and a maximum of five percent (5.0%).

6.6 Attachment 3 - American Federation of State, County & Municipal Employees (AFSCME) Council 57, Local 829, Memorandum of Understanding, effective April 1, 2025 through June 30, 2029

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5. Effective September 9, 2028, an across the board increase to base salary for all bargaining unit classifications shall be equal to a percentage movement of the SF—Oakland-Hayward, CA CPI-U April 2027 to April 2028 (Urban) with a minimum of three percent (3.0%) and a maximum of five percent (5.0%).

The following classification will have a revision to the salary range effective April 1, 2025 as detailed below. A lump sum payment equivalent to the difference between the new step 5 and previous step 5 from September 9, 2024 to March 31, 2025 will be provided to the most senior incumbent in the classification who will be compensated at the new Step 5 rate. The newest incumbent will be placed at Step 4 which does not result in a pay cut. They will be eligible for a merit adjustment according to established rules and practices.

Step 1 Step 2 Step 3 Step 4 Step 5
Senior Accounting Specialist $40.4874 $42.5118 $44.6374 $46.8693 $49.2128

6. The City/District contracted with the Public Employees Retirement System (PERS) to provide the 2.7%@ 55 retirement plan for miscellaneous Employees effective October 1, 2007. Upon implementation of the 2.7%@55 benefit, the Employee Service Recognition Plan as set forth in Section 14 terminated, except as provided in Section 14.1 (Employees who retired prior to the implementation of the 2.7%@55 retirement benefit). Effective January 1, 2013, the City/District no longer offered the 2.7%@ 55 retirement benefit formula to new Employees. All miscellaneous Employees hired on or before December 31, 2012, will continue to be afforded the 2.7%@55 retirement benefit formula. Effective January 1, 2013, the Public Employees Pension Reform Act (PEPRA) requires new miscellaneous Employees to enroll in the 2%@62 retirement tier with pension calculated based on the average highest annual compensation over a consecutive 36-month period. This new retirement tier applies only to a new member. A new member is (a) someone who has never been in P.E.R.S. or a reciprocal retirement system or (b) someone previously in P.E.R.S. or a reciprocal retirement system, but who has a gap of at least six (6) months since being covered by any of those pension systems. PERS refers to Employees hired before January 1, 2013, as classic members.

7. Employee contributions to PERS shall be administered in accordance with Internal Revenue Code Section 414 (h)(2).

8. The City/District has contracted with PERS to provide the 4th Level of 1959 Survivor Benefits.

9. The City/District shall continue to contract with PERS to provide the Military Service Credit.

10. Effective April 1, 2022, the parties agree that Classic employees will pay/contribute 0.5% toward the Employer’s PERS contribution rate.

6.6 Attachment 3 - American Federation of State, County & Municipal Employees (AFSCME) Council 57, Local 829, Memorandum of Understanding, effective April 1, 2025 through June 30, 2029

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Section 2 – Merit Increases
Upon satisfactory completion of six (6) months of the required probationary period, a merit increase to the next higher step in the salary range shall be granted to eligible Employees. Each twelve (12) months thereafter, upon the anniversary of such first merit increase, and until the maximum pay range established for the job class has been reached, each Employee receiving a satisfactory performance evaluation shall receive a merit increase to the next higher step.

Employee shall not receive annual merit increases beyond the maximum step of the salary range for the established job class.

Section 3 – Probationary Period

1. The probationary period for new Employees shall be for a period of not less than twelve (12) months of actual service. The length of the promotional probationary period shall be for a period of not less than six (6) months of actual service. If a promotional probationary Employee is rejected at any time, the Employee will maintain the ability to return to their previous job if the position is still vacant, as provided in the City/District Personnel Rules and Regulations (hereinafter referred to as City/District Personnel Rules).

2. Further provisions regarding probationary periods are found in the City/District Personnel Rules.

Section 4 – Pay for Work in Higher Class

1. In order to receive additional compensation for performing duties assigned to a higher job class, all the following conditions must be met:
a. The Employee must receive prior written approval from the employee’s department head before performing such duties;
b. The Employee must be assigned to perform the duties of the higher job class; and c. The duration of the assignment shall be for a minimum of four (4) consecutive full working days in that higher job class. Pay shall be retroactive to the first day.

2. If a higher job classification is vacant or filled by another employee who is absent, the City shall offer such higher-class work opportunities to AFSCME-represented employees if a positions work is vacant/unfilled for four (4) or more days.

3. An Employee who believes the employee is performing the duties of a vacant position or an absent Employee in a higher class but has not received prior written approval from the employee’s department head or division head shall immediately notify the employee’s Human Resources in writing. H u m a n R e s o u r c e s w i l l f o l l o w- up w i t h the Department Head or designee and approve or deny, within one business day, the Employee’s inquiry.

4. Compensation for performing duties assigned to a higher job class shall be paid at the first step of that higher class or at a step which is not less than 5% more than the Employee's current rate, whichever is more, provided the maximum pay step is not exceeded. The pay rate established for work in a higher class shall be considered the straight rate of pay for an Employee so assigned.

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5. The maximum amount of time allowed to work out of class shall not exceed three (3) months unless required due to business need. No Employee shall be required regularly to perform the duties of another classification except in an emergency situation.

Section 5 – Work Week

1. The work week shall be forty (40) hours within seven (7) consecutive days. Employees shall be scheduled to work on regular work shifts, with regular starting and quitting times. The standard work week consists of eight (8) hour days five (5) days per week. Eligible Employees may work a 9/80 work schedule under which Employees work nine (9) hour days four (4) days per week, plus one eight (8) hour day once every two weeks. The work week under the 9/80 schedule is defined as 40 hours per week and will begin four (4) hours after the start time of each employee’s eight (8) hour day. The Alternative Work Schedule Policy located on the City/District’s intranet provides details on the 9/80 schedule. Changes to the schedule, including start shift times, will be met and conferred on.

2. An Employee who is required to work in excess of a regularly scheduled workday shall not be required to reduce another regularly scheduled work week in whole or in part to compensate for that additional time worked.

3. Hours Off Between Shifts Nothing herein shall prohibit department management from occasionally adjusting regular shift work hours by up to four hours earlier or later or days of a regular shift due to a special event or circumstance with at least 48 hours advance notice to the affected Employee(s). For example, the 7:00 am to 4:30 pm regular shift could be adjusted to 5:00 am to 2:30 pm or 10:00 am to 7:30 pm.

When Employees are scheduled to work shifts which have been changed, to accommodate business needs of the City/District, eight hours of off-duty time will be scheduled between shifts. If eight (8) hours of time between shifts cannot be granted, all time worked on the second shift shall be paid at the overtime rate of time-and-one-half. Any off-duty time necessary to provide eight (8) hours between shifts will be paid at straight time.

Hours off between shifts shall also apply to Employees attending training, meetings, conferences or any other job-related event in which an Employee is required to be present.

4. Rest Periods after Extended Shift
An Employee, who works more than fourteen (14) hours during a twenty-four (24) hour period, starting at the beginning of the Employee’s regularly scheduled start time, shall be entitled to receive a ten (10) hour rest period before returning to duty. Such rest period shall commence when the Employee goes off duty.

Should the ten (10) hour rest period extend beyond the starting time of the Employee’s regular shift, the Employee shall be required to work only the remainder of that shift but shall be compensated as though the employee had worked the entire shift.

Should an Employee who has worked more than fourteen (14) hours in a twenty-four (24) hour period be required to return to duty prior to completion of the ten (10) hour rest period, that Employee shall be compensated at one and one-half (1-1/2) times the employee’s regular rate of pay for the time remaining in the rest period.

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Shifts not filled on a voluntary basis will require Employees to be mandated to work based on seniority from lowest to highest.

5. Day Light Savings Time
Employees who work during the twice annual daylight change over period will be given one hour overtime in the fall when their shift is extended by one hour and will need to take one hour of leave in the spring when their shift is reduced by an hour.

Section 6 – Premium / Additional Pays

1. Overtime and Compensatory Leave - An Employee who is required to work in excess of the regular working hours during any one work day or who is required to attend a meeting not held during regular working hours (e.g., Planning Commission meeting), shall be compensated by overtime pay at the rate of one and one-half times the Employee's straight rate of pay (e.g., base pay plus any applicable additional pay in Sections 7.1 and 7.2) or by compensatory time off at the rate of one and one-half times the hours worked.

2. All work in excess of regular working hours shall be subject to prior approval of the department head.

3. Additionally, supervisors may give approval for overtime pay or compensatory time off according to the aforementioned rates in Article 6.1, for instances where workloads are high, during emergencies or for other business needs of the City.

Overtime and Compensatory Leave Time opportunities will be assigned to employees in the following manner (does not apply to emergencies):

a. The City will first offer voluntary overtime work to employees within their division based on the basis of seniority.
b. In the event that the City has a need for mandatory Overtime work, any such mandatory Overtime needs will be filled by first soliciting volunteers. If two or more employee volunteer for a mandatory Overtime work assignment, the City shall select volunteers according to order of seniority.
c. In the event that there are insufficient volunteers for mandatory Overtime work, the City shall fill its mandatory Overtime needs by assigning such work according to reverse order of seniority.
d. In instances where Overtime assignments are filled by employees voluntarily in order of seniority, after an employee has accepted such an Overtime assignment, then that employee’s name will be rotated to the end of the Overtime Seniority Rotation List. In instances where mandatory Overtime assignments are filled by employees non-voluntarily in reverse order of seniority, then that employee’s name will be rotated to the end of the Overtime Reverse Seniority Rotation List. The rotation of employees’ names to the end of the City Seniority Lists will be done to allow for an equal rotation of Overtime assignments among employees as far as is practicable.

4. Compensatory Leave Accrual - No Employee shall be allowed to accumulate more than 120 hours of compensatory leave (80 straight hours worked).

6.6 Attachment 3 - American Federation of State, County & Municipal Employees (AFSCME) Council 57, Local 829, Memorandum of Understanding, effective April 1, 2025 through June 30, 2029

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5. Work on a Holiday - An Employee who is required to work on an authorized holiday shall be compensated at the rate of one and one-half times the hours worked in addition to the usual straight time pay for the holiday.

For purposes of determining eligibility for premium pay for work on a holiday, the authorized holiday shall be defined as the day observed by the City/District as an official holiday in accordance with Section 17, or as the actual date of the holiday, but not both.

6. Night Shift Differential – Effective July 1, 2001, there shall be a $1.10 per hour shift differential for any maintenance Employees who work non-overtime hours between 10 p.m. and 6 a.m.

7. Callback Pay – An Employee recalled to work outside of and not continuous with an Employee’s regularly scheduled hours of work shall be paid a minimum of two hours at the rate of one and one-half times the Employee's regular straight-time rate of pay. An Employee shall not receive additional two-hour payments for multiple callbacks that occur within one two-hour period. Pay shall include hours worked only and shall exclude any travel time.

When a maintenance Employee is on the premises prior to the beginning of their scheduled shift and responds to a call to work, they shall be paid at the overtime rate as follows:
a. One hour for work within one hour of the start of their shift. b. Two hours for work between one and two hours prior to the start of their shift.

8. Standby Pay - To provide for operation and maintenance of water and sewer systems, designated Employees shall be available as scheduled based on item (j) below. The following rules and regulations are established with regard to "standby pay".

a. Off-hour service (i.e., service outside the Employee's 40-hour work week) shall be provided by standby Employees.
b. Employees shall be specifically assigned standby duty by department management.

Department management will first request volunteers and then assign employees based on seniority from lowest to highest. The routine standby period shall be one week. Employees on the standby list who do not wish to work standby on their given date(s) can change or trade the assignment if they can find another eligible Employee to fill the employee’s day or week on standby. The employee shall be responsible for notifying management of the replacement in advance. In the event a replacement cannot be found, it is the responsibility of the Employee to work standby as assigned.
c. Standby pay for a regularly scheduled workday (Monday through Friday) shall be $75 per calendar day of standby.

d. Standby pay for a non-regularly scheduled workday (e.g., weekend days, 9/80 day off) shall be $100 per calendar day of standby.

6.6 Attachment 3 - American Federation of State, County & Municipal Employees (AFSCME) Council 57, Local 829, Memorandum of Understanding, effective April 1, 2025 through June 30, 2029

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only and shall exclude any travel time. Pay or compensatory leave shall not be less than three (3) hours at the rate of time and one-half. The standby Employee shall perform a Yard Check on Saturdays, Sundays and holidays. The Yard Check shall be completed between 6:00 a.m. and 10:00 a.m. Performance of the Yard Check shall adhere to the “Standby S.O.P. For Public Works Maintenance Employees”. Employees completing the Yard Check will receive three (3) hours of pay at time and one-half. On weekends or holidays, should the standby Employee be on a call between the hours of 5:00 a.m. to 10:00 a.m., upon resolving the original problem, the Employee shall complete the Yard Check before returning home. In this situation, the Employee will receive the minimum of three
(3) hours of pay at time and one-half for completing the call and the Yard Check. There will not be an additional three (3) hours pay at time and one-half for the Yard Check. If the call and the Yard Check exceed three (3) hours, the standby Employee will receive pay for the total hours worked at time and one-half. Standby Employees shall advise the Public Safety dispatcher of arrival and departure from City/District facilities when called for service. If the standby Employee receives an additional call within fifteen (15) minutes of contacting Public Safety Dispatch that the employee is departing from City/District facilities, the standby Employee will return to the City/District and continue working at time and one half pay. This will not generate an additional call back minimum. If the standby Employee receives an additional call from Public Safety Dispatch, the employee is still within the three (3) hour time frame from the initial call and sixteen (16) minutes or more have passed since departing City/District facilities, the Employee will return to the City/District and be paid for a minimum of two (2) hours at time and one half.

f. Standby Employees may take home a City/District service vehicle to be used only for official business of the City/District. Employees who elect to use a City/District vehicle must sign a Vehicle Use Declaration and Acknowledgement Form.
g. Standby Employees will be covered by Worker's Compensation in accordance with current State law.

h. The City/District shall provide one cell phone to be used by Employees assigned to standby duty. Employees shall be responsible for negligent loss of or damage to the standby cell phone.
i. An Employee assigned to standby duty for sewage lift station emergencies, which involve work below ground, shall comply with all the standards and procedures outlined in the City/District's Confined Space Policy which is included in the Citywide Safety Program Manual, and which shall comply with all appropriate Federal or State regulations. j. Routine One-Week Standby Schedule:

Standby Period Schedule
Monday 4:30 p.m. to 7:00 a.m. Tuesday 14.5 hours
Tuesday 4:30 p.m. to 7:00 a.m. Wednesday 14.5 hours
Wednesday 4:30 p.m. to 7:00 a.m. Thursday 14.5 hours
Thursday 4:30 p.m. to 7:00 a.m. Friday 14.5 hours
Friday 3:30 p.m. to 7:00 a.m. Saturday 14.5 hours
Saturday 7:00 a.m. to 7:00 a.m. Sunday 24.0 hours
Sunday 7:00 a.m. to 7:00 a.m. Monday 24.0 hours
120.5 hours

6.6 Attachment 3 - American Federation of State, County & Municipal Employees (AFSCME) Council 57, Local 829, Memorandum of Understanding, effective April 1, 2025 through June 30, 2029

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k. When a maintenance Employee is called more than once between the hours of 12 midnight and 6 a.m. in any 24-hour period which does not result in a response (no call back pay applies), the Employee shall receive one (1) hour of straight-time pay.

9. Court-Time Pay - Senior Community Service Officers subpoenaed to court in their capacity as an Employee of the City/District during off-duty hours shall receive a minimum of four (4) hours paid at a rate of time and one-half. However, if the scheduled court appearance falls within one hour prior to the commencement of their scheduled shift, or within one hour after the end of their scheduled shift, the Employee shall receive a maximum of two (2) hours paid at a rate of time and one-half.

10. Senior Community Service Officers required to be on telephonic standby for purposes of appearing in court during off duty hours, pursuant to a subpoena or at the direction of the District Attorney or the City Attorney shall be paid standby pay at half (1/2) of their overtime pay rate to a maximum of four (4) hours pay at the overtime rate per day.

11. Special Assignment Pay – An Employee who performs a substantial portion of specially assigned work that includes lead worker duties including supervising staff, special projects, or other work which may be deemed to be working outside of one’s specified job classification, that is otherwise not considered to be working in a higher class as specified in Section 4, shall be eligible to receive up to a 10% differential above the Employee’s regular base pay rate, subject to the prior approval of the department head and the City/District Manager. The special assignment must be for a period of not less than two weeks.

12. Each premium pay shall be based on the Employee's straight time rate of pay per hour.

13. Release Time – When a Maintenance Employee has worked overtime equal to or greater than two (2) hours between the hours of 10:00pm and 7:00am on any one night between Sunday evening and Friday morning, for safety reasons, paid release time will be granted in thirty (30) minute increments equal to the time worked and will not provide for fractions of hours that are less than thirty (30) minutes. The employee and their Supervisor shall mutually agree on whether the paid release time will be taken at the beginning or the end of the employees’ shift, taking into consideration the maintenance of a safe working environment and needs of the business.

14. Special Shift Change – A special shift change would require employees to work during traditional graveyard hours for special projects and/or planned service needs. All special shift changes must have a minimum of 120 hours (5 business days) notice. A special shift change will be a minimum of two consecutive shifts. A special shift that exceeds the employees’ normal 8-hour workday (9 hours if they are on the 9/80 work schedule) will be paid at time and one half. The special shift that is scheduled will be considered one continuous shift even when it is divided between two calendar days.

6.6 Attachment 3 - American Federation of State, County & Municipal Employees (AFSCME) Council 57, Local 829, Memorandum of Understanding, effective April 1, 2025 through June 30, 2029

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senior ranks of the job classification and the other half of the employees on the special shift represent the more junior ranks of the job classification. Management will use reasonable efforts to ensure all employees work one special shift before selecting employees to work a second special shift. The selection process will ensure cross training of all employees.

Section 7 – Certification Accomplishment Pay
Certification pays for Maintenance classifications shall be an annual payment on the payroll check upon renewal. In order to continue to receive the certification pay, Employees are required to maintain their certification level and provide their direct supervisor with the proper certification renewal documents to maintain certification pay level. Employees failing to recertify and/or not providing documentation of certification renewal will have their certification pay reduced accordingly. To ensure proper processing and no loss of certification pay, all certification documents should be provided to their direct supervisor upon completion of the certification. On July 1 of each year, the Parks and Public Works Department supervisors will submit a completed and signed Personnel Action Form for each Employee’s certification pay based on the certificates held by the Employee on July 1 to the Finance Department, and the certification pay to the Employee shall be made upon the Finance Department’s receipt of the Personnel Action Form. Employees who obtain additional certificates after July 1, will be compensated up to the maximum limit for the fiscal year upon the Finance Department’s receipt of a completed and signed Personnel Action Form.

1. Employees in the maintenance classifications and the Senior Engineering Technician who earn City/District-approved and endorsed certifications, or who successfully renew their existing certifications, are eligible to earn certificate pay as listed below. The total maximum annual certificate pay for multiple earned or renewed certificates shall not exceed $1,000 in Fiscal Year 2024 – 2025 and on-going. While an Employee can only receive certificate pay for the highest certificate obtained in each series (not an aggregate), an Employee is eligible for certificate pay for certificates held in two or more of the series, subject to the Fiscal Year maximum. For example, an Employee who holds two Grade 1 certificates in different series would be eligible for a total certificate pay of $400. Employees in the Public Works Maintenance Worker II classification are required to have at least one of the Grade certificates listed below.

Department of Health Services (DOHS) Water Distribution Department of Health Services (DOHS) Water Treatment
California Water Environment Association (CWEA) California Water Pollution Control Association (CWPCA)
Grade 1 - $200
Grade 2 - $300
Grade 3 - $400
Grade 4 - $500
Grade 5 - $600
The following certifications are also eligible for an annual certification pay at the amounts listed below for a fiscal year total of $1,000:

Qualified Applicator Certificate Holder (QAC) - $250
Pest Control Advisor Certificate Holder (PCA) - $300
Backflow Prevention License - $300

6.6 Attachment 3 - American Federation of State, County & Municipal Employees (AFSCME) Council 57, Local 829, Memorandum of Understanding, effective April 1, 2025 through June 30, 2029

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Certified Arborist (ISA) - $300”
Certified Playground Safety Inspector (CPSI) - $300
Building Operator Certification (BOC) - $300
Master Gardener - $200
First Aid/CPR Instructor - $200

Effective September 9, 2025, the following certifications are also eligible for an annual certification pay at the amounts listed below for a fiscal year total of $1,000:
o Class B license ($200 a year)
o NPDES Stormwater Certificate for all AFSCME bargaining unit employees in the Public Works Department ($200 a year)
o IMSA Certifications: A: Traffic Signal Technician I B: Traffic Signal Technician II C:

Traffic Signal Senior Field Technician III D: Work Zone Temporary Traffic Control Certification for all AFSCME bargaining unit employees in the Public Works Department and Parks Maintenance Division ($200 each to a maximum of $600 a year) o Building Operator Certification BOC Level II for all AFSCME bargaining unit employees in the Building Division ($400 a year-not cumulative)
o International Code Council (ICC) Permit Technician Certification, Commercial and Residential Building, Electrical, Plumbing and Mechanical Inspector/Plan Examiner Certification, Swimming Pools and Spas CLA Credential, and Certified Access Specialist (CASp) for the Building Permit Technician, Code Enforcement Officer Is and IIs, and Plans Examiner ($100 each to a maximum of $900 a year)
o Automotive Service Excellence (ASE) A1 – A8 for Equipment Maintenance Worker and Mechanic I ($200 each up to the maximum of $1,000 a year) o M1 Motorcycle Drivers License for the Equipment Maintenance Worker and Mechanic I ($200 a year)
In addition, AFSCME Employees who are not in the maintenance or Senior Engineering Technician classifications are eligible for the First Aid/CPR Instructor certification accomplishment pay of $200 per year.”

2. Employees in the building inspection classifications who earn City/District-approved and endorsed certifications listed from a recognized model code certification program are eligible to earn certificate pay as follows:

a. $100/month Building, Plumbing, Electrical and Mechanical Inspector

b. Additional $100/month Either Building Plans Examiner or Certified Access Specialist issued by the State of California; or Build it Green New Home or a LEED Accredited Professional.
c. Additional $100/month Any one certificate listed in b) that has not been previously earned or a combination of two (2) of the
following:

Pre-stressed Concrete Special Inspector

6.6 Attachment 3 - American Federation of State, County & Municipal Employees (AFSCME) Council 57, Local 829, Memorandum of Understanding, effective April 1, 2025 through June 30, 2029

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Reinforced Concrete Special Inspector
Structural Masonry Special Inspector
Structural Steel/Welding Special Inspector
Spray-Applied Fireproofing Special Inspector
Electrical Plans Examiner
Plumbing Plans Examiner
Mechanic Plans Examiner Green
Building Plans Examiner Fire
Plans Examiner
Certified Building Official
Certified Fire Marshal Fire
Inspector I or II Green
Building Inspector
CalEMA-SAP Disaster Response Inspector

2.1. Building Inspectors with a Residential Fire Protection Systems Inspector certificate will earn $200/month certificate pay.

3. The maximum certificate pay is $500 per month, a maximum of $300/month for certifications outlined in Section 7.2 (a), (b) and (c) and/or $200/month for the certification outlined in Section 7.2.1. Employees holding certificates listed in Sections 7.2 and/or 7.2.1 on July 1, 2015, were immediately eligible for the certificate pay amounts listed in Sections

7.2 and 7.2.1 upon submission of supporting documentation to their direct supervisor.

7.4 Accounting Specialist and Senior Accounting Specialist receive a 5% monthly education incentive after providing proof of Bachelor’s degree effective 9/9/2025 o Not a cumulative incentive. Employee receives percentage based on highest degree Accounting Specialist and Senior Accounting Specialist receive a 2.5% monthly education incentive after providing proof of Associates degree effective 9/9/2025

Section 8 – Flexible Benefits Plan

1. The City/District shall offer a Flexible Benefits Plan and make monthly contributions for employee benefit allowances for allocation to health, dental, optional vision insurance premiums, health and dependent care flexible spending accounts as follows effective January 1, 2025:

Employee and Family Members
Enrolled in Medical Plan Choice
Contribution
Amount
1/1/2025
No Plan $1,224
Employee Only $1,624
Employee + One $2,330
Employee + Two or More $2,945

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o Effective January 1, 2026, January 1, 2027, January 1, 2028, and January 1, 2029, the Employer’s contribution toward the Flexible Benefit Plan will be increased by the percentage increase in the CalPERS Kaiser Basic Premium Region 1 Rate.

2. Employees who have any leftover benefit allowance available after deducting all selected plan premium amounts may annually choose to allocate remaining funds into a flexible spending account (Section 125 plan), provided the allocations are within the IRS limits; or receive as taxable cash.

3. The City/District will assume the third-party administration costs for participation in the health and/or dependent reimbursement plans. A plan participant is defined as any Employee for whom the third-party plan administrator charges a fee. This provision does not apply to the VEBA program which is covered in Section 16 of this MOU.

4. Family members include state-registered domestic partners, and their dependents as recognized by the State of California.

5. Employees who opt out of health plan coverage through the City/District must annually provide proof of insurance in order to be eligible for the “no plan” contribution amount in Section 8.1.

Coverage that is received through a healthcare exchange is not valid for purposes or receiving the “no plan” contribution.

Section 9 – Long Term /Accident Disability Insurance

1. The City/District shall pay the full premium amount necessary to provide Long Term Disability (LTD) insurance for Employees.

Section 10 – Life Insurance Premium

The City/District shall pay the full premium amount necessary to provide $75,000 term life insurance policy plus the same amount of Accidental Death and Dismemberment (AD&D) insurance for each Employee.

An employee will have the option of purchasing additional insurance at their own expense for themselves or their dependents.

Section 11 – Sick Leave Payment

General Provisions

1. Employees who have completed six (6) months of service and terminate their employment in good standing shall receive compensation for unused sick leave in a sum equal to twenty- five percent (25%) of the prescribed value of unused sick leave.

2. The prescribed value of unused sick leave shall be calculated as follows:
▪ 25% of the total dollar value of sick leave at the rate of pay at the time of termination will be the sick leave payment.

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Section 12 – Employee Assistance Program (EAP)

The City/District and the Union have a mutual interest in the health and welfare of its Employees. To this end, both parties will work cooperatively to utilize the employee assistance program as described in the City/District Employee Assistance Program Combined Evidence of Coverage and Disclosure Form. The City/District bears the full cost of the program and reserves the right to modify benefits and change providers of the EAP at its discretion, based on cost and service considerations. The City/District will give notice and seek input and feedback from the Union prior to implementing changes in providers or benefits. State- registered domestic partners and their dependents as recognized and allowable by the EAP provider are considered eligible family members for EAP benefits.

Section 13 – Voluntary Deferred Compensation Program

13.1 AFSCME Employees shall be eligible to participate in the City/District voluntary deferred compensation program in accordance with Internal Revenue Code Section 457 (457 Plan). Information about the 457 Plan options is available on the City/District’s intranet. The plan year for Employee contributions to the 457 Plan is the calendar year, January 1 to December.

13.2. The maximum voluntary contribution to any Employee’s account shall be that amount established by law.

Section 14 – Employee Service Recognition Plan

1. Effective July 1, 2001, the City/District implemented an Employee Service Recognition Plan to recognize Employees’ length of service with the City/District and to offset retiree medical costs for Employees who retire from the City/District. Effective October 1, 2007, the City/District adopted the 2.7% at 55 retirement benefit and amended this provision to only apply to those Employees who retired from City/District service prior to the implementation of the 2.7% at 55 retirement benefit.

2. Employees eligible for the Employee Service Recognition Plan who retire from the City/District as defined by P.E.R.S., whether for a normal retirement or an industrial disability retirement, shall receive a monthly benefits payment as outlined in the table in Section 14.3 below starting at the beginning of the first calendar month following retirement.

3. Effective July 1, 2006, the monthly benefit payments for the Employee Service Recognition Plan shall be as follows:

Years of Service Upon Retirement Monthly Benefit Amount Day 1, Year 10 through Year 14 $125
Day 1, Year 15 through Year 19 $200
Day 1, Year 20 through Year 24 $275
Day 1, Year 25 and thereafter $350

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4. The monthly benefit as described in Section 14.3 is payable to the Employee up until the Employee’s death. Benefits shall cease on the first day of the calendar month following the Employee’s death.

5. Prior to implementation of the Plan, the City/District determined a third-party administrator was not necessary to establish and administer the Plan. If the City/District makes a contrary determination in the future, such decision will be discussed upon mutual consent with the Union prior to implementation and will be mutually agreed upon. If a third-party administrator is used, any recurring administrative fees associated with administering the plan shall be paid by the participating Employees. The City/District shall also strive to implement the Plan in accordance with Internal Revenue Code statutes and in a manner that minimizes the tax liability of the Employee to the extent possible.

6. Retirees currently receiving plan benefits will be eligible for future benefits enhancements and increases as negotiated in future MOU’s.

Section 15 – Vision / Professional Development Reimbursement The City/District shall reimburse, upon presentation of proper documentation as outlined below, up to $200 per fiscal year (July through June of the following year) for the following items:

Vision –Presentation of bills from a qualified optometrist and/or optician towards the cost of the Employee's eye examination, prescription eyeglasses and/or contact lenses, reading glasses, and sun/safety glasses. Corrective lens surgery (e.g., laser surgery) shall be reimbursable for a one-time reimbursement of $200. Employees are only eligible for the sun/safety eyewear benefit if they are using these for protective eyewear for safety reasons to perform their job functions.

Professional Development – Professional development expenses including the following: the cost of certificate programs, seminars, workshops, conferences; job-related books, tapes, or training programs. Reimbursement for such expenses must be approved by the Department Head. These expenses must be career/job related, and not provided through any other budgetary means such as the City/District-wide training fund, or departmental travel/meeting funds.

Section 16 – VEBA Program

VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA)
The City established a Voluntary Employee Beneficiary Association (VEBA) trust under Internal Revenue Code Section 501(c)(9) for the purpose of providing a defined contribution post-retirement medical benefit for employees. Per the City’s contract with VEBA, VEBA’s consulting fee will be deducted from plan participant’s accounts.

Specific information regarding the Plan will be referenced in the Plan Document.

A VEBA is a tax-exempt trust account formed under Internal Revenue Code Section 501(c)(9) designed to accumulate assets to fund the future payment of qualified medical expenses (including specified insurance premiums). At retirement, participants may withdraw the accumulated plan benefits to pay for unreimbursed health insurance premiums, qualified long-term care insurance premiums, and other

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qualified unreimbursed medical expenses and will not be taxed under current state and federal law.

Withdrawals cannot be made for non- medical purposes.

The purpose of the VEBA (V oluntary Employee Beneficiary Account) Trust is to provide employees with the ability to plan for future as well as current health care expenses. Expenses such as unreimbursed medical premiums, copayments and pharmacy charges are all eligible expenses under a VEBA Trust arrangement. Employees will realize a significant benefit since eligible contributions to a VEBA Trust are tax exempt and the reimbursed expenses from the VEBA Trust are also tax exempt.

Contribution amounts may be changed by a separate vote of Union Members that is not in conjunction with a contract ratification vote or election of Stewards/Officers. The contribution amounts will have to be uniform for all Employees and must conform to the IRS regulations. If there is a change in the contribution amounts, it only changes the contribution amounts for Employees already participating in the VEBA program and new hires to the Bargaining Unit or internal transfers into the Bargaining Unit.

Employee Contributions Participation in the VEBA Trust by an Employee requires a payroll deduction each pay period to fund the Employee’s account. The Union determined that contributions to the VEBA are:

Years of Service Contribution Amount Per Pay Period
0 to 5 $25.00
6 to 10 $50.00
11 to 20 $100.00
21 or more $150.00

Contributions made by an eligible Employee must be made through payroll deductions. Eligible Employees cannot make direct contributions to the VEBA Trust. Once separated from the City/District, the Employee can no longer make contributions to the VEBA Trust.

Sick Leave – as of July 1, 2012, upon retirement/separation of employment, 100% of the Employee’s sick leave balance payout (25% of the total dollar value – Section 11 in MOU) will be contributed to the employee’s VEBA account subject to Union compliance with Federal rules associated with contributions of accrued time into a deferred medical expense account.

Vacation Leave – as of July 1, 2012, upon retirement/separation of employment, 50% of the Employee’s vacation leave payout will be contributed to their VEBA account. If an Employee elects to sell back any accrued vacation leave and/or contribute any accrued vacation leave to their 457 Plan account pursuant to Article 3, Section 1.4, the VEBA vacation leave payout will be calculated by applying the 50% contribution amount percentage to the remaining balance of the Employee’s accrued vacation leave after the sell back and/or 457 Plan account contribution.

During the term of this MOU, the City/District and the Union may by mutual agreement reopen this Section of the MOU to discuss options for retirement medical savings. This discussion will only reopen this Section and will not affect any other section or attachment in this MOU.

6.6 Attachment 3 - American Federation of State, County & Municipal Employees (AFSCME) Council 57, Local 829, Memorandum of Understanding, effective April 1, 2025 through June 30, 2029

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Article 2 HOLIDAYS
Section 1 – Official City/District Holidays
The following holidays are observed by the City/District:
• New Year's Day, January 1
• Martin Luther King, Jr. Day, January 15 or its legal substitute (third Monday in January)
• President’s Day, February 22 or its legal substitute (third Monday in February) • Memorial Day, May 31 or its legal substitute (last Monday in May) • Juneteenth, June 19
• Independence Day, July 4
• Labor Day, first Monday in September
• Veteran's Day, November 11
• Thanksgiving Day, fourth Thursday in November
• Day after Thanksgiving, fourth Friday in November
• Christmas Eve, December 24
• Christmas Day, December 25
• New Years’ Eve, December 31
When any day recognized as a holiday falls on a Sunday, the holiday shall be observed on the following Monday. When any day recognized as a holiday falls on a Saturday, the holiday shall be observed on the preceding Friday.

With regard to the holidays on Christmas Eve (December 24) and New Years’ Eve (December 31) should either date fall on a Saturday or Sunday, the preceding Friday shall be observed. In the case where Christmas Day and/or New Years’ Day are observed on Friday, the corresponding Eve holiday shall be observed on Thursday.

Holidays shall have a compensatory value of eight (8) hours for each full holiday. Other provisions regarding official City/District holidays are found in the City/District Personnel Rules.

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Article 3 VACATION AND OTHER LEAVES
Section 1 – Vacation Accrual

1.1 Employees shall accrue vacation in accordance with the following schedule: such accrual shall not be credited until completion of the initial six (6) months of employment:

Hours per Maximum Years
of Service
Hrs. per Pay
Period
Max. Hours Days per
Year
(8 hour
days)
1 through 3 3.67 176 11
Day 1, Year 4 4.00 192 12
Day 1, Year 5 5.00 240 15
Day 1, Year 6 5.33 256 16
Day 1, Year 7 5.67 272 17
Day 1, Year 8 6.00 288 18
Day 1, Year 9 6.33 304 19
Day 1, Year 10 6.67 320 20
Day 1, Year 11 through 15 7.00 336 21
Day 1, Year 16 and
thereafter

7.67 368 23

1.2 Employees shall accrue vacation leave only as it is earned. New Employees shall not be eligible to use any vacation leave, however, until after completion of their initial six months of employment.

1.3 Employees may use accrued vacation in no less than one half hour (1/2 hour) increments, subject to department head approval.

1.4 Vacation Accumulation - Employees shall not accumulate more than the equivalent of two annual vacation accruals. An Employee who accumulates vacation in excess of two annual vacation accruals shall not accrue additional hours until the balance is below maximum amount pursuant to this section.

Vacation use may be deferred by the written approval of the City/District Manager when in the best interests of City/District government and the Employee. Requests for deferring vacation use must be presented to the City/District Manager 60 days before the maximum accrual is reached.

It is the responsibility of Employees to review the vacation accrual balance printed on each paycheck stub to ensure that the employee uses vacation within two accrual years unless

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deferment is requested and obtained from the City/District Manager as provided herein.

Employees may cash out up to eighty (80) hours of accrued vacation leave once per calendar year in December. An Employee is eligible for this cash out option only if the employee has used at least forty-eight (48) hours of vacation leave in the previous twelve (12) month period and filed a vacation cash out request form with Human Resources no later than December 20th of the prior year. Payroll records will be used to determine whether or not an Employee has taken the required forty-eight (48) hours of vacation leave.

Thirty (30) days prior to separation, Employees may elect to contribute any or all of their accrued vacation leave balance to their 457 Plan account within applicable IRS limits. The number of vacation hours to be contributed must be accrued at the time of separation. If an Employee elects to contribute accrued vacation leave to the employee’s 457 Plan account and participates in VEBA, the VEBA vacation leave payout in Section 16 will be calculated by applying the 50% VEBA contribution amount percentage to the remaining balance of the employee’s accrued vacation leave after any cash out and/or 457 Plan contribution.

Section 3 – Service Recognition Leave
In recognition of years of service Employees shall receive one time posting of service recognition leave hours as indicated below:
15 years of service 24 hours
20 years of service 32 hours
25 years of service 40 hours
30 years of service 48 hours

No Employee shall receive pay in lieu of time off. This special leave will be posted by Payroll automatically upon obtaining the above level of service and must be used within one year of the date of posting.

Section 4 – Funeral / Bereavement Leave
Regular and probationary employees shall be entitled to up to five (5) working days of time off for Bereavement leave for each occurrence of death of an immediate family member. Up to three (3) working days shall be paid by the City. If requested, up to two (2) additional working days shall be unpaid or, at the option of the employee, paid from the employee’s accrued leave banks (sick, vacation, discretionary and compensatory). Requests for any additional time must be approved by Administrative Services Director or their designee. Immediate family shall mean

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spouse, state-registered domestic partner, child, foster child who resided with the employee at the time of their death, stepchild, mother, father, stepmother, stepfather, mother-in-law, father- in-law, brother, stepbrother, sister, stepsister, brother-in-law, sister-in-law, grandmother, grandfather, spouse’s grandmother, spouse’s grandfather, son-in-law, daughter-in-law, or grandchildren. Other relatives and significant persons may be included with the approval of the Administrative Services Director.

Bereavement leave does not need to be taken consecutively and must be completed within three (3) months of the day of death of the family member.

Section 5 – Sick Leave Accrual and Use

5.1 Sick leave shall be accrued at a rate of 8.66 hours per calendar month for each month that a probationary or regular Employee has worked regularly scheduled hours. There shall be no maximum accumulation of sick leave. Sick leave shall be allowed and used only in cases when the Employee is too sick or disabled to safely and effectively perform the employee’s duties, for medical or dental treatment, or as authorized for funeral/emergency leave, family illness and injury (including state-registered domestic partners) as outlined in Section 5.2, and as an income supplement to worker's compensation benefits. In order to receive sick leave compensation while absent, an eligible Employee who is unable to report to work due to illness or injury shall notify the employee’s department head or supervisor, either in person or by voice mail, prior to or within one (1) hour after the time set for reporting to work.

5.2 Family sick leave may be taken and if taken, shall be charged to sick leave or, with the concurrence of the department head, to vacation or discretionary leave where the presence of the Employee elsewhere is essential because of illness, or disability of immediate members of the employee’s family. Immediate family means parent, spouse, state-registered domestic partner, dependent child, parent, parent-in-law, sibling, grandparent or grandchild. No more than half of the Employee’s annual accrual may be granted for family sick leave in any one calendar year. Any additional absences due to family illness or for other family members shall be charged to discretionary leave balances (e.g., vacation, compensatory time off, etc.).

5.3 Employees may be entitled to additional leave upon request, pursuant to Federal and State Family Leave laws. Use of sick leave will be allowed during an approved FMLA for a family member/family leave.

5.4 The patterns of use, frequency of occurrence, total hours used, and hours available compared to hours accrued for each Employee will be periodically and routinely reviewed by department management. Department standards will be communicated and applied to evaluate the individual use of this benefit. An improvement plan may be developed and implemented with approval of the department head, considering factors such as Employee's circumstances, the operational impact of the unscheduled absences and the obligation to provide consistency within the department.

5.5 Employees covered by this MOU are eligible to participate in a catastrophic leave donation program in accordance with the City/District's Catastrophic Leave Donation Policy.

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Section 6 – Industrial Disability Leave

6.1The City/District will pay full pay for the initial three (3) months to non-Safety Employees who suffer industrial disabilities and are on authorized disability leave. During this period, the Employee will accrue benefits, and the City/District will continue to contribute to benefits as usual. Employee will pay the usual portion of benefits.

Worker's Compensation benefits will be integrated, and checks endorsed to the City/District by Employee. No use of sick leave will be required during the first three (3) months.

6.2 After the first three (3) months of Industrial Disability Leave, until the Employee is determined to be able to return to work or permanent and stationary and unable to return to work, the Employee may integrate Worker's Compensation benefits with unused sick leave to assure no loss of compensation. The continuing eligibility for Employee benefits will be determined in accordance with insurance contracts, state and federal law, and City/District policy after the first three months.

Section 7 – Other Leave Provisions
Other provisions regarding leaves are found in the City/District Personnel Rules. The parties agree to meet and confer for the purpose of developing a written agreement that defines which benefits will continue during a leave of absence, consistent with current practices. By mutual agreement, the parties may incorporate the resulting language into the MOU or memorialize it through a side letter.

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Article 4 REPRESENTATION
Section 1 – Advance Notice

1.1 Except in cases of emergency as provided in this section, the City/District shall give reasonable written notice (hard copy or email) to the Union, if affected, of any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City/District and shall give the Union the opportunity to meet and confer with the City/District.

In cases of emergency when the City/District determines that an ordinance, rule, resolution, or regulation must be adopted immediately without prior notice or meeting, the City/District shall provide such notice and opportunity to meet and confer at the earliest practicable time following the adoption of such ordinance, rule, resolution, or regulation.

Section 2 – Stewards

2.1 The Union shall be entitled to three (3) Stewards (1- General Unit: Recreation, City Hall, Corporation Yard Administration, and Police Records/CSO, 1-Parks Maintenance and 1- Public Works Maintenance), unless the City/District and the Union, during the term of this MOU, mutually agree that a larger number is justified. Stewards shall:

a. Serve as the Union's representative during meet and confer sessions with City/District representatives; however, not more than one shall be from the same work crew for maintenance unit Employees, or from the same department for general unit Employees; b. Be the Union's official representatives on all City/District committees on which the Union is entitled to serve; and
c. Investigate and process grievances to assist other Employees in their unit. Only one (1) Steward shall process any one grievance. Time for such purpose shall not exceed four hours per month. A steward shall obtain permission from the employee’s supervisor before leaving the employee’s workstation and shall notify the employee’s supervisor when returning to work. This provision shall not be used to prevent Stewards from performing their duties set forth in this Section; and
d. Attend new Employee orientations for the purpose of informing Employees about Union representation. Human Resources will notify the appropriate Union Steward in advance of the time and place of a new Employee orientation. It is the responsibility of the notified Steward to arrange for an alternate Steward if the employee cannot attend.

Union Stewards are designated bargaining team members and shall be released when a session coincides with their work shift in order to attend and participate in the negotiations.

Union Stewards and alternates shall be released for sessions as needed and compensated if such negotiations sessions are held during the regular work hours. Advanced notice of the necessity for release shall be provided to the Department Head for all members of the AFSCME bargaining team by the City/District HR Director. The Union agrees to provide a 48-hour notice of the need to release an alternate Union Steward for negotiations. Such notice shall be waived in the event of an emergency. Time spent in negotiations outside of the Employee’s regular work schedule is not compensable.

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2.2 Stewards shall serve as provided above unless the Union has designated, in writing, another Employee in their unit. Stewards and other Employees officially serving in the capacities outlined above shall be given reasonable time off with pay on regularly scheduled workdays. Each Steward may have one Alternate Steward whose sole purpose shall be to serve in the absence of the Steward.

Section 3 – Representation for Employees at Interviews

3.1 Whenever an Employee is required to meet with a supervisor or other department management and the Employee reasonably anticipates that such meeting may result in adverse action, upon request the Employee shall be entitled to have a Steward or Union representative present. The Employee shall arrange for the presence of such representative at the earliest possible time. When such representative is not reasonably available and the circumstances warrant immediate inquiry and/or action, the City/District shall have the right to proceed, and the Employee shall have the right to have another Employee in their unit of the employee’s choice present as a witness. Human Resources will advise an employee of their rights to Union Representation during an investigatory interview.

Section 4 – Bulletin Boards
The Union is authorized to use portions of City/District bulletin boards under the following conditions:
a. All materials must receive the approval of the department management; b. All materials must be dated and indicate a removal date, and must identify the organization that posted them;
c. Materials which the department management considers objectionable will not be posted or will be removed if already posted, provided, however, the department management shall first discuss this denial with the City/District Manager; and d. Reasonable space (approximately 2 feet by 3 feet minimum) shall be allocated for Union use. The City/District reserves the right to determine where bulletin boards shall be placed.

6.6 Attachment 3 - American Federation of State, County & Municipal Employees (AFSCME) Council 57, Local 829, Memorandum of Understanding, effective April 1, 2025 through June 30, 2029

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Article 5 DUES DEDUCTION
Section 1 – Dues Deduction

1.1 The City/District recognizes the American Federation of State, County and Municipal Employees, Local 829 as the employee organization representing the employees in this unit, which consists of all employees in the classifications identified in Attachment A and as may be added to the unit by the City/District during the term of this MOU.

Use of Payroll Deduction – The Union shall have the privilege of using the City/District’s payroll system for the purpose of deducting Union dues and other lawfully permitted deductions from Employees’ pay for whom the Union is the recognized majority representative employee organization. This authorization shall not be provided to any other registered or recognized employee group or organization.

Amount of Deductions – The Union shall withhold dues and other lawfully permitted deductions in such amounts as are officially prescribed by the Union or are otherwise established by the terms of this MOU.

Authorization for Dues Deductions – The City/District shall withhold Union dues and/or other lawfully permitted deductions from the salary of an employee and remit withholdings to the Union or such other organization as is identified in this MOU as follows:

Authorization of File – The Employee shall have a written request and authorization for deduction of Union dues in effect upon the date this MOU is approved and adopted.

Authorization – The Employee shall submit to the Union and City/District (Human Resources Department) a written authorization for the deduction of Union dues during the term of this MOU.

Deduction Continuance – The Employee shall have such dues deductions continued during the term of this MOU, excepting that such an Employee shall be allowed to withdraw authorization for continued withholding of dues deductions during the last thirty (30) calendar days of the term of this MOU by filing a written statement withdrawing authorization for dues deductions with the City/District and the Union. Upon the receipt of such a withdrawal of authorization from an Employee, the City/District shall discontinue deducting Union dues from the salary of the Employee effective the first full pay period immediately following the expiration of this MOU. The City/District shall provide the Union with the names of Employees who have filed a withdrawal of authorization for Union dues deductions.

1.2 Compliance
Suspension of Dues, Fees, or In-Lieu Payments During Leave of Absence – An Employee on unpaid leave of absence for a period of 30 calendar days or more shall not be required to pay Union dues, agency fees, or make charitable contributions during the period of the Employee’s leave.

Notification of New Employees – The City/District shall notify the Union of the name, classification and date of hire of each new Employee appointed to a position covered by this MOU. Notice shall be provided to the Union within one (1) calendar month from the date of hire.

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1.3 The City/District shall prepare and submit to the Union Business Agent twice a year in June and December or at the request of the Union, a current list, including name, department, and classification, of all City/District employees in classes represented by the Union.

Section 2 – PEOPLE Deduction
The City/District shall deduct voluntary contributions to Public Employees Organized to Promote Legislative Equality (PEOPLE) from the pay of those Employees who request, in writing on a form supplied by the Union and approved by the City/District, that such deductions be made. The amount to be deducted shall be determined by the Employee except that there shall be a minimum deduction of two ($2.00) per month. The aggregate deductions of all Employees shall be remitted with a monthly itemized statement to the Union.

Section 3 – Hold Harmless
The Union agrees to indemnify the City/District and hold it harmless against any and all suits, claims, demands, and liabilities which may arise out of or by reason of the application of or implementation of the provisions of this Article.

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Article 6 SAFETY
Section 1 – Safety Program

The City/District and the Union have a mutual interest in providing safe and healthful working conditions for its Employees, in protecting the City/District property from damage and loss and in ensuring the safety of the public when using City/District Facilities. To this end, both parties will work actively to adhere to the provisions of the City/District Safety Manual Procedures.

Article 7 GRIEVANCE PROCEDURE
Section 1 – Grievance Procedure

A. Definition

A grievance is any dispute, which involves the interpretation or application of any provision of the Memorandum of Understanding, excluding, however, those provisions of the Memorandum of Understanding, which specifically provide that the decision of any Department official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure.

Step 2 shall be utilized to provide an administrative appeal of a written reprimand. Such appeals shall not be processed beyond Step 2.

B. Procedure

A grievance shall be filed according to the following steps:

Step 1. Immediate Supervisor.

A grievance may be filed by an employee on their own behalf, or jointly by a group of employees or by the Union. Within fifteen (15) calendar days of the event giving rise to a grievance, the grievant shall present the grievance in writing to the direct supervisor and copy Administrative Services Director or designee for tracking purposes only. Grievances not presented within the time period shall be considered resolved. The direct supervisor shall meet with the grievant to settle the grievance and give a written response to the grievant, and copy the Administrative Services Director or designee, within fifteen (15) calendar days from the receipt of the grievance.

Step 2. Department Head (Director)
If the grievance is not resolved in Step 1 to the grievant’ s satisfaction, the grievant may, within fifteen (15) calendar days from receipt of the direct supervisor response, advance the grievance in writing to the Department Head (Director) and Administrative Services Director for consideration. A written response to the grievance shall be made in writing by the Department Head (Director), after conferring with the grievant, within fifteen (15) calendar days from receipt of the grievance.

Step 3. Mediation.

If the parties are unable to reach a mutually satisfactory resolution on any grievance, which arises and is presented during the term of this Memorandum of Understanding, the parties may mutually agree to participate in mediation in an effort to resolve the grievance at this Step. The parties may

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agree upon a mediator or utilize the services of a mediator assigned through State Mediation and Conciliation Service.

Step 4. Arbitration.

In the event Mediation is unsuccessful in securing a settlement, either the Union or the Administrative Services Director may require that the grievance be referred to an impartial arbitrator within fifteen (15) calendar days of receipt of the Department Head’s (Director) response (if mediation is not utilized) or the completion of mediation. The parties may select by mutual agreement or by requesting a list of seven (7) arbitrators from State Mediation and Conciliation Service (SMCS). If a list from SMCS is utilized, the parties shall determine by lot which party is to strike the first name from the list. The parties shall alternately strike names from the list until one name remains. The fees and expenses of the arbitrator and of a Court Reporter (if mutually agreed upon) shall be shared equally by the Union and the Administrative Services Department. Each party, however, shall bear the cost of its own presentation, including preparation and post-hearing briefs, if any.

Decisions of the arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the laws.

No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union and unless such dispute falls within the definition of a grievance.

Neither any Mediator nor any arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.

C. Extension of Time Limits
The above specified time limits may be extended in writing by mutual agreement between the parties.

Failure of the employee or the Union to act within the specified time limits, unless extended and mutually agreed upon in writing, shall dismiss and nullify the grievance. Failure by the Administrative Services Department to observe such time limits, unless extended, shall cause the grievance to be moved to the next level of the grievance procedure.

D. Compensation Complaints.

All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Administrative Services Director. In such cases no adjustment shall be retroactive for more than sixty (60) days from the date upon which the complaint was filed. Only complaints which allege that employees are not being compensated in accordance with the provisions of this Memorandum of Understanding shall be considered as grievances.

E. Suspension and Discharge Grievances.

If the parties, in pursuance of the procedures outlined above resolve a grievance which involves suspension, demotion, reduction in step or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time. In the event the dispute is referred to arbitration and the arbitrator finds that the Department had the right to take the action complained of, the

6.6 Attachment 3 - American Federation of State, County & Municipal Employees (AFSCME) Council 57, Local 829, Memorandum of Understanding, effective April 1, 2025 through June 30, 2029

100

30 arbitrator may not substitute their judgment for the judgment of management, and if they finds that the Department had such right, he may not order reinstatement and may not assess any penalty upon the Department.

F. Interpretation of Memorandum
No changes in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from Mediation or arbitration proceedings hereunder) will be recognized unless agreed to by the Administrative Services Director and the Union.

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31 Article 8 LAYOFF PROCEDURE
Section 1 – Definition

Layoff shall mean the separation of employees from the active work force due to lack of work or funds, organization or duty changes, or the abolition of positions by the Council/Board. The City/District Manager shall approve the number and location in the City/District work force in which layoffs shall occur.

Section 2 – Notice to Employees
Regular full-time, regular part-time and probationary employees shall receive written notice stating the reason for a layoff a minimum of sixty (60) days prior to the date of expected layoff.

With such notice, the Employee shall be informed of the procedure to be followed and the rights to which the employee is entitled. Similar notice shall be provided to the Union for the represented classes affected. Department Heads shall make every effort to allow Employees who will be laid off reasonable time to seek other employment.

Section 3 – Layoff Order and Procedure

3.1In the event of the need for layoffs, employees will be laid off in the following order:
a. Seasonal
b. Temporary
c. Part-time
d. Probationary
e. Regular Part-time
f. Regular Full-time

3.2 Layoff shall be based on seniority of initial hire / anniversary date as defined in the City/District Personnel Rules and Section 37 of this MOU.

Maintenance Unit -- An Employee who is laid off from the employee’s classification shall be entitled to displace another Employee with less seniority in an equal or lower paying classification in the employee’s unit, for which the employee meets the minimum qualifications and in which the employee has held prior status.

General Unit -- An Employee shall have the right to displace an Employee in a classification in the employee’s unit, for which the employee meets the minimum qualifications and over whom the employee has seniority.

The laid off Employee who has successfully displaced another Employee shall be placed in the employee’s chronological position of seniority in the new class. Employees identified for layoff who have seniority (displacement) rights to equal or lower paying classifications must declare their intention to exercise these rights at least twenty-five (25) days prior to layoff, otherwise displacement rights will automatically terminate. Employees of another representation unit may not be displaced. (An Employee who declares seniority rights may not also claim priority employment rights for other vacant positions pursuant to Section 4, below.) Employees laid off as a result of another Employee's exercise of seniority rights shall not be entitled to an

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32 additional thirty (30) days’ notice, but the minimum notice shall be fourteen (14) days.

Section 4 – Priority Employment Rights

4.1 After all Employees have exhausted their displacement rights pursuant to Section 3 above, any vacant positions remaining in the unit may be filled by Employees meeting the minimum qualifications of such positions on the basis of total City/District seniority, except that no Employee may fill a vacant position which is at a higher salary range than that from which the employee was originally laid off.

4.2 When all laid off Employees within a unit have fully exercised their priority employment rights under Section 4 above, Employees remaining on layoff shall be entitled to transfer into positions outside the representation unit for which they possess the minimum qualifications pursuant to City/District Personnel Rule 13.12.

Section 5 – Reemployment Lists

5.1An Employee shall be placed on the Reemployment List for any classification from which laid off and any classification previously held in the unit. Employees shall be ranked on such lists in order of total City/District seniority.

5.2 A laid off Employee who has fully exercised the employee’s rights pursuant to Section 37.1 above shall be entitled to be placed on the Reemployment Lists for classifications outside the representation unit, only pursuant to City/District Personnel Rule 13.12.

Section 6 – Status of Laid Off Employees
Layoff for regular and probationary Employees is considered a leave of absence without pay (See Section 42) until an Employee resigns. Termination occurs at the end of the life of a reemployment list. Layoff is not the same as termination unless the Employee chooses to terminate in lieu of being placed on a reemployment list.

Section 7 – Fringe Benefits
In the event of layoff, a regular full-time or probationary Employee may continue to participate in the Employee insurance plans until termination of reemployment lists or resignation if premiums are paid in full by Employee and the contract permits. Agreement to pay premiums must be in writing.

Other fringe benefits such as worker's compensation and unemployment insurance will cease on the last day on payroll. Sick leave and vacation accruals will cease on the last day on payroll.

Any unused discretionary leave should be used within the thirty (30) day notice period as it cannot be paid or carried as an accrual.

Contributions to PERS will cease on the last day on payroll. Full-time Employees who have been members of PERS for five full-time years or more may:
a. Leave contributions on interest-bearing deposit; or
b. Apply for retirement, if eligible under PERS criteria; or

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33 c. Apply for a refund.

Employees who have less than five years’ service may apply for a refund or leave funds on deposit for one year. Details should be obtained from the PERS Office.

The provisions of Section 11 shall apply to unused sick leave payout for regular employees upon the termination of the reemployment list unless an Employee requests the payout provisions at an earlier date. Payment for unused vacation time will be made in a lump sum at this time or at a later date if desired.

Section 8 – Reemployment
The City/District will send notice of reemployment by certified mail to the last address of record but has no responsibility to attempt to trace an Employee if such notice is not delivered by the Post Office. It is the responsibility of the Employee who has been laid off to keep the City/District informed as to their current address and telephone number. Employee has ten (10) working days in which to notify the City/District by mail, telephone or otherwise, regarding intention to return to position offered. If at the end of ten (10) working days from date of notice, no response has been received from Employee on layoff, City/District will be entitled to fill positions in the following order: (a) the laid off Employee next in line for recall, if available for work, until the reemployment list is exhausted, and then; (b) by the normal recruiting process. An Employee on layoff shall have the right to refuse an offer of reemployment without forfeiting the right to reemployment or the employee’s place on the list. If the Employee on layoff fails to respond within ten (10) working days of mailing of two separate written offers of reemployment sent by certified mail, the Employee shall forfeit the right to reemployment pursuant to the terms of this Layoff Procedure and the employee’s name shall be removed from the reemployment list.

In order to expedite the reemployment process, the City/District may notify more than one Employee simultaneously, indicating the order of priority to each person.

The right to reemployment is contingent upon the ability of the Employee to meet the physical and other requirements of the position to which the employee is being returned.

Section 9 – Status of Rehired Employees
Regular and probationary Employees rehired within 12 months following layoff shall be considered as having been on leave of absence without pay. If rehired within 12 months, the Employee shall be credited with prior service for purposes of vacation accrual and seniority.

This means the Employee will return to the employee’s previous status for accruing benefits but does not accrue benefits during the layoff period. Employees rehired to a regular position shall retain the sick leave balance at time of layoff unless the employee received payoff for said sick leave.

Section 10 – Anniversary Date of Rehired Employees
Layoff time which exceeds 30 days shall cause the anniversary date of the Employee to be adjusted commensurate with the length of absence from work.

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34 Section 11 – Pay of Rehired Employees
An Employee rehired into the classification from which originally laid off shall be paid at the current rate for that classification and at the pay step held at the time of layoff.

An Employee rehired into a classification previously held but not that from which originally laid off shall be paid at the current rate for that classification and at the pay step which most closely approximates, but does not exceed, the pay step held in the classification from which originally laid off.

An Employee rehired into a classification not previously held shall be paid at the current rate for that classification and at a pay step recommended by the department head and approved by the City/District Manager.

Section 12 – Medical Examination for Rehires
An Employee, to be rehired, must pass a medical examination. At the time of layoff, exit interviews will be conducted, which will include a medical checklist for the Employee to complete; complete recovery from worker's compensation injuries must be testified to.

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35 Article 9 MISCELLANEOUS TERMS AND CONDITIONS OF

EMPLOYMENT
Section 1 – Non-Discrimination

1.1 There shall be no discrimination by the City/District, recognized employee organizations, or anyone employed by the City/District for or against any Employee or applicant for employment, promotion, demotion or discharge, because of race, religious creed, color, ancestry, national origin, sex or sexual preference, marital status, political opinions or affiliations, or lawful employee organization activities; and to the extent prohibited by applicable State and Federal law, there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from performing the essential duties established for the position for which the employee is applying.

1.2 The City/District and the Union recognize that the City/District has an obligation under law to meet with individual Employees who allege a need for a reasonable accommodation in the workplace because of a disability. If by reason of the aforesaid requirement, the City/District contemplates actions to provide reasonable accommodation to an individual Employee in compliance with the Americans with Disabilities Act (ADA) which are in potential conflict with any provision of this MOU, the Union will be advised of any such proposed accommodation and be afforded an opportunity to discuss same prior to implementation by the City/District.

Section 2 – Access to Personnel Files

2.1 Employees have the ability to access their personnel file and request removal of documents, pursuant to City/District Personnel Rule 3.06.

2.2 Removal of Documents – Employees may request in writing to the Director of Human Resources, that letters of reprimand which are three (3) years or older be removed from the employee’s personnel file, provided that the following conditions are met:
a. The letters of reprimand are more than three (3) years old; b. The filed does not contain subsequent letters of reprimand or records of disciplinary action; and
c. The employee has not been notified in writing of pending disciplinary action at the time the written request to remove said letters of reprimand.

Section 3 – Job Specifications

3.1 New or revised job descriptions shall be sent to the Union Business Agent and steward representing the affected classification. The Union shall be given the opportunity to discuss job specifications for classes represented by the Union with the City/District prior to submittal to the Council/Board.

The parties agree to meet and confer on the job descriptions recommended by Koff &

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36 Associates after further revision by management.

3.2 An Employee may request a copy of the employee’s job description from Human Resources. Job descriptions are also available on the City/District website, www.fostercity.org.

3.3 The City/District shall pay the Class B Driver's License renewal fees for any Employees in job classifications which require this license as a condition of employment. If an Employee is not eligible to obtain or renew the license by mail, will be granted two hours paid time off at the end of the workday to obtain or renew the license.

Section 4 – Personnel Rules
The City/District agrees to meet and confer with the Union on proposed changes to the existing City/District Personnel Rules affecting matters within the scope of representation.

Section 5 – Transfer, Promotion, Demotion
Provisions regarding transfer, promotion, and demotion are found in the City/District Personnel Rules.

Section 6 – Discipline, Discharge
A. Disciplinary Action and Discharge
The City shall have the right to issue disciplinary action and discharge employees for just cause. A list of examples for cause are found in the City’s Personnel Rules and Regulations.

B. Procedure
The City and the Union recognize the intent of disciplinary action is to remedy performance problems and modify behavior. While the City will attempt to accomplish those objectives through training and progressive disciplinary action, the City reserves the right to issue disciplinary action, up to and including discharge, based on just cause and the circumstances of each case. Serious or repeated offenses may call for disciplinary action commensurate with the offense or totality of the circumstances and not necessarily based upon the premise of progressive disciplinary action.

C. Right to Representation
An employee shall have a right to a Union Steward present in an investigatory meeting which the employee reasonably believes could lead to disciplinary action. The employee shall arrange for representation at the earliest possible time.

D. Disciplinary Action Notices
The Administrative Services Department agrees to provide the Union with copies of all disciplinary action and discharge notices within five (5) business days after issuance. The Union may contest any disciplinary action or discharge by filing a written grievance at Step 1 of the grievance procedure

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37 contained in Grievance section TBD

E. Retention Period

Disciplinary action issued and upheld following the exhaustion of appeal(s) under this Agreement for harassment/discrimination and workplace violence shall remain in an employee’s personnel file and may be considered for purposes of further disciplinary action for the duration of an employee’s employment with the Department.

F. Disclosure
The Administrative Services Department will, upon request of the Employee, provide the Union copies of any documents relied upon by the Administrative Services Department in support of the disciplinary action or discharge including, but not limited to, all investigative reports, witness statements and physical evidence. Where such documents contain confidential patient care or legal information, such confidential information will be redacted before providing the documents to the Union.

Section 7 – Light Duty / Light Work
Provisions regarding light duty work are found in the City/District Personnel Rules.

Section 8 – Seniority

8.1 Seniority is based on hire/anniversary date as defined in the City/District Personnel Rules and Regulations.

8.2 Seniority will be a factor in determining promotions and vacations.

8.3 Employees who involuntarily separate from employment who are subsequently rehired by the City/District in the same or equivalent position within 12 months of separation from employment, will have their previous seniority reinstated to the time which they stopped accruing seniority.

Section 9 – Uniform Policy

9.1 Safety Boots –The City/District will provide a boot allowance of $300 per fiscal year for probationary and regular Employees for the purchase of safety-toed footwear complying with the Standard Test Methods for Foot Protection and Standard Specification for Performance Requirements for Foot Protection. The safety boot allowance will be paid in the month of July of each fiscal year. The wearing of footwear as defined herein shall be required of all maintenance unit Employees, Senior Engineering Technicians, Engineering Technicians, Building Inspectors, and Building Service Coordinators, unless medically unable to do so pursuant to written doctor's instructions. New employees hired into any of the above job classifications shall be immediately eligible for the $300 boot allowance which will be provided on the pay date when the employee receives their first paycheck. Employees shall comply with management direction regarding the condition and appearance of work attire.

9.2 The uniform requirements for the Parks and Public Works Maintenance Employees shall be

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38 as set forth in the City/District Uniform Policy for Parks and Public Works Maintenance Employees. The current Uniform Policies are attached to this MOU as Attachments C and D.

The City/District agrees to meet and confer on proposed changes that directly impact Employees.

9.3 The uniform stipend for Senior Community Service Officers (CSOs) shall be used for the purchase and maintenance of uniforms, footwear and other necessary equipment. Senior CSOs shall be required to adhere to the maintenance standards, uniform specifications and appearance standards established by the Police Department. Uniforms and footwear shall become the property of the Employee after purchase and shall not be returned to the City/District in lieu of repaying any prorated uniform stipend upon termination.

Newly appointed Senior CSOs shall, upon completion of the second pay period after the initial date of employment or upon completion of the second pay period occurring after being required to wear a uniform, receive the $650 uniform stipend per fiscal year towards the initial uniform and footwear expense. New hires shall not be entitled to any additional uniform stipend during the first year of employment with the City/District. Upon completion of one (1) year as an Employee, such Employee shall receive $54.17 per month for each month of service to be completed between the end of the first year of employment and the next July. Employees eligible for initial uniform stipend who terminate before completing one (1) year of service shall reimburse the City/District a prorated amount of $54.17 for each month of service not completed by deduction from the Employee's final paycheck. After completing the first year of service, the continuing uniform stipend shall apply as provided below.

In July of each calendar year, the City/District shall pay to each Senior CSO who is required to wear a uniform, the uniform stipend in a lump sum of $650 (non-PERSable) per fiscal year.

Employees who terminate City/District employment for any reason shall be entitled only to compensation at the rate of $54.17 for each month of service in the fiscal year and shall reimburse the City/District a prorated amount of $54.17 for each month of service not completed, by deduction from the Employee's final paycheck. The City will research via CalPERS the uniform stipend for Senior CSO to allow the compensation to be listed as PERSable Special Compensation.

Alternate Uniform Provisions - The City/District retains the option of considering and implementing alternative methods of providing uniforms to Employees and nothing herein shall limit the option. The City/District and AFSCME will discuss alternate methods before a change is undertaken.

Code Enforcement Officer and Building Inspectors will receive uniforms from City management annually.

9.4 Protective Vests - Senior CSOs – The City/District shall provide Senior CSOs assigned to Patrol with protective vests of a type approved by the Chief of Police. Decisions on who receives a replacement vest each year will be based on the following criteria, in this order:

1. New hire needing a fitted vest

2. Condition of current vest

3. Age of current vest

4. Seniority

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39 In no case shall any vest be in service longer than eight (8) years of cumulative active use, unless the manufacturer's warranty exceeds that period.

Section 10 – Education and Career Development
The City/District and the Union have a mutual interest in providing and supporting training and career development opportunities for its Employees. To this end, both parties will work cooperatively to adhere to the provisions of the City/District Educational Reimbursement Program Policy.

Section 11 – Contracting Work
The City/District will notify the Union with a written notice (hard copy or email) a reasonable time prior to making the final decision of contracting or subcontracting work customarily performed by members of the Union bargaining units; the Union shall be given an opportunity to engage in impact bargaining on the effect(s) of the proposed action upon its members and, upon request, to propose and effective and economical alternative way in which such services could continue to be provided by the City/District's own Employees. In the event that the City/District decides to contract, or subcontract work the City/District will
1) make reasonable efforts to transfer affected Employees to positions for which they meet minimum qualifications, 2) pursue in a reasonable manner obtaining employment for affected Employees with the proposed contractor or subcontractor, and 3) provide thirty (30) days written notice to all affected Employees prior to contracting work. However, the City/District does not guarantee employment in the event work is no longer performed by City/District Employees.

Section 12 – Temporary Employees
Provisions regarding temporary Employees are found in the City/District Personnel Rules.

Section 13 – Labor Management Committee (LMC)

13.1 Labor/Management Relation - The Employer and the Union recognize that the character and quality of the Union/Management relationship in each Department has an impact upon productivity and quality of services. Accordingly, the parties agree to support joint Labor/Management training in skills and concepts which may contribute to increased Union/Management understanding and cooperative relationship

13.2 Purpose and Agenda
a. The purpose of these committees is to provide a means for continuing communication between the parties and to promote a climate of constructive Employee- Employer relations.
b. This would include, but is not limited to, such activities as to:
o Discuss the administration of this Agreement;
o Notify the Union of changes contemplated by the Employer which may affect bargaining unit employees;
o Discuss the future needs and programs of the Employer; o Disseminate general information of interest to the parties; o Give the Union representatives the opportunity to discuss the views of bargaining unit employees and/or make suggestions on subjects affecting those employees;

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40 o Give the parties the opportunity to discuss the problems that give rise to outstanding grievances and to discuss ways of preventing contract violations and other workplace conflicts from occurring;.
o Proposed work rules will be an appropriate subject for discussion; and o Scope of bargaining issues and grievances will not be an appropriate topic for Labor/Management Committees.

13.3 Department Committee Meetings. Equal number of management and union, chosen by each respective side. Shall meet consistently as needed. The union will provide an agenda beforehand.

Either Management or the Union can invite special attendees to either speak to an agenda item or provide neutral feedback to achieve resolution.

13.4 City Wide LMC- Equal number of management and union, chosen by each respective side.

Shall meet consistently as needed. The union will provide an agenda beforehand. Either Management or the Union can invite special attendees to either speak to an agenda item or provide neutral feedback to achieve resolution.

13.5 Minutes will be kept of all committee meetings. Copies will be distributed out the Thursday before the meeting to all parties in attendance.

Section 14 – Meet and Confer
The parties agree to meet and confer during the first quarter 2026 regarding; o Options for 50% sick leave into VEBA and
o Reaffirming opt-in/opt-out VEBA status after guidance with an expert in Internal Revenue Code Section 501(c)(9). In the interim, employees will have the option to opt in and opt-out during the 2025 Open Enrollment period.

Article 11 PROVISIONS OF LAW
Section 1 – City / District Rights

Except as expressly limited by this MOU, and as thereafter amended or modified, it is understood and agreed by the Union that the City/District retains all of its powers to direct, manage and control the affairs of the City/District to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of services to be provided and the methods and means of providing them; establish City/District policies, goals and objectives; maintain the efficiency of City/District operations; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; and contract out work. In addition, the City/District retains the right to hire, classify, assign, evaluate, promote, terminate and discipline regular employees for just cause and probationary employees in accordance with relevant local ordinances and rules and State and Federal statutes.

Section 2 – Effect of Agreement
To the extent there is a conflict, it is understood and agreed that the specific provisions contained

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41 in this MOU shall prevail over City/District rules, regulations, policies and procedures. It is further understood and agreed that in the absence of specific provisions in this MOU, such City/District rules, regulations, policies and practices shall remain in full force and effect during the term of this MOU.

The terms and conditions set forth in this MOU represent the full and complete understanding and commitment between the parties. The terms and conditions may be altered, changed, added to, deleted from, or modified only through the voluntary and mutual consent of the parties in a written amendment to the MOU. During the term of this MOU, the Union agrees that the City/District shall not be obligated to meet and confer with respect to any subject matter covered in this MOU.

Section 3 – Statement of Understanding
It is the intent of the parties that ordinances, resolutions, rules, and regulations enacted pursuant to this MOU be administered and observed in good faith.

Section 4 – Severability

In the event that any provision of this MOU is declared by a court of competent jurisdiction to be illegal, invalid, or unconstitutional, such finding shall not affect the validity of the remaining provisions, the balance of which provisions shall remain in full force and effect for the term of this MOU.

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42 Article 12 TERM OF THIS MEMORANDUM OF UNDERSTANDING
The City/District and the Union agree by their signatures hereto that the wages, hours, terms and conditions of employment contained herein shall be continued in full force and effect during the term of this MOU except as otherwise provided herein. Contingent upon ratification by members of the Union and contingent upon adoption by the City Council of the City of Foster City/Board of Directors of the Estero Municipal Improvement District of a Resolution approving this MOU, the term shall commence on April 1, 2025, and shall expire on June 30, 2029.

Staff Representatives of the Representatives of Council 57, Local 829, City of Foster City / American Federation of State, County and Estero Municipal Improvement District Municipal Employees

Stefan Chatwin Date Melissa Lin Date

Diane Pitman Date Daniel Weber Date

David Liu Date Marcel Stevenson Date

__________________________________
Dawud Brewer Date Ryan Shannon, AFSCME Date

__________________________________
Austris Rungis, IEDA Date

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43 Attachment A

Represented Classifications

The City/District acknowledges that the American Federation of State, County and Municipal Employees, Council 57, Local 829 is the recognized employee organization which, within the scope of representation, represents the bargaining unit consisting of all regular employees in the following classifications:

AFSCME Bargaining Unit
Accounting Specialist
Administrative Assistant I
Administrative Assistant II
Building Inspector
Building Lead Maintenance Worker
Building Maintenance Worker I
Building Maintenance Worker II
Building Permit Technician I
Building Permit Technician II Building
Services Coordinator
Code Enforcement Officer I
Code Enforcement Officer II
Equipment Maintenance Worker
Irrigation Technician
Mechanic I
Office Assistant I
Office Assistant II
Parks Lead Maintenance Worker
Parks Maintenance Worker Parks
Maintenance Worker I Parks
Maintenance Worker II
Plans Examiner
Police Records Specialist
Public Works Lead Maintenance Worker
Public Works Maintenance Worker Public
Works Maintenance Worker I Public
Works Maintenance Worker II
Recreation Coordinator I
Recreation Coordinator II
Senior Accounting Specialist
Social Media/Communication Assistant
Senior Building Inspector
Senior Community Services Officer
Senior Engineering Technician

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44 Attachment B Salaries

Effective April 1, 2025, wages for classes represented by the Union shall be listed below:

AFSCME
543 Plans Examiner $ 62.6537 $ 65.7864 $ 69.0757 $ 72.5295 $ 76.1560 525 Sr. Bldg Inspector $ 56.8288 $ 59.6702 $ 62.6537 $ 65.7864 $ 69.0757 507 Building Inspector $ 51.5454 $ 54.1227 $ 56.8288 $ 59.6702 $ 62.6537 256 Code Enforcement Officer II $ 48.5554 $ 50.9832 $ 53.5324 $ 56.2090 $ 59.0195 509 Sr. Engineering Technician $ 45.7266 $ 48.0129 $ 50.4135 $ 52.9342 $ 55.5809 262 Recreation Coordinator II $ 45.1764 $ 47.4352 $ 49.8070 $ 52.2974 $ 54.9123 536 Public Works Lead Maintenance Worker $ 43.7108 $ 45.8963 $ 48.1911 $ 50.6007 $ 53.1307 501 Mechanic I $ 43.4795 $ 45.6535 $ 47.9362 $ 50.3330 $ 52.8497 247 Social Media / Communication Assistant $ 42.9514 $ 45.0990 $ 47.3539 $ 49.7216 $ 52.2077 261 Building Lead Maintenance Worker $ 42.9133 $ 45.0590 $ 47.3120 $ 49.6776 $ 52.1615 537 Parks Lead Maintenance Worker $ 42.9133 $ 45.0590 $ 47.3120 $ 49.6776 $ 52.1615 926 Irrigation Technician $ 42.9133 $ 45.0590 $ 47.3120 $ 49.6776 $ 52.1615 544 Building Permit Technician II $ 42.3255 $ 44.4418 $ 46.6639 $ 48.9971 $ 51.4470 263 Administrative Assistant II $ 41.8667 $ 43.9600 $ 46.1580 $ 48.4659 $ 50.8892 265 Recreation Coordinator I $ 40.9763 $ 43.0251 $ 45.1764 $ 47.4352 $ 49.8070 268 Building Maintenance Worker II $ 40.6447 $ 42.6769 $ 44.8107 $ 47.0512 $ 49.4038 529 Public Works Maintenance Worker II $ 39.6470 $ 41.6293 $ 43.7108 $ 45.8963 $ 48.1911 518 Sr. Comm. Services Officer $ 39.1437 $ 41.1009 $ 43.1559 $ 45.3137 $ 47.5794 530 Parks Maintenance Worker II $ 38.9236 $ 40.8698 $ 42.9133 $ 45.0590 $ 47.3120 528 Senior Accounting Specialist $ 40.4874 $ 42.5118 $ 44.6374 $ 46.8693 $ 49.2128 503 Equipment Maintenance Worker $ 38.4753 $ 40.3991 $ 42.4191 $ 44.5401 $ 46.7671 527 Building Permit Technician I $ 37.9955 $ 39.8953 $ 41.8901 $ 43.9846 $ 46.1838 264 Administrative Assistant I $ 37.9743 $ 39.8730 $ 41.8667 $ 43.9600 $ 46.1580 516 Accounting Specialist $ 36.7232 $ 38.5594 $ 40.4874 $ 42.5118 $ 44.6374 267 Building Maintenance Worker I $ 36.6462 $ 38.4785 $ 40.4024 $ 42.4225 $ 44.5436 310 Building Services Coordinator $ 36.6462 $ 38.4785 $ 40.4024 $ 42.4225 $ 44.5436 517 Police Records Specialist $ 37.3335 $ 39.2002 $ 41.1602 $ 43.2182 $ 45.3791 531 Public Works Maintenance Worker I $ 35.9610 $ 37.7590 $ 39.6470 $ 41.6293 $ 43.7108 255 Code Enforcement Officer I $ 35.7448 $ 37.5320 $ 39.4086 $ 41.3790 $ 43.4480 532 Parks Maintenance Worker I $ 35.3049 $ 37.0701 $ 38.9236 $ 40.8698 $ 42.9133 519 Office Assistant II $ 33.5668 $ 35.2451 $ 37.0074 $ 38.8578 $ 40.8007 534 Public Works Maintenance Worker $ 32.6177 $ 34.2486 533 Parks Maintenance Worker $ 32.0227 $ 33.6238
520 Office Assistant I $ 30.4462 $ 31.9685

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45 Attachment C

UNIFORM POLICY FOR

PUBLIC WORKS MAINTENANCE EMPLOYEES (INCLUDES BUILDING/VEHICLE MAINTENANCE DIVISION)

The following shall be the policy of the City/District for uniforms of AFSCME Public Works Maintenance Unit employees. City shall contract with a uniform supply company and issue the following. Uniform style and color shall be determined by mutual agreement between AFSCME and Management but shall be consistent throughout the unit.

Standard uniform issue to employees shall be:

A Eleven (11) pair of pants and shirts with City logo, approved by the Public Works Director; B. One (1) long sleeve winter jacket with City logo (supplied by City); C. One (1) pair of coveralls;
D. One (1) set of safety rated rain gear -coat, pants and rain boots.

Employees are not to alter the uniforms in any way. Coveralls may be worn when working in dirty areas in order to protect clothing. Paper coveralls shall be provided to those employees painting or working in extremely dirty areas. Employees will not be permitted to wear cloth, soft-soled or other soft shoes while working. Employees must wear steel toed boots.

Employees must carry their City-issued identification badge while at work to identify them as City employees to any third party. An employee on standby who receives a callout shall not be required to wear the above mentioned uniform but must wear clothing (such as a reflective vest or jacket issued by the City) that identifies them as a City employee and carry their City-issued identification badge.

The wearing of the safety vest is required at all times when on duty except when indoors or in the Corporation Yard.

Employees shall maintain a neat, clean appearance. Uniforms supplied by the uniform supply company shall be washed and maintained by the company. The City/District will clean coveralls.

Employees who fail to adhere to this policy without good cause may be subject to progressive disciplinary action up to and including termination.

Upon terminating employment, employees shall return all issued uniforms and equipment to their supervisor. Replacement value of uniforms and equipment not returned or damaged shall be deducted from the employee's final check.

Effective July 1, 2017

Kevin M. Miller, City Manager

Human Resources

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46 Attachment D

Side Letter of Agreement Between
City of Foster City/Estero Municipal Improvement District And Council 57, Local 829
American Federation of State, County and Municipal Employees February

2.0, 2019
The parties have met and conferred and hereby agree to the following changes to the current Fiscal Year 2017-2019 Memorandum of Understanding between the City of Foster City/Estero Municipal Improvement District (the "City/District") and Council 57, Local 829, American Federation of State, County and Municipal Employees ("AFSCME" or "Union") ("MOU"):

Section 55.3 of the MOU, Uniform Policy -Alternate Uniform Provision, describes the uniform policy for AFSCME Employees. Section 55.3 states that the City/District retains the option of considering and implementing alternative methods of providing uniforms to Employees and nothing herein shall limit the option. The City/District and AFSCME will discuss alternate methods before a change is undertaken.

After meeting with three different suppliers, Parks and Recreation Management is proposing that the City use a company called Mission Uniforms to provide the following services:
• Supply 11 pants to the Parks Department
• Supply 11 shirts to the Parks Department
• Provide weekly laundry services
• Optional on demand printing and embroidering for any number of other components. (hats, jackets, sweatshirts)
The services provided by Mission Uniform is similar to what the Department of Public Works currently has, and the majority of Parks Staff is in support of using their services.

Staff Representatives of the City of
Foster City/Estero Municipal
Improvement District

Representatives of Council 57,
Local 829, American
Federation of State,
County and Municipal
Employees

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48 Attachment E
Foster City CARE Pilot Program

Foster City CARE Leave Policy
It is the intent of the City of Foster City to provide its employees with salary continuation, in addition to traditional leave programs, to allow employees to care for themselves and loved ones during a qualifying event as defined within this policy. CARE leave is intended to serve as a limited short-term income replacement benefit for eligible employees.

Effective May 1, 2025 CARE leave may be provided to employees who qualify for the Family and Medical Leave Act (FMLA) and/or California Family Rights Act (CFRA) in accordance with applicable laws and/or city policy.

CARE leave provides an employee with salary continuation while on a leave of absence during a qualifying event as follows:

a. During the first 2 weeks, or 80 hours, the employee will be paid 100% of their normal salary. b. After 2 weeks, or 80 hours, the employee will be paid 75% of their normal salary for a maximum of 400 hours, or 10 weeks. Employees may use accrued leave hours to coordinate with the 75% CARE leave to maintain 100% of their normal salary.

Qualifying events under FMLA/CFRA may include:

• The employee’s own serious health condition
• Bonding with a newborn, adopted, or foster child
• Caring for a spouse, domestic partner, child, or parent with a serious health condition • Qualifying military exigency leave
• Military caregiver leave

CARE leave is not available to employees who are receiving salary continuation benefits through other programs, such as Labor Code 4850 (applicable to certain safety classifications) or Industrial Disability Leave. Employees on a leave of absence due to a workplace injury who are receiving benefits under these programs are not eligible to receive CARE leave for the same period of absence.

CARE leave is not an accrued leave or guaranteed benefit. It is a discretionary program provided by the City to support employees during qualifying events under FMLA/CFRA. Employees do not have a vested right to CARE leave, and it may be denied in certain circumstances. A denial of CARE leave shall not be subject to the grievance procedure. However, employees may appeal any denial of CARE leave to the Administrative Services Director, whose decision shall be final. The union shall be notified in writing of each denial, excluding any confidential medical information, but including the reason for the decision. CARE leave requests shall not be unreasonably denied.

In cases where two employees are either married, registered domestic partners, or designated person, and both employees are eligible for CARE leave there is no requirement that the leave be taken at the same time. Each employee may request and use CARE leave independently, in accordance with their own qualifying FMLA/CFRA event and eligibility. If an employee returns to work part-time within the FMLA/CFRA 12-week period, CARE salary continuation will be coordinated with work hours and leave hours so that an employee does not receive more than 100% of their normal salary.

New Employees (first 12 months of employment)
Newly hired employees are eligible for up to 80 hours of CARE leave at 100% salary continuation at their current

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49 pay rate, and an additional 240 hours at 75% salary continuation at their current pay rate. Employees may use accrued leave hours to coordinate with the 75% CARE leave to maintain 100% of their normal salary. During their first 12 months of employment, new employees are only eligible for CARE leave under the following circumstances:
a. The birth of a child who resides with the employee and for whom the employee has physical and legal custody; or
b. The placement with the employee of either a child for adoption or foster care who resides with the employee and for whom the employee has physical and legal custody. c. On a case-by-case basis, employees may be allowed CARE leave for a FMLA/CFRA qualifying event outside of those listed above.

CARE Leave During Probationary Period
CARE leave shall not count as time worked for the purposes of completing a probationary period. All employees who are serving a probationary period shall have their probationary period extended by the total amount of CARE leave taken during probation, but only if the leave exceeds 40 hours.

Overtime
CARE leave shall not be considered hours worked for the purpose of calculating overtime compensation.

Pilot Program
CARE leave is a pilot program for a two (2) year period commencing May 1, 2025, through April 30, 2027, and may be extended or revised by mutual agreement of the parties. In addition, the parties agree to meet at least annually to discuss the program, and make adjustments if necessary, based on any issues that may be occurring during the pilot. CARE leave applies to leave that has been approved within the effective dates of the pilot program and shall not be retroactively applied.

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MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT

DISTRICT
AND
COUNCIL 57, LOCAL 829

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL

EMPLOYEES
EFFECTIVE SEPTEMBER 9, 2024April 1
2025, THROUGH
SEPTEMBER 8, 2027June 30, 2029

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Table of Contents

Article 1. WAGES AND OTHER COMPENSATION .................................................................... 4 Section 1 – Wages and Retirement ....................................................................................................... 4 Section 2 – Merit Increases ................................................................................................................... 6 Section 3 – Probationary Period ........................................................................................................... 6 Section 4 – Pay for Work in Higher Class ............................................................................................ 6 Section 6 – Premium / Additional Pays ................................................................................................ 8 Section 7 – Certification Accomplishment Pay .................................................................................. 12 Section 8 – Flexible Benefits Plan ...................................................................................................... 14 Section 9 – Long Term /Accident Disability Insurance ...................................................................... 15 Section 10 – Life Insurance Premium ................................................................................................. 15 Section 11 – Sick Leave Payment ....................................................................................................... 16 Section 12 – Employee Assistance Program (EAP) ........................................................................... 16 Section 13 – Voluntary Deferred Compensation Program ................................................................. 16 Section 14 – Employee Service Recognition Plan .............................................................................. 16 Section 15 – Vision / Professional Development Reimbursement ..................................................... 17 Section 16 – VEBA Program .............................................................................................................. 18 Article 2 HOLIDAYS ....................................................................................................................... 20 Section 1 – Official City/District Holidays ......................................................................................... 20 Article 3 VACATION AND OTHER LEAVES ............................................................................. 21 Section 1 – Vacation Accrual ............................................................................................................. 21 Section 2 – Discretionary Leave ......................................................................................................... 22 Section 3 – Service Recognition Leave .............................................................................................. 22 Section 4 – Funeral / Bereavement Leave .......................................................................................... 22 Section 5 – Sick Leave Accrual and Use ............................................................................................ 23 Section 6 – Industrial Disability Leave ............................................................................................... 24 Section 7 – Other Leave Provisions .................................................................................................... 24 Article 4 REPRESENTATION ........................................................................................................ 25 Section 1 – Advance Notice ................................................................................................................ 25 Section 2 – Stewards ........................................................................................................................... 25 Section 3 – Representation for Employees at Interviews ................................................................... 26 Section 4 – Bulletin Boards ................................................................................................................ 26 Article 5 DUES DEDUCTION ......................................................................................................... 27

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Section 1 – Dues Deduction ................................................................................................................ 27 Section 2 – PEOPLE Deduction ......................................................................................................... 28 Section 3 – Hold Harmless ................................................................................................................. 28 Article 6 SAFETY ............................................................................................................................. 29 Section 1 – Safety Program ................................................................................................................. 29 Article 7 GRIEVANCE PROCEDURE .......................................................................................... 29 Section 1 – Grievance Procedure ........................................................................................................ 29 Article 8 LAYOFF PROCEDURE .................................................................................................. 32 Section 1 – Definition ......................................................................................................................... 32 Section 2 – Notice to Employees ........................................................................................................ 32 Section 3 – Layoff Order and Procedure ............................................................................................ 32 Section 4 – Priority Employment Rights ............................................................................................ 33 Section 5 – Reemployment Lists ........................................................................................................ 33 Section 6 – Status of Laid Off Employees .......................................................................................... 33 Section 7 – Fringe Benefits ................................................................................................................. 33 Section 8 – Reemployment ................................................................................................................. 34 Section 9 – Status of Rehired Employees ........................................................................................... 34 Section 10 – Anniversary Date of Rehired Employees ...................................................................... 34 Section 11 – Pay of Rehired Employees ............................................................................................. 35 Section 12 – Medical Examination for Rehires .................................................................................. 35 Article 9 MISCELLANEOUS TERMS AND CONDITIONS OF EMPLOYMENT ................. 36 Section 1 – Non-Discrimination ......................................................................................................... 36 Section 2 – Access to Personnel Files ................................................................................................. 36 Section 3 – Job Specifications ............................................................................................................ 36 Section 4 – Personnel Rules ................................................................................................................ 37 Section 5 – Transfer, Promotion, Demotion ....................................................................................... 37 Section 6 – Discipline, Discharge ....................................................................................................... 37 Section 7 – Light Duty / Light Work .................................................................................................. 38 Section 8 – Seniority ........................................................................................................................... 38 Section 10 – Education and Career Development .............................................................................. 40 Section 11 – Contracting Work ........................................................................................................... 40 Section 12 – Temporary Employees ................................................................................................... 40 Section 13 – Labor Management Committee (LMC) ......................................................................... 40 Article 11 PROVISIONS OF LAW ................................................................................................. 41 Section 1 – City / District Rights ........................................................................................................ 41

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Section 2 – Effect of Agreement ......................................................................................................... 42 Section 3 – Statement of Understanding ............................................................................................. 42 Section 4 – Severability ...................................................................................................................... 42 Article 12 TERM OF THIS MEMORANDUM OF UNDERSTANDING .................................. 43 Attachment A ...................................................................................................................................... 44 Attachment B Salaries ......................................................................................................................... 45 Attachment C ...................................................................................................................................... 45 Attachment D ...................................................................................................................................... 46 Attachment E ...................................................................................................................................... 49 Foster City CARE Pilot Program ........................................................................................................ 49

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4 MEMORANDUM OF UNDERSTANDING BETWEEN

CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT AND
COUNCIL 57, LOCAL 829

Hereinafter "Employees" shall mean employees serving in classifications assigned to the AFSCME bargaining unit as defined above.

Article 1. WAGES AND OTHER

COMPENSATION
Section 1 – Wages and Retirement

1. Effective September 9, 2024, an across-the-board wage increase for all bargaining unit classifications shall be equal to three-point eight percent (3.8%). On April On April 1, 2025 Tthe wages for classes represented by the Union shall be as stated in Attachment B.

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5 5. Effective September 9, 2028, an across the board increase to base salary for all bargaining unit classifications shall be equal to a percentage movement of the SF—Oakland-Hayward, CA CPI-U April 2027 to April 2028 (Urban) with a minimum of three percent (3.0%) and a maximum of five percent (5.0%).

The following classifications will have a revision to the salary range effective April 1, 2025 as detailed below. A lump sum payment equivalent to the difference between the new step 5 and previous step 5 from September 9, 2024 to March 31, 2025 will be provided to the most senior incumbent in the classification who will be compensated at the new Step 5 rate. The newest incumbent will be placed at Step 4 which does not result in a pay cut. They will be eligible for a merit adjustment according to established rules and practices.

Step 1 Step 2 Step 3 Step 4 Step 5
Senior Accounting Specialist $40.4874 $42.5118 $44.6374 $46.8693 $49.2128 revision to all steps associated with the position effective June 1, 2023, using the salary only market data provided by Koff & Associates. The following positions and adjustments are proposed:

3. Building Maintenance Worker II – 0.6%

4. Building Permit Technician II – create by increasing current salary of Building Permit Technician I by 17%

5. Building Permit Technician I – 5.03%

6. Code Enforcement Officer II – 18.7%

7. Senior Community Services Officer – 5.5%

8. Mechanic II – create by increasing current salary of Mechanic I by 2.5%

9. Police Records Specialist – 3.2%

Current non-probationary Building Permit Technician I be reclassified to Building Permit Technician II.

Current Mechanic I be reclassified to Mechanic II.

7. Employee contributions to PERS shall be administered in accordance with Internal Revenue Code Section 414 (h)(2).

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6 8. The City/District has contracted with PERS to provide the 4th Level of 1959 Survivor Benefits.

9. The City/District shall continue to contract with PERS to provide the Military Service Credit.

10. Effective April 1, 2022, the parties agree that Classic employees will pay/contribute 0.5% toward the Employer’s PERS contribution rate.

Employee shall not receive annual merit increases beyond the maximum step of the salary range for the established job class.

Section 3 – Probationary Period

1. The probationary period for new Employees shall be for a period of not less than twelve (12) months of actual service. The length of the promotional probationary period shall be for a period of not less than six (6) months of actual service. If a promotional probationary Employee is rejected at any time, the Employee will maintain the ability to return to their his/her previous job if the position is still vacant, as provided in the City/District Personnel Rules and Regulations (hereinafter referred to as City/District Personnel Rules).

2. Further provisions regarding probationary periods are found in the City/District Personnel Rules.

Section 4 – Pay for Work in Higher Class

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7 3. An Employee who believes the employee is performing the duties of a vacant position or an absent Employee in a higher class but has not received prior written approval from the employee’s department head or division head shall immediately notify the employee’s Human Resources in writing. H u m a n R e s o u r c e s w i l l f o l l o w- up w i t h the Department Head or designee and approve or deny, within one business day, the Employee’s inquiry.

Section 5 – Work Week

Hours off between shifts shall also apply to Employees attending training, meetings, conferences or any other job-related event in which an Employee is required to be present.

4. Rest Periods after Extended Shift

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8 An Employee, who works more than fourteen (14) hours during a twenty-four (24) hour period, starting at the beginning of the Employee’s regularly scheduled start time, shall be entitled to receive a ten (10) hour rest period before returning to duty. Such rest period shall commence when the Employee goes off duty.

Shifts not filled on a voluntary basis will require Employees to be mandated to work based on seniority from lowest to highest.

Section 6 – Premium / Additional Pays

2. All work in excess of regular working hours shall be subject to prior approval of the department head.

Overtime and Compensatory Leave Time opportunities will be assigned to employees in the following manner (does not apply to emergencies):

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9 seniority.
d. In instances where Overtime assignments are filled by employees voluntarily in order of seniority, after an employee has accepted such an Overtime assignment, then that employee’s name will be rotated to the end of the Overtime Seniority Rotation List. In instances where mandatory Overtime assignments are filled by employees non-voluntarily in reverse order of seniority, then that employee’s name will be rotated to the end of the Overtime Reverse Seniority Rotation List. The rotation of employees’ names to the end of the City Seniority Lists will be done to allow for an equal rotation of Overtime assignments among employees as far as is practicable.

4. Compensatory Leave Accrual - No Employee shall be allowed to accumulate more than 120 hours of compensatory leave (80 straight hours worked).

6. Night Shift Differential – Effective July 1, 2001, there shall be a $1.10 per hour shift differential for any maintenance Employees who work non-overtime hours between 10 p.m. and 6 a.m.

a. Off-hour service (i.e., service outside the Employee's 40-hour work week) shall be provided by standby Employees.
b. Employees shall be specifically assigned standby duty by department management.

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10 on standby. The employee shall be responsible for notifying management of the replacement in advance. In the event a replacement cannot be found, it is the responsibility of the Employee to work standby as assigned.
c. Standby pay for a regularly scheduled workday (Monday through Friday) shall be $75 per calendar day of standby.

d. Standby pay for a non-regularly scheduled workday (e.g., weekend days, 9/80 day off) shall be $100 per calendar day of standby.

e. In addition to standby pay provided in (c) and (d), standby Employees who are called for service during off-duty hours by an authorized Employee shall be compensated for hours worked pursuant to Section 6.1 Overtime and Compensatory Leave, based on hours worked only and shall exclude any travel time. Pay or compensatory leave shall not be less than three (3) hours at the rate of time and one-half. The standby Employee shall perform a Yard Check on Saturdays, Sundays and holidays. The Yard Check shall be completed between 6:00 a.m. and 10:00 a.m. Performance of the Yard Check shall adhere to the “Standby S.O.P. For Public Works Maintenance Employees”. Employees completing the Yard Check will receive three (3) hours of pay at time and one-half. On weekends or holidays, should the standby Employee be on a call between the hours of 5:00 a.m. to 10:00 a.m., upon resolving the original problem, the Employee shall complete the Yard Check before returning home. In this situation, the Employee will receive the minimum of three
(3) hours of pay at time and one-half for completing the call and the Yard Check. There will not be an additional three (3) hours pay at time and one-half for the Yard Check. If the call and the Yard Check exceed three (3) hours, the standby Employee will receive pay for the total hours worked at time and one-half. Standby Employees shall advise the Public Safety dispatcher of arrival and departure from City/District facilities when called for service. If the standby Employee receives an additional call within fifteen (15) minutes of contacting Public Safety Dispatch that the employee is departing from City/District facilities, the standby Employee will return to the City/District and continue working at time and one half pay. This will not generate an additional call back minimum. If the standby Employee receives an additional call from Public Safety Dispatch, the employee is still within the three (3) hour time frame from the initial call and sixteen (16) minutes or more have passed since departing City/District facilities, the Employee will return to the City/District and be paid for a minimum of two (2) hours at time and one half.

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11 City/District's Confined Space Policy which is included in the Citywide Safety Program Manual, and which shall comply with all appropriate Federal or State regulations. j. Routine One-Week Standby Schedule:

9. Court-Time Pay - Senior Community Service Officers subpoenaed to court in their capacity as an Employee of the City/District during off-duty hours shall receive a minimum of four (4) hours paid at a rate of time and one-half. However, if the scheduled court appearance falls within one hour prior to the commencement of theirhis/her scheduled shift, or within one hour after the end of theirhis/her scheduled shift, the Employee shall receive a maximum of two (2) hours paid at a rate of time and one-half.

12. Each premium pay shall be based on the Employee's straight time rate of pay per hour.

13. Release Time – When a Maintenance Employee has worked overtime equal to or greater than two (2) hours between the hours of 10:00pm and 7:00am on any one night between Sunday evening and Friday morning, for safety reasons, paid release time will be granted in thirty (30) minute increments equal to the time worked and will not provide for fractions of hours that are less than thirty (30) minutes. The employee and their his/her Supervisor shall mutually agree on whether the paid release time will be taken at the beginning or the end of the employees’ shift, taking into consideration the maintenance of a safe working environment and needs of the business.

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12 14. Special Shift Change – A special shift change would require employees to work during traditional graveyard hours for special projects and/or planned service needs. All special shift changes must have a minimum of 120 hours (5 business days) notice. A special shift change will be a minimum of two consecutive shifts. A special shift that exceeds the employees’ normal 8-hour workday (9 hours if they are on the 9/80 work schedule) will be paid at time and one half. The special shift that is scheduled will be considered one continuous shift even when it is divided between two calendar days.

When there is a Special Shift Change, management will first determine the number of employees required from each Department, Division and Job Classification. Management will first take volunteers by Job Classification and then select employees based on seniority within each job classification to ensure half of the employees on the special shift represent the more senior ranks of the job classification and the other half of the employees on the special shift represent the more junior ranks of the job classification. Management will use reasonable efforts to ensure all employees work one special shift before selecting employees to work a second special shift. The selection process will ensure cross training of all employees.

Department of Health Services (DOHS) Water Distribution Department of Health Services (DOHS) Water Treatment
California Water Environment Association (CWEA) California

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13 Water Pollution Control Association (CWPCA)
Grade 1 - $200
Grade 2 - $300
Grade 3 - $400
Grade 4 - $500
Grade 5 - $600
The following certifications are also eligible for an annual certification pay at the amounts listed below for a fiscal year total of $1,000:

Qualified Applicator Certificate Holder (QAC) - $250
Pest Control Advisor Certificate Holder (PCA) - $300
Backflow Prevention License - $300
Certified Arborist (ISA) - $300”
Certified Playground Safety Inspector (CPSI) - $300
Building Operator Certification (BOC) - $300
Master Gardener - $200
First Aid/CPR Instructor - $200

2. Employees in the building inspection classifications who earn City/District-approved and

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14 endorsed certifications listed from a recognized model code certification program are eligible to earn certificate pay as follows:

a. $100/month Building, Plumbing, Electrical and Mechanical Inspector

Pre-stressed Concrete Special Inspector
Reinforced Concrete Special Inspector
Structural Masonry Special Inspector
Structural Steel/Welding Special Inspector
Spray-Applied Fireproofing Special Inspector
Electrical Plans Examiner
Plumbing Plans Examiner
Mechanic Plans Examiner Green
Building Plans Examiner Fire
Plans Examiner
Certified Building Official
Certified Fire Marshal Fire
Inspector I or II Green
Building Inspector
CalEMA-SAP Disaster Response Inspector

2.1. Building Inspectors with a Residential Fire Protection Systems Inspector certificate will earn $200/month certificate pay.

7.2 and 7.2.1 upon submission of supporting documentation to their direct supervisor.

Section 8 – Flexible Benefits Plan

1. The City/District shall offer a Flexible Benefits Plan and make monthly contributions for employee benefit allowances for allocation to health, dental, optional vision insurance

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15 premiums, health and dependent care flexible spending accounts as follows effective January 1, 20242025:

Employee and Family Members
Enrolled in Medical Plan Choice
Contribution
Amount
1/1/2025
No Plan $1,224
Employee Only $1,624
Employee + One $2,330
Employee + Two or More $2,945

o Effective January 1, 2026, and effective January 1, 2027, January 1, 2028, and January 1, 2029, the Employer’s contribution toward the Flexible Benefit Plan will be increased by the percentage increase in the CalPERS Kaiser Basic Premium Region 1 Rate.

4. Family members include state-registered domestic partners, and their dependents as recognized by the State of California.

5. Employees who opt out of health plan coverage through the City/District must annually provide proof of insurance in order to be eligible for the “no plan” contribution amount in Section 8.1.

Coverage that is received through a healthcare exchange is not valid for purposes or receiving the “no plan” contribution.

Section 9 – Long Term /Accident Disability Insurance

1. The City/District shall pay the full premium amount necessary to provide Long Term Disability (LTD) insurance for Employees.

Section 10 – Life Insurance Premium

The City/District shall pay the full premium amount necessary to provide $75,000 term life insurance

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16 policy plus the same amount of Accidental Death and Dismemberment (AD&D) insurance for each Employee.

An employee will have the option of purchasing additional insurance at their own expense for themselves or their dependents.

Section 11 – Sick Leave Payment

General Provisions

Section 12 – Employee Assistance Program (EAP)

Section 13 – Voluntary Deferred Compensation Program

13.2. The maximum voluntary contribution to any Employee’s account shall be that amount established by law.

Section 14 – Employee Service Recognition Plan

2. Employees eligible for the Employee Service Recognition Plan who retire from the

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17 City/District as defined by P.E.R.S., whether for a normal retirement or an industrial disability retirement, shall receive a monthly benefits payment as outlined in the table in Section 14.3 below starting at the beginning of the first calendar month following retirement.

3. Effective July 1, 2006, the monthly benefit payments for the Employee Service Recognition Plan shall be as follows:

Years of Service Upon Retirement Monthly Benefit Amount Day 1, Year 10 through Year 14 $125
Day 1, Year 15 through Year 19 $200
Day 1, Year 20 through Year 24 $275
Day 1, Year 25 and thereafter $350

6. Retirees currently receiving plan benefits will be eligible for future benefits enhancements and increases as negotiated in future MOU’s.

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18 Professional Development – Professional development expenses including the following: the cost of certificate programs, seminars, workshops, conferences; job-related books, tapes, or training programs. Reimbursement for such expenses must be approved by the Department Head. These expenses must be career/job related, and not provided through any other budgetary means such as the City/District-wide training fund, or departmental travel/meeting funds.

Section 16 – VEBA Program

Specific information regarding the Plan will be referenced in the Plan Document.

Withdrawals cannot be made for non- medical purposes.

Years of Service Contribution Amount Per Pay Period
0 to 5 $25.00
6 to 10 $50.00
11 to 20 $100.00
21 or more $150.00

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19 Sick Leave – as of July 1, 2012, upon retirement/separation of employment, 100% of the Employee’s sick leave balance payout (25% of the total dollar value – Section 11 in MOU) will be contributed to the employee’s VEBA account subject to Union compliance with Federal rules associated with contributions of accrued time into a deferred medical expense account.

Vacation Leave – as of July 1, 2012, upon retirement/separation of employment, 50% of the Employee’s vacation leave payout will be contributed to theirhis/her VEBA account. If an Employee elects to sell back any accrued vacation leave and/or contribute any accrued vacation leave to theirhis/her 457 Plan account pursuant to Section 18.4Article 3, Section 1.4, the VEBA vacation leave payout will be calculated by applying the 50% contribution amount percentage to the remaining balance of the Employee’s accrued vacation leave after the sell back and/or 457 Plan account contribution.

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20 Article 2 HOLIDAYS
Section 1 – Official City/District Holidays
The following holidays are observed by the City/District:
• New Year's Day, January 1
• Martin Luther King, Jr. Day, January 15 or its legal substitute (third Monday in January)
• President’s Day, February 22 or its legal substitute (third Monday in February) Memorial Day, May 31 or its legal substitute (last Monday in May) • Juneteenth, June 19
• Independence Day, July 4
• Labor Day, first Monday in September
• Veteran's Day, November 11
• Thanksgiving Day, fourth Thursday in November
• Day after Thanksgiving, fourth Friday in November
• Christmas Eve, December 24
• Christmas Day, December 25
• New Years’ Eve, December 31
When any day recognized as a holiday falls on a Sunday, the holiday shall be observed on the following Monday. When any day recognized as a holiday falls on a Saturday, the holiday shall be observed on the preceding Friday.

Holidays shall have a compensatory value of eight (8) hours for each full holiday. Other provisions regarding official City/District holidays are found in the City/District Personnel Rules.

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21 Article 3 VACATION AND OTHER LEAVES
Section 1 – Vacation Accrual

1.1 Employees shall accrue vacation in accordance with the following schedule: such accrual shall not be credited until completion of the initial six (6) months of employment:

7.67 368 23

1.3 Employees may use accrued vacation in no less than one half hour (1/2 hour) increments, subject to department head approval.

It is the responsibility of Employees to review the vacation accrual balance printed on each paycheck stub to ensure that the employee uses vacation within two accrual years unless

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22 deferment is requested and obtained from the City/District Manager as provided herein.

Thirty (30) days prior to separation, Employees may elect to contribute any or all of their accrued vacation leave balance to their 457 Plan account within applicable IRS limits. The number of vacation hours to be contributed must be accrued at the time of separation. If an Employee elects to contribute accrued vacation leave to the employee’s 457 Plan account and participates in VEBA, the VEBA vacation leave payout in Section 16.2 will be calculated by applying the 50% VEBA contribution amount percentage to the remaining balance of the employee’s accrued vacation leave after any cash out and/or 457 Plan contribution.

Section 2 – Discretionary Leave
Employees shall be entitled to thirty-two (32) hours of discretionary leave at the beginning of the fiscal year. Such time off shall be taken at the Employee's discretion contingent upon approval by the department head. Such time may not be taken in increments of less than one-half hour (30 minutes). The thirty- two (32) hours shall be credited at the beginning of the fiscal year. Twelve (12) hours of discretionary leave may be carried over to the succeeding fiscal year and must be used within that subsequent fiscal year, otherwise they expire. TUpon appointment, new employees shall receive this leave on he hours shall bea prorated basis at the rate of 2.66 hours per month remaining in the fiscal year. and may be used in advance subject to adjustments for periods of unpaid leave of absence and deduction from final paycheck should Employee not complete the fiscal year. Upon appointment, new Employees shall receive this leave on the same prorated basis. No Employee shall receive pay in lieu of time off.

Section 3 – Service Recognition Leave
In recognition of years of service Employees shall receive one time posting of service recognition leave hours as indicated below: 15 years of service 24 hours 20 years of service 32 hours
25 years of service 40 hours
30 years of service 48 hours

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23 (sick, vacation, discretionary and compensatory). Requests for any additional time must be approved by Administrative Services Director or their designee. Immediate family shall mean spouse, state-registered domestic partner, child, foster child who resided with the employee at the time of their death, stepchild, mother, father, stepmother, stepfather, mother-in-law, father- in-law, brother, stepbrother, sister, stepsister, brother-in-law, sister-in-law, grandmother, grandfather, spouse’s grandmother, spouse’s grandfather, son-in-law, daughter-in-law, or grandchildren. Other relatives and significant persons may be included with the approval of the Administrative Services Director.

Bereavement leave does not need to be taken consecutively and must be completed within three (3) months of the day of death of the family member.

Section 5 – Sick Leave Accrual and Use

5.5 Employees covered by this MOU are eligible to participate in a catastrophic leave donation program in accordance with the City/District's Catastrophic Leave Donation Policy.

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24 Section 6 – Industrial Disability Leave

Worker's Compensation benefits will be integrated, and checks endorsed to the City/District by Employee. No use of sick leave will be required during the first three (3) months.

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25 Article 4 REPRESENTATION
Section 1 – Advance Notice

Section 2 – Stewards

Union Stewards are designated bargaining team members and shall be released when a session coincides with their work shift in order to attend and participate in the negotiations.

2.2 Stewards shall serve as provided above unless the Union has designated, in writing, another

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26 Employee in their unit. Stewards and other Employees officially serving in the capacities outlined above shall be given reasonable time off with pay on regularly scheduled workdays. Each Steward may have one Alternate Steward whose sole purpose shall be to serve in the absence of the Steward.

Section 3 – Representation for Employees at Interviews

3.1 Whenever an Employee is required to meet with a supervisor or other department management and the Employee reasonably anticipates that such meeting may result in adverse action, upon request the Employee shall be entitled to have a Steward or Union representative present. The Employee shall arrange for the presence of such representative at the earliest possible time. When such representative is not reasonably available and the circumstances warrant immediate inquiry and/or action, the City/District shall have the right to proceed, and the Employee shall have the right to have another Employee in their his/her unit of the employee’s choice present as a witness. Human Resources will advise an employee of their rights to Union Representation during an investigatory interview.

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27 Article 5 DUES DEDUCTION
Section 1 – Dues Deduction

Authorization of File – The Employee shall have a written request and authorization for deduction of Union dues in effect upon the date this MOU is approved and adopted.

Authorization – The Employee shall submit to the Union and City/District (Human Resources Department) a written authorization for the deduction of Union dues during the term of this MOU.

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28 1.3 The City/District shall prepare and submit to the Union Business Agent twice a year in June and December or at the request of the Union, a current list, including name, department, and classification, of all City/District employees in classes represented by the Union.

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29 Article 6 SAFETY
Section 1 – Safety Program

Article 7 GRIEVANCE PROCEDURE
Section 1 – Grievance Procedure

A. Definition

Step 2 shall be utilized to provide an administrative appeal of a written reprimand. Such appeals shall not be processed beyond Step 2.

B. Procedure

A grievance shall be filed according to the following steps:

Step 1. Immediate Supervisor.

A grievance may be filed by an employee on their in his/her own behalf, or jointly by a group of employees or by the Union. Within fifteen (15) calendar days of the event giving rise to a grievance, the grievant shall present the grievance in writing to the direct supervisor and copy Administrative Services Director or designee for tracking purposes only. Grievances not presented within the time period shall be considered resolved. The direct supervisor shall meet with the grievant to settle the grievance and give a written response to the grievant, and copy the Administrative Services Director or designee, within fifteen (15) calendar days from the receipt of the grievance.

Step 3. Mediation.

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30 agree upon a mediator or utilize the services of a mediator assigned through State Mediation and Conciliation Service.

Step 4. Arbitration.

Decisions of the arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the laws.

C. Extension of Time Limits
The above specified time limits may be extended in writing by mutual agreement between the parties.

D. Compensation Complaints.

E. Suspension and Discharge Grievances.

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31 arbitrator may not substitute theirhis/her judgment for the judgment of management, and if theyhe/she finds that the Department had such right, he may not order reinstatement and may not assess any penalty upon the Department.

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32 Article 8 LAYOFF PROCEDURE
Section 1 – Definition

Section 3 – Layoff Order and Procedure

3.1In the event of the need for layoffs, employees will be laid off in the following order:
a. Seasonal
b. Temporary
c. Part-time
d. Probationary
e. Regular Part-time
f. Regular Full-time

3.2 Layoff shall be based on seniority of initial hire / anniversary date as defined in the City/District Personnel Rules and Section 37 of this MOU.

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33 additional thirty (30) days’ notice, but the minimum notice shall be fourteen (14) days.

Section 4 – Priority Employment Rights

Section 5 – Reemployment Lists

Other fringe benefits such as worker's compensation and unemployment insurance will cease on the last day on payroll. Sick leave and vacation accruals will cease on the last day on payroll.

Any unused discretionary leave should be used within the thirty (30) day notice period as it cannot be paid or carried as an accrual.

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34 c. Apply for a refund.

Employees who have less than five years’ service may apply for a refund or leave funds on deposit for one year. Details should be obtained from the PERS Office.

Section 8 – Reemployment
The City/District will send notice of reemployment by certified mail to the last address of record but has no responsibility to attempt to trace an Employee if such notice is not delivered by the Post Office. It is the responsibility of the Employee who has been laid off to keep the City/District informed as to theirhis/her current address and telephone number. Employee has ten (10) working days in which to notify the City/District by mail, telephone or otherwise, regarding intention to return to position offered. If at the end of ten (10) working days from date of notice, no response has been received from Employee on layoff, City/District will be entitled to fill positions in the following order: (a) the laid off Employee next in line for recall, if available for work, until the reemployment list is exhausted, and then; (b) by the normal recruiting process. An Employee on layoff shall have the right to refuse an offer of reemployment without forfeiting the right to reemployment or the employee’s place on the list.

If the Employee on layoff fails to respond within ten (10) working days of mailing of two separate written offers of reemployment sent by certified mail, the Employee shall forfeit the right to reemployment pursuant to the terms of this Layoff Procedure and the employee’s name shall be removed from the reemployment list.

In order to expedite the reemployment process, the City/District may notify more than one Employee simultaneously, indicating the order of priority to each person.

The right to reemployment is contingent upon the ability of the Employee to meet the physical and other requirements of the position to which the employee is being returned.

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35 Section 11 – Pay of Rehired Employees
An Employee rehired into the classification from which originally laid off shall be paid at the current rate for that classification and at the pay step held at the time of layoff.

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36 Article 9 MISCELLANEOUS TERMS AND CONDITIONS OF

EMPLOYMENT
Section 1 – Non-Discrimination

Section 2 – Access to Personnel Files

2.1 Employees have the ability to access their personnel file and request removal of documents, pursuant to City/District Personnel Rule 3.06.

Section 3 – Job Specifications

The parties agree to meet and confer on the job descriptions recommended by Koff &

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37 Associates after further revision by management.

3.2 An Employee may request a copy of the employee’s job description from Human Resources. Job descriptions are also available on the City/District website, www.fostercity.org.

Section 5 – Transfer, Promotion, Demotion
Provisions regarding transfer, promotion, and demotion are found in the City/District Personnel Rules.

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38 contained in Grievance section TBD

E. Retention Period

Section 7 – Light Duty / Light Work
Provisions regarding light duty work are found in the City/District Personnel Rules.

Section 8 – Seniority

8.1 Seniority is based on hire/anniversary date as defined in the City/District Personnel Rules and Regulations.

8.2 Seniority will be a factor in determining promotions and vacations.

Section 9 – Uniform Policy

Employees shall comply with management direction regarding the condition and appearance of work attire.

9.2 The uniform requirements for the Parks and Public Works Maintenance Employees shall be

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39 as set forth in the City/District Uniform Policy for Parks and Public Works Maintenance Employees. The current Uniform Policies are attached to this MOU as Attachments C and D.

The City/District agrees to meet and confer on proposed changes that directly impact Employees.

In July of each calendar year, the City/District shall pay to each Senior CSO who is required to wear a uniform, the uniform stipend in a lump sum of $650 (non-PERSable) per fiscal year.

Code Enforcement Officer and Building Inspectors will receive uniforms from City management annually.

1. New hire needing a fitted vest

2. Condition of current vest

3. Age of current vest

4. Seniority

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40 In no case shall any vest be in service longer than eight (8) years of cumulative active use, unless the manufacturer's warranty exceeds that period.

Section 12 – Temporary Employees
Provisions regarding temporary Employees are found in the City/District Personnel Rules.

Section 13 – Labor Management Committee (LMC)

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41 o Give the parties the opportunity to discuss the problems that give rise to outstanding grievances and to discuss ways of preventing contract violations and other workplace conflicts from occurring;.
o Proposed work rules will be an appropriate subject for discussion; and o Scope of bargaining issues and grievances will not be an appropriate topic for Labor/Management Committees.

13.3 Department Committee Meetings. Equal number of management and union, chosen by each respective side. Shall meet consistently as needed. The union will provide an agenda beforehand.

Either Management or the Union can invite special attendees to either speak to an agenda item or provide neutral feedback to achieve resolution.

13.4 City Wide LMC- Equal number of management and union, chosen by each respective side.

13.5 Minutes will be kept of all committee meetings. Copies will be distributed out the Thursday before the meeting to all parties in attendance.

Section 14 – Meet and Confer
The parties agree to meet and confer during the second first quarter 2025 2026 regarding; o Juneteenth (June 19) holiday,
o Job descriptions including any title changes – see Article 9 Section 3, o Any remaining compensation issues from the Koff class/comp study found in Appendix IV dated April 2023
o Options for 50% sick leave into VEBA and
o Reaffirming opt-in/opt-out VEBA status after guidance with an expert in Internal Revenue Code Section 501(c)(9). In the interim, employees will have the option to opt in and opt-out during the 20245 Open Enrollment period.

Article 11 PROVISIONS OF LAW
Section 1 – City / District Rights

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42 for just cause and probationary employees in accordance with relevant local ordinances and rules and State and Federal statutes.

Section 2 – Effect of Agreement
To the extent there is a conflict, it is understood and agreed that the specific provisions contained in this MOU shall prevail over City/District rules, regulations, policies and procedures. It is further understood and agreed that in the absence of specific provisions in this MOU, such City/District rules, regulations, policies and practices shall remain in full force and effect during the term of this MOU.

Section 3 – Statement of Understanding
It is the intent of the parties that ordinances, resolutions, rules, and regulations enacted pursuant to this MOU be administered and observed in good faith.

Section 4 – Severability

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43 Article 12 TERM OF THIS MEMORANDUM OF UNDERSTANDING
The City/District and the Union agree by their signatures hereto that the wages, hours, terms and conditions of employment contained herein shall be continued in full force and effect during the term of this MOU except as otherwise provided herein. Contingent upon ratification by members of the Union and contingent upon adoption by the City Council of the City of Foster City/Board of Directors of the Estero Municipal Improvement District of a Resolution approving this MOU, the term shall commence on September 9, 2024April 1, 2025, and shall expire on September 8, 2027.June 30, 2029.

Staff Representatives of the Representatives of Council 57, Local 829, City of Foster City / American Federation of State, County and Estero Municipal Improvement District Municipal Employees

Stefan Chatwin Date Melissa Lin Date

Diane Pitman Date Daniel Weber Date

David Liu Date Marcel Stevenson Date

__________________________________
Dawud Brewer Date Ryan Shannon, AFSCME Date

__________________________________
Austris Rungis, IEDA Date

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44 Attachment A

Represented Classifications

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45 Attachment B Salaries

Effective September 9, 2024April 1, 2025, wages for classes represented by the Union shall be listed below:

AFSCME
543 Plans Examiner $ 62.6537 $ 65.7864 $ 69.0757 $ 72.5295 $ 76.1560 525 Sr. Bldg Inspector $ 56.8288 $ 59.6702 $ 62.6537 $ 65.7864 $ 69.0757 507 Building Inspector $ 51.5454 $ 54.1227 $ 56.8288 $ 59.6702 $ 62.6537 256 Code Enforcement Officer II $ 48.5554 $ 50.9832 $ 53.5324 $ 56.2090 $ 59.0195 509 Sr. Engineering Technician $ 45.7266 $ 48.0129 $ 50.4135 $ 52.9342 $ 55.5809 262 Recreation Coordinator II $ 45.1764 $ 47.4352 $ 49.8070 $ 52.2974 $ 54.9123 536 Public Works Lead Maintenance Worker $ 43.7108 $ 45.8963 $ 48.1911 $ 50.6007 $ 53.1307
501 Mechanic I $ 43.4795 $ 45.6535 $ 47.9362 $ 50.3330 $ 52.8497 247 Social Media / Communication Assistant $ 42.9514 $ 45.0990 $ 47.3539 $ 49.7216 $ 52.2077
261 Building Lead Maintenance Worker $ 42.9133 $ 45.0590 $ 47.3120 $ 49.6776 $ 52.1615
537 Parks Lead Maintenance Worker $ 42.9133 $ 45.0590 $ 47.3120 $ 49.6776 $ 52.1615
926 Irrigation Technician $ 42.9133 $ 45.0590 $ 47.3120 $ 49.6776 $ 52.1615 544 Building Permit Technician II $ 42.3255 $ 44.4418 $ 46.6639 $ 48.9971 $ 51.4470 263 Administrative Assistant II $ 41.8667 $ 43.9600 $ 46.1580 $ 48.4659 $ 50.8892 265 Recreation Coordinator I $ 40.9763 $ 43.0251 $ 45.1764 $ 47.4352 $ 49.8070 268 Building Maintenance Worker II $ 40.6447 $ 42.6769 $ 44.8107 $ 47.0512 $ 49.4038 528 Senior Accounting Specialist $ 40.4874 $ 42.5118 $ 44.6374 $ 46.8693 $ 49.2128 529 Public Works Maintenance Worker II $ 39.6470 $ 41.6293 $ 43.7108 $ 45.8963 $ 48.1911
518 Sr. Comm. Services Officer $ 39.1437 $ 41.1009 $ 43.1559 $ 45.3137 $ 47.5794 530 Parks Maintenance Worker II $ 38.9236 $ 40.8698 $ 42.9133 $ 45.0590 $ 47.3120 503 Equipment Maintenance Worker $ 38.4753 $ 40.3991 $ 42.4191 $ 44.5401 $ 46.7671
527 Building Permit Technician I $ 37.9955 $ 39.8953 $ 41.8901 $ 43.9846 $ 46.1838 264 Administrative Assistant I $ 37.9743 $ 39.8730 $ 41.8667 $ 43.9600 $ 46.1580 516 Accounting Specialist $ 36.7232 $ 38.5594 $ 40.4874 $ 42.5118 $ 44.6374 267 Building Maintenance Worker I $ 36.6462 $ 38.4785 $ 40.4024 $ 42.4225 $ 44.5436 310 Building Services Coordinator $ 36.6462 $ 38.4785 $ 40.4024 $ 42.4225 $ 44.5436 517 Police Records Specialist $ 37.3335 $ 39.2002 $ 41.1602 $ 43.2182 $ 45.3791 531 Public Works Maintenance Worker I $ 35.9610 $ 37.7590 $ 39.6470 $ 41.6293 $ 43.7108
255 Code Enforcement Officer I $ 35.7448 $ 37.5320 $ 39.4086 $ 41.3790 $ 43.4480 532 Parks Maintenance Worker I $ 35.3049 $ 37.0701 $ 38.9236 $ 40.8698 $ 42.9133 519 Office Assistant II $ 33.5668 $ 35.2451 $ 37.0074 $ 38.8578 $ 40.8007 534 Public Works Maintenance Worker $ 32.6177 $ 34.2486 533 Parks Maintenance Worker $ 32.0227 $ 33.6238
520 Office Assistant I $ 30.4462 $ 31.9685

Attachment C

UNIFORM POLICY FOR

PUBLIC WORKS MAINTENANCE EMPLOYEES (INCLUDES BUILDING/VEHICLE MAINTENANCE DIVISION)

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46 The following shall be the policy of the City/District for uniforms of AFSCME Public Works Maintenance Unit employees. City shall contract with a uniform supply company and issue the following. Uniform style and color shall be determined by mutual agreement between AFSCME and Management but shall be consistent throughout the unit.

Standard uniform issue to employees shall be:

Employees must carry their City-issued identification badge while at work to identify them as City employees to any third party. An employee on standby who receives a callout shall not be required to wear the above mentioned uniform but must wear clothing (such as a reflective vest or jacket issued by the City) that identifies them him/her as a City employee and carry their his/her City-issued identification badge.

The wearing of the safety vest is required at all times when on duty except when indoors or in the Corporation Yard.

Employees shall maintain a neat, clean appearance. Uniforms supplied by the uniform supply company shall be washed and maintained by the company. The City/District will clean coveralls.

Employees who fail to adhere to this policy without good cause may be subject to progressive disciplinary action up to and including termination.

Effective July 1, 2017

Kevin M. Miller, City Manager

Human Resources
Attachment D

Side Letter of Agreement Between
City of Foster City/Estero Municipal Improvement District And Council 57, Local 829
American Federation of State, County and Municipal Employees February

2.0, 2019

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47 The parties have met and conferred and hereby agree to the following changes to the current Fiscal Year 2017-2019 Memorandum of Understanding between the City of Foster City/Estero Municipal Improvement District (the "City/District") and Council 57, Local 829, American Federation of State, County and Municipal Employees ("AFSCME" or "Union") ("MOU"):

Staff Representatives of the City of
Foster City/Estero Municipal
Improvement District

Representatives of Council 57,
Local 829, American
Federation of State,
County and Municipal
Employees

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48 3
a

AnnRitzm
a
Date

Fanara
Uu
Dat
e

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49 Attachment E
Foster City CARE Pilot Program

CARE leave provides an employee with salary continuation while on a leave of absence during a qualifying event as follows:

Qualifying events under FMLA/CFRA may include:

New Employees (first 12 months of employment)
Newly hired employees are eligible for up to 80 hours of CARE leave at 100% salary continuation at their current

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50 pay rate, and an additional 240 hours at 75% salary continuation at their current pay rate. Employees may use accrued leave hours to coordinate with the 75% CARE leave to maintain 100% of their normal salary. During their first 12 months of employment, new employees are only eligible for CARE leave under the following circumstances:
a. The birth of a child who resides with the employee and for whom the employee has physical and legal custody; or
b. The placement with the employee of either a child for adoption or foster care who resides with the employee and for whom the employee has physical and legal custody. c. On a case-by-case basis, employees may be allowed CARE leave for a FMLA/CFRA qualifying event outside of those listed above.

Overtime
CARE leave shall not be considered hours worked for the purpose of calculating overtime compensation.

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DATE: April 7, 2025

TO: Mayor and Members of the City Council President,
Members of the Estero Municipal Improvement District (EMID) Board of Directors, and
Members of the Foster City Joint Powers Authority (FCJPA) Board of Directors
VIA: Stefan Chatwin, City/District Manager and Executive Director

FROM: Nate Cruz, Finance Director
DEPARTMENT: Finance
SUBJECT: AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL

AGENCY INVESTMENT FUND

RECOMMENDATION
It is recommended that the City Council, EMID Board of Directors, and FCJPA Board of Directors approve the attached resolutions authorizing Nate Cruz (Finance Director), Waqas Hassan (Assistant Finance Director), and Mimi Lam (Financial Services Manager) to deposit and withdraw City/EMID/FCJPA funds in the Local Agency Investment Fund (LAIF).

EXECUTIVE SUMMARY
The City/District invests funds with financial institutions and investment custodians in its day-to-day cash and investment management operations. On January 21, 2025, the City Council authorized Nate Cruz as City/District Treasurer and Waqas Hassan, Assistant Finance Director to invest and administer funds in all investment accounts.

LAIF subsequently notified the finance department they require standalone authorization, as provided in the attached resolutions for the City, EMID, and the Foster City Joint Powers Authority (FCJPA).

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The FCJPA was created by the Council and Board of Directors on April 6, 2020 (see Item 7.4) in order to provide financing flexibility for future public facility projects allow for investing funds in LAIF.

California Environmental Quality Act
Not Applicable

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

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

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – FCJPA Resolution

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RESOLUTION NO._______

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

AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND

CITY OF FOSTER CITY
WHEREAS, The Local Agency Investment Fund is established in the State Treasury under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the City Council hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein is in the best interests of the City.

NOW, THEREFORE BE IT RESOLVED, that the City Council hereby authorizes the deposit and withdrawal of City monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein.

NOW, THEREFORE, BE IT FURTHER RESOLVED, as follows:

Section 1. The following City of Foster City employees holding the title(s) specified hereinbelow or their successors in office are each hereby authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions contemplated hereby:

Nate Cruz – Finance Director
Waqas Hassan – Assistant Finance Director
Mimi Lam – Financial Services Manager
Section 2. This resolution shall remain in full force and effect until rescinded by City Council by resolution and a copy of the resolution rescinding this resolution is filed with the State Treasurer’s Office.

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3 2
6 5
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 7th day of April 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

STACY JIMINEZ, MAYOR
ATTEST:
_________________________________

PRISCILLA SCHAUS, CITY CLERK

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RESOLUTION NO._______

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL

AGENCY INVESTMENT FUND

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, The Local Agency Investment Fund is established in the State Treasury under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the Board of Directors hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein is in the best interests of the District.

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors hereby authorizes the deposit and withdrawal of District monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein.

NOW, THEREFORE, BE IT FURTHER RESOLVED, as follows:

Nate Cruz – Finance Director
Waqas Hassan – Assistant Finance Director
Mimi Lam – Financial Services Manager
Section 2. This resolution shall remain in full force and effect until rescinded by the Board of Directors by resolution and a copy of the resolution rescinding this resolution is filed with the State Treasurer’s Office.

6.7 Attachment 2 - EMID Resolution

176

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6 4
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 7th day of April 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

STACY JIMINEZ, PRESIDENT
ATTEST:
_________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.7 Attachment 2 - EMID Resolution

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RESOLUTION NO._______

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE FOSTER CITY JOINT

POWERS AUTHORITY AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL

AGENCY INVESTMENT FUND

FOSTER CITY JOINT POWERS AUTHORITY
WHEREAS, The Local Agency Investment Fund is established in the State Treasury under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the Board of Directors hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein is in the best interests of the Foster City Joint Powers Authority.

NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the Foster City Joint Powers Authority (FCJPA) hereby authorizes the deposit and withdrawal of FCJPA monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein.

BE IT FURTHER RESOLVED, as follows:

Nate Cruz – Finance Director
Waqas Hassan – Assistant Finance Director
Mimi Lam – Financial Services Manager
Section 2. This resolution shall remain in full force and effect until rescinded by the FCJPA Board of Directors by resolution and a copy of the resolution rescinding this resolution is filed with the State Treasurer’s Office.

6.7 Attachment 3 - FCJPA Resolution

178

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6 3
PASSED AND ADOPTED as a resolution of the Board of Directors of the Foster City Joint Powers Authority at the special meeting held on the 7th day of April 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

STACY JIMINEZ, CHAIR
ATTEST:
_________________________________

PRISCILLA SCHAUS, SECRETARY

6.7 Attachment 3 - FCJPA Resolution

179

DATE: April 7, 2025

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Sofia Mangalam, Community Development Director
Nori Jabba, Housing Coordinator
DEPARTMENT: Community Development
SUBJECT: APPROPRIATION OF FUNDS AND AUTHORIZATION FOR THE

CITY MANAGER TO ACCEPT FUNDS FOR THE MEASURE K

EMERGENCY RENT RELIEF PILOT PROGRAM

RECOMMENDATION
It is recommended that the City Council approve attached Resolution (Attachment 1) authorizing: (1) supplemental appropriation of $35,000 to Account 124-0832-463-4297 for the Measure K Emergency Rent Relief Pilot Program; (2) the City Manager to accept funds for reimbursement of program expenditures from the County of San Mateo; and (3) find the request exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guideline section 15061(B)(3).

EXECUTIVE SUMMARY
On August 2, 2024, staff applied for the County of San Mateo Measure K Notice of Funding Opportunity (NOFO) in the amount of $35,000 for the Foster City Emergency Rental Assistance Pilot Program for below-market-rate (BMR) renters. On January 14, 2025, the County of San Mateo Board of Supervisors approved Resolution No. 080855 (Attachment 2) authorizing a one-time grant of District-Discretionary Measure K funds, not to exceed $35,000, to the City of Foster City Emergency Rental Assistance Pilot Program and authorizing the County to execute the grant agreement. Funding is available until December 31, 2025.

Staff recommends that the City Council approve a one-time supplemental budget appropriation of $35,000 to Account 124-0832-463-4297 for the Measure K Emergency

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180

Rent Relief Pilot Program and authorize the City Manager to accept funds for reimbursement of program expenditures from the County of San Mateo.

BACKGROUND/ANALYSIS
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. The chapter containing Housing Goals, Policies, and Programs 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. The pilot program supports the 2023-2031 Housing Element, Policy H-C-2, Protection of the Rental Housing Stock: Promote the retention of rental units and encourage rental subsidy programs that can be applied to existing housing.

Measure K
In 2012, the San Mateo County Board of Supervisors placed the original (Measure A) half-cent sales tax on the November ballot as a means of raising local funds for local needs. The half-cent sales tax was listed as Measure A on the November 2012 ballot.

The tax measure passed with 65.4 percent votes. Deciding to build on the progress being made with the local funds, the Board of Supervisors placed a 20-year extension of the sales tax on the November 2016 ballot, designated as Measure K. Measure K was overwhelmingly approved with 70.37 percent of the vote.

Measure K provides limited-term funding to meet critical service needs, address service gaps, or save money by improving performance. At a public meeting on October 17, 2023, the County Board of Supervisors approved the priority funding areas of:
•Children, Families, and Seniors
•Housing and Homelessness
•Emergency Preparedness
For FY 2024-25, the County Board of Supervisors allocated $4 million to discretionary grant funding to cover funding gaps in affected County services. The Measure K Notice of Funding Opportunity (NOFO) applications were released with a due date of August 2, 2024. Staff applied for Measure K funds in the amount of $35,000 for the Foster City Emergency Rental Assistance Pilot Program for BMR renters.

Subsequently, on January 14, 2025, the County Board of Supervisors determined that Foster City’s application for Measure K funds is consistent with the criteria for district-discretionary Measure K funds approved by the Board in December 2018. At the meeting, the Board of Supervisors authorized a one-time grant of grant district-discretionary Measure K funds, not to exceed $35,000, to the City of Foster City for the Foster City Emergency Rental Assistance Pilot Program, and authorized the County Executive, or designee, to execute the grant agreement (Attachment 2 for Resolution and Attachment 3 for grant agreement).

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The award included $30,000 for grants to landlords on behalf of eligible applicants and $5,000 to process applications and administer the program. At the time, the City was to partner with Samaritan House to help administer the program and ensure that applicants have access to additional resources and support services from Samaritan House.

However, Samaritan House later determined that they could not administer the program without an amendment to expand the program to all Foster City renters rather than those in BMR housing to align with their other Measure K funding programs.

On March 17, 2025, the County executed an amendment to the agreement (see Attachment 4 for amendment to agreement) at the City’s request to extend the funding period from July 31, 2025, to December 31, 2025, and to permit the City of Foster City (City staff) to administer the program in-house. A ministerial amendment was authorized by the County Attorney to extend the funding period by six (6) months and to allow the City staff to administer the program (Attachment 4).

Foster City Needs
The Community Development Department frequently receives inquiries from residents who need financial assistance to pay rent and are often on the verge of losing their housing. Currently, these residents are referred to Samaritan House for rental and relocation assistance services. Samaritan House offers funding for those that meet their eligibility requirements through countywide Measure K funding, but funds are limited due to a high need for emergency rental assistance across the County. Recognizing this need, staff applied for Measure K funds in the amount of $35,000 to establish an Emergency Rental Assistance Pilot Program to complement the existing funding sources provided by Samaritan House and to provide dedicated financial support to low-income residents living in BMR units in Foster City that may be facing displacement.

Staff also conducted research from other jurisdictions with similar programs to understand the provisions of the program (Attachment 5).

Foster City BMR Program
The City of Foster City currently has 426 BMR rental units located in the properties as shown in Table 1.

Table 1, BMR Properties and Units
# Property BMR Units
1 The Plaza 60
2 100 Grand 33
3 The Triton 48
4 Marlin Cove 84
5 Miramar 48
6 Alma Point 65
7 Metro Center 60
8 The Pilgrim Workforce Housing 22 (14 BMR units and 8 workforce units)

7.1 7.1 Staff Report

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9 Existing Unit Purchase Program 6 units
Pilot Program Funding
The Measure K provides $30,000 in grants to landlords for rent, utilities, including unpaid balance, or deposit assistance for BMR tenants and $5,000 for administration, which includes development of an application and evaluation materials and forms, promotion of the program, responding to public inquiries, application review, distribution of funds, notification to applicants and landlords, and reporting and submittal of two (2) reimbursement requests.

The program will offer one-time grants of up to $3,000 directly to landlords of eligible residents in lieu of residents’ rent payments. Payment directly to landlords is standard practice for rental assistance programs to ensure that payments are used for rent relief.

Program eligibility will be limited to seniors aged 62 or over, individuals living with disabilities, veterans, and families with children to comply with Measure K funding requirements.

The program will be administered through the City’s Affordable Housing Fund, Fund 124.

Currently, Fund 124 has an available fund balance of approximately $732,641 (as of 02/28/2025), which is sufficient to absorb the requested appropriation.

Outline of the Pilot Program:

1. Eligibility criteria
To qualify, applicants must demonstrate that their income is less than 50% of area median income (AMI), that they live in BMR housing, and that they are at risk of losing housing in the next three (3) months due to hardship as defined below. •To demonstrate the risk of losing housing in the next three (3) months, applicants will provide evidence of hardship causing loss or reduction of income combined with financial assets (e.g. savings, checking account balance) insufficient to cover rent payments for the next three (3) months. •If the applicant has experienced hardship, they will need to explain the hardship in the application and provide documentation as evidence. Hardship is defined as a recent medical condition, illness, or medical emergency of a household member resulting in temporary or permanent loss of or reduction in income; recent loss of job or income resulting in the inability to pay rent on time; or an emergency that precludes the tenant from paying rent on time.

2. Pilot Program Goal
The goal is to provide support to ten (10) or more BMR households in 2025. In early fall 2025, if staff determines that it appears unlikely that the City will reach the goal, staff will request an additional extension of the funding deadline and/or expansion of the program to market rate renters or an ability to increase the award amount to those experiencing extreme hardship (via a contract addendum with the County).

7.1 7.1 Staff Report

183

3. Distribution of Funding and Reimbursement of Funds
City Staff will evaluate applications and determine eligibility based on specific criteria as specified below. The funding limit is $3,000 per household to cover rent and/or utilities, or a deposit. The City will issue the checks using the Special Demand Payment (SPD) Form directly to the applicant’s landlord from Fund 124, City Affordable Housing Fund.

City staff will then seek reimbursement from the county in two parts: one for FY24- 25, for up to half of the award amount ($17,500), and the remaining funds after the December 31, 2025, funding distribution deadline. Funds will be reimbursed to Fund 124.

4. Application Submittal Process
Applications will open April 8, 2025, and may be submitted online, in person at City Hall, or by mail. Online applications will be available in up to 10 languages.

The applicant must submit an application for the program and required documentation, including paystubs, bank statements, and a copy of the tenant’s current lease as well as evidence of hardship such as job loss.

Staff will screen applicants to determine eligibility and the amount of each award (See Attachment 6).

5. Application Review Process
City of Foster City staff will evaluate the application, income, and assets to determine the tenant’s ability to pay their rent to determine eligibility.

Staff will verify that the applicant meets these eligibility criteria using an eligibility review form developed by staff, and verification of lease, and household income and financial asset documentation. In addition, the property manager will submit a copy of the most recent tenant income certification if the tenant does not have a copy. This income certification will confirm the tenant’s income eligibility as less than 50% of AMI.

6. Awards of one-time Grants
Awards shall be granted up to one (1) month of rent and utility expenses or to cover the cost of a deposit, with a maximum of $3,000 per household.

Promotion of the Program
City staff has created a flyer for the program (See Attachment 7). The flyer and information about the program will be promoted through the following methods:
•Advertisement in The Islander
•Informational updates on the City’s social media accounts •Informational updates on the City’s electronic billboard •Details on the City’s website

7.1 7.1 Staff Report

184

•Posting the flyer in public locations used for noticing public meetings •Emailing the flyer and/or providing hard copies to the school district, childcare centers, and all BMR property managers.

Staff will also provide information directly to BMR tenants who contact the city inquiring about rental assistance and will provide flyers to landlords to share with BMR tenants who have balances due or recurring late payments.

The Agreement with the County also requires that the program be announced at least one (1) City Council meeting held during the month of May for Affordable Housing Month.

However, staff believe that a public announcement by way of this report (April 3, 2025) will meet this requirement.

CEQA
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 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
Currently, Fund 124 has an available fund balance of approximately $732,641 (as of 02/28/2025), which is sufficient to absorb the requested appropriation. Staff is requesting supplemental appropriation of $35,000 to Account 124-0832-463-4297 and with reimbursement for expenditures by the County of San Mateo, there will be a $0 net fiscal impact.

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

Attachment 1 - Resolution
Attachment 2 - County Board of Supervisors Resolution No. 080855 Attachment 3 - County Agreement dated January 14, 2025
Attachment 4 - Amendment to Agreement, dated March 17, 2025 Attachment 5 - Research from other jurisdictions
Attachment 6 - Eligibility Screening Form
Attachment 7 - Program Flyer

7.1 7.1 Staff Report

185

3 2
5 2
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING (1) SUPPLEMENTAL APPROPRIATION OF $35,000 TO ACCOUNT 124-0832-463-4297 FOR THE MEASURE K EMERGENCY RENT RELIEF PILOT PROGRAM; (2) THE CITY MANAGER TO ACCEPT FUNDS FOR REIMBURSEMENT OF PROGRAM EXPENDITURES FROM THE COUNTY OF SAN MATEO; AND (3) FIND

THE REQUEST EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3)

CITY OF FOSTER CITY
WHEREAS, on August 2, 2024, staff applied for the County of San Mateo Measure K Notice of Funding Opportunity (NOFO) in the amount of $35,000 for Foster City Emergency Rental Assistance Pilot Program for below market rate (BMR) renters. On January 14, 2025, the County of San Mateo Board of Supervisors approved Resolution 080855 authorizing a one-time grant of District-Discretionary Measure K funds, not to exceed $35,000, to City of Foster City Emergency Rental Assistance Pilot Program, and authorizing the County to execute the grant agreement; and WHEREAS, Measure K provides limited-term funding to meet critical service needs, address service gaps or save money by improving performance with the priority funding areas of (a) Children, Families, and Seniors, (b) Housing and Homelessness, and (c) Emergency Preparedness; and
WHEREAS, for the fiscal year (FY) 2024-25, the County Board of Supervisors allocated $4 million to discretionary grant funding to cover funding gaps in affected County services and issued Measure K application Notice of Funding Opportunity (NOFO); and WHEREAS, Staff applied for Measure K funds in the amount of $35,000 for the Foster City Emergency Rental Assistance Pilot Program for BMR renters; and WHEREAS, on August 2, 2024, the City of Foster City applied for a grant through the County of San Mateo’s Measure K program for $35,000 for a pilot program for emergency rent relief for below market rate renters in Foster City; and WHEREAS, On January 14, 20525, the Board of Supervisors authorized a one- time grant of grant district-discretionary Measure K funds, not to exceed $35,000, to City of Foster City for the Foster City Emergency Rental Assistance Pilot Program, and authorized the County Executive, or designee, to execute the grant agreement; and WHEREAS, the City Manager executed an agreement for the grant of $35,000 with the County of San Mateo on January 14, 2025 in the form of reimbursement of expenditures for the pilot program up to $35,000 with a program expenditure deadline of July 31, 2025; and

7.1 Attachment 1 - Resolution

186

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5 2
WHEREAS, on March 17, 2025, the County executed an amendment to the agreement at the City’s request to extend the funding period from July 31, 2025, to December 31, 2025, and to permit the City of Foster City (City staff) to administer the program in-house; and
WHEREAS, staff recommends that the City Council approve a one-time supplemental budget appropriation of $35,000 to Account 124-0832-463-42-97 for the Measure K Emergency Rent Relief Pilot Program and authorize the City Manager to accept funds for reimbursement of program expenditures from the County of San Mateo.

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

1. Approve a one-time supplemental budget appropriation of $35,000 to Account 124-0832-463-4297 for the Measure K Emergency Rent Relief Pilot Program;

2. Authorize the City Manager to accept funds for reimbursement of program expenditures from the County of San Mateo; and

3. Find the request exempt from the CEQA pursuant to CEQA guideline section 15061(b)(3).

PASSED AND ADOPTED as a Resolution by the City Council of the City of Foster City at a Regular Meeting thereof held on April 7, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________

STACY JIMENEZ, MAYOR
ATTEST:
____________________________

PRISCILLA SCHAUS, CITY CLERK

7.1 Attachment 1 - Resolution

187

RESOLUTION NO. 080855

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA * *

* * * *

RESOLUTION AUTHORIZING A ONE-TIME GRANT OF DISTRICT-DISCRETIONARY MEASURE K FUNDS, NOT TO EXCEED $35,000, TO CITY OF FOSTER CITY FOR

THE FOSTER CITY EMERGENCY RENTAL ASSISTANCE PILOT PROGRAM, AND

AUTHORIZING THE COUNTY EXECUTIVE, OR DESIGNEE, TO EXECUTE THE

GRANT AGREEMENT
______________________________________________________________ RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that
WHEREAS, Measure K is the half-cent general sales tax initially approved by San Mateo County voters in November 2012, and extended in November 2016 for a total of thirty years; and
WHEREAS, the Board and County staff have conducted study sessions and community outreach efforts to inform priorities for Measure K spending; and WHEREAS, the Board has held study sessions on Measure K expenditures and anticipated revenue for fiscal years (FY) 2023-25, and has approved funds, divided equally among the supervisorial districts, for one-time district-discretionary needs and projects; and
WHEREAS, Supervisorial District 2 has requested a one-time $35,000 grant to City of Foster City to fund the Foster City Emergency Rental Assistance Pilot Program; and
WHEREAS, this item is consistent with the criteria for district-discretionary Measure K funds approved by the Board in December 2018; and

7.1 Attachment 2 - County Board of Supervisors Resolution No. 080855

188

WHEREAS, there are sufficient Measure K funds in the Non-Departmental Services FY 2024-25 Adopted Budget; and
WHEREAS, it is the Board’s intent for the County Executive, or designee, to execute an agreement in the amount of $35,000 to City of Foster City and setting forth the terms of the grant in furtherance of the objectives set forth in the Project Summary section in the Board transmittal attached to this resolution; and WHEREAS, this Board has been presented with a form of the grant agreement and has examined it and approved it as to both form and content and desires to enter into the agreement.

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Board of Supervisors approves of said grant, and authorizes the County Executive, or designee, to execute said grant agreement.

BE IT FURTHER RESOLVED that the County Executive or designee is authorized to execute amendments to the grant agreement which modify the County’s maximum fiscal obligation by no more than ten percent (10%) or $25,000 (in aggregate), whichever is less, and/or modify the contract term and/or services so long as the modified term or services is/are within the current or revised fiscal provisions. * * * * * *

7.1 Attachment 2 - County Board of Supervisors Resolution No. 080855

189

RESOLUTION NUMBER: 080855
Regu
larly passed and adopted this 14th day of January, 2025 A
YES and in favor of said resolution:

Supe
rvisors: NOELIA CORZO

RAY MUELLER

L ISA GAUTHIER
D AVID J. CANEPA
N
OES and against said resolution:

Supe
rvisors: JACKIE SPEIER
P resident, Board of Supervisors
County of San Mateo
State of California
C
ertificate of Delivery
I
certify that a copy of the original resolution filed in the Office of the Clerk of the Board of Supervisors of San Mateo County has been delivered to the President of the Board of Supervisors.

Assistant Clerk of the Board of Supervisors

7.1 Attachment 2 - County Board of Supervisors Resolution No. 080855

190

7.1 Attachment 3 - County Agreement dated January 14, 2025

191

7.1 Attachment 3 - County Agreement dated January 14, 2025

192

7.1 Attachment 3 - County Agreement dated January 14, 2025

193

7.1 Attachment 3 - County Agreement dated January 14, 2025

194

7.1 Attachment 3 - County Agreement dated January 14, 2025

195

7.1 Attachment 3 - County Agreement dated January 14, 2025

196

7.1 Attachment 3 - County Agreement dated January 14, 2025

197

7.1 Attachment 3 - County Agreement dated January 14, 2025

198

7.1 Attachment 3 - County Agreement dated January 14, 2025

199

Amendment Template Version May 2021

County of San Mateo

Contract Amendment Coversheet and Contract Amendment for <$200K

CONTRACT SUMMARY
Contract No: Contractor Name Amendment No:
80125-25-R080855 City of Foster City 1

THE AGREEMENT HAS CHANGED AS FOLLOWS:

Agreement Amount
Original Amount: $35,000
Amendment 1 Amount: No Change
Amendment 2 Amount:

Amendment 3 Amount:
(edit line as needed –
add/delete)

Current Amount: Addition or
Reduction:

New Total:
$35,000 No Change $35,000

Agreement Term
Original Start Date: 01/14/2025 Original End Term: 07/31/2025 Amendment 1 Start
Date:
03/14/2025 Amendment 1 End Date: 12/31/2025
Amendment 2 Start
Date:

Amendment 2 End Date:

Amendment 3 Start
Date:

Amendment 3 End Date:
(edit line as needed –
add/delete)

Paragraph Changes:

3. Term and Termination: Contract is extended to December 31, 2025.

Exhibit A is replaced by Exhibit A1
Exhibit B is updated to capture the new term end date.

Docusign Envelope ID: A11CB631-F1E3-4DE1-BE70-A405F9A800D8

7.1 Attachment 4 - Amendment to Agreement, dated March 17, 2025

200

Amendment Template Version May 2021 Page 1

AMENDMENT ONE TO MEASURE K GRANT AGREEMENT

BETWEEN THE COUNTY OF SAN MATEO AND

CITY OF FOSTER CITY

THIS AMENDMENT ONE TO THE AGREEMENT, entered into this 14 day of March 2025, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and City of Foster City, hereinafter called "Grantee";

W I T N E S S E T H:

WHEREAS, on January 14, 2025 the parties entered into a Measure K Grant Agreement (“Agreement”) for Emergency Rental Assistance Pilot Program to address the growing need for rental assistance and reduce the risk of ho melessness for vulnerable populations facing eviction, in an amount not to exceed $35,000 for a term January 14, 2025 through July 31, 2025; and

WHEREAS, the parties wish to amend the Agreement for Measure K funds, to extend the term of the agreement through December 31, 2025, and replace Exhibit A its entirety.

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

1. Section 3 of the Agreement is amended to read as follows:

Term & Termination
Subject to compliance with all terms and conditions, the term of this Agreement shall begin January 14, 2025, and continue through December 31, 2025. This Agreement will not automatically renew, nor shall it create any reliance on the possibility of future grants.

County may terminate this Agreement based upon the unavailability of Federal, State, or County funds by providing written notice to Grantee within a reasonable time after County learns of said unavailability of funding. Grantee acknowledges that this Agreement may be subject to approval by the Board of Supervisors and assumes all risk of possible non-appropriation and non-approval of funds.

Docusign Envelope ID: A11CB631-F1E3-4DE1-BE70-A405F9A800D8

7.1 Attachment 4 - Amendment to Agreement, dated March 17, 2025

201

Amendment Template Version May 2021 Page 2

County may suspend and/or terminate this Agreement if Grantee fails to comply with the terms of this Agreement and may, in its sole discretion, withhold or cancel pending and future disbursements of grant funds and/or require Grantee to return some or all of the funds disbursed under this Agreement.

2. Original Exhibit A is replaced with Exhibit A1 (rev. 03/14/2025).

3. The first paragraph of Exhibit B is revised to reflect the new end term date of December 31, 2025.

4. All other terms and conditions of the ag reement dated January 14, 2025, between the County and Grantee shall remain in full force and effect.

Docusign Envelope ID: A11CB631-F1E3-4DE1-BE70-A405F9A800D8

7.1 Attachment 4 - Amendment to Agreement, dated March 17, 2025

202

Amendment Template Version May 2021 Page 3

In witness of and in agreement with this Amendment to the Agreement’s terms, the parties, by their duly authorized representatives, affix their respective signatures:

For Contractor: City of Foster City

_____________________________
Contractor Signature
_______________
Date
___________________________
Contractor Name (please print)

For County:

______________________________
(Signature)
Authorized Designee
County of San Mateo

ROBERTO MANCHIA
____________________________
(please print name)
Authorized Designee
County of San Mateo

______________
Date

CHIEF FINANCIAL OFFICER
______________________________
Job Title (please print)

80125-6265
______________________________
Budget Unit

BOSD2
______________________________
Measure K JL Code

Docusign Envelope ID: A11CB631-F1E3-4DE1-BE70-A405F9A800D8 Stefan Chatwin3/17/2025
3/17/2025

7.1 Attachment 4 - Amendment to Agreement, dated March 17, 2025

203

Amendment Template Version May 2021 Page 4

Exhibit A1 (rev. 03/14/2025)

The County and Grantee City of Foster City agree that the grant funds shall only be used to further the goals of the following Project, described below and in the January 14, 2025, Board transmittal and resolution incorporated herein by reference:

The Grantee will use the grant funds to provide emergency rental assistance to Foster City residents under the Foster City Emergency Rental Assistance Pilot Program to address the growing need for rental assistance and reduce the risk of homelessness for vulnerable populations facing eviction. The program will provide one-time grants of up to $3,000 directly to landlords of eligible residents in lieu of residents’ rent payments. Program eligibility will be limited to low-income residents living in below market rate (BMR) housing who are facing displacement, and who are seniors aged 62 or over, individuals living with disabilities, veterans, and families with children. Grantee will further confirm eligibility via the process described in the January 14, 2025, Board transmittal.

Specifically, the Grantee will allocate the grant funds as follows:

Budget:

• $30,000: In grants funds available to prequalified landlords on behalf of eligible applicants.

• $5,000: to the Grantee (Emergency Rental Relief Program) for Administrative Services Fee for processing the program eligibility and applications. • Grantee will ensure that funds are not duplicative by confirming with Samaritan House that approved applications were not previously granted.

In no event shall the County’s fiscal obligation under this Agreement exceed $35,000.

Docusign Envelope ID: A11CB631-F1E3-4DE1-BE70-A405F9A800D8

7.1 Attachment 4 - Amendment to Agreement, dated March 17, 2025

204

Attachment 5
Research
Cities with Rent Relief Programs, San Mateo County
South San Francisco Half Moon Bay Daly City Redwood City Brisbane Program Established Feburary 2020 2018 2019 March 2020 December 2020 Source of Funding Housing Successor
Funds General Fund Housing Successor
Funds General Fund Housing Successor
Funds
Average Annual Funding $150,000 $50,000 $50,000 $120,000 One time - $100,000 Administrator (Processes
Apps) YMCA Coastside Hope Daly City Partnership Fair Oaks Community Center Samaritan House
Payor (Cuts Checks) City Coastside Hope Daly City Partnership City Samaritan House Payee (Receives Payment) Landlord Landlord Landlord Landlord Landlord Max Per Tenant Household $4,500 $3,000 $50,000 $5,000 $4,000 Frequency of Use Until max reached Until max is reached Until the max is reached Until max is reached Until the max is
reached
Uses Rent, utilities, deposits Rent, utilities, deposits Rent, utilities, deposits Rent, utilities, deposits Rent, utilities, deposits Limitations
Until 2025, payments
were limited to COVID
impacts
Source: 21 Elements, March 2025

7.1 Attachment 5 - Research from other jurisdictions

205

City of Foster City Measure K Emergency Rent Relief Eligibility Screening FormAPPLICANT NAMEDATE OF APPLICATIONAPPLICATION NUMBERBMR PROPERTYBMR UNIT #VERIFIED SIZE OF UNITVERIFIED RENTAL RATERENT, UTILITIES, BOTH, DEPOSITAMOUNT REQUESTEDSENIOR (62+), VETERAN, DISABILITY, MINOR CHILD/RENAPPROVEDYES/NOBASIS FOR NEEDCHOOSE 1-9OTHER: DESCRIBEEXTREME HARDSHIPYES/NO - See Award GuidelinesDOCUMENTATION PROVIDEDYES/NOAPPROVEDYES/NOEXPLANATION IF NOFINANCIAL ACCOUNTS BALANCEDOCUMENTATION PROVIDEDYES/NOAPPROVEDYES/NOHOUSEHOLD INCOME PER RECERTLast RecertificationMust have a valid and verifiable need. Attach documentation. Examples include a letter or email from the employer, medical bills or documented evidence of medical issue or injury, paystubs, bank statements showing income reduction, or notarized affidavit. Total balance must be less than $10,000. Checking, savings, stocks, digital wallet balance , etc. (but not 401K, IRA, Pension, Deferred Compensation).FINANCIAL ACCOUNT BALANCE <$10,000INCOME VERIFICATION

TYPE OF REQUESTHOUSEHOLD DEMOGRAPHICSDEMONSTRATION OF NEED ELIGIBILITY AND FUNDING AWARDFOSTER CITY EMERGENCY RENT RELIEF PROGRAM FOR BMR TENANTSMust meet at least one demographic criteria. Documentation of veteran status is required. For disabilities, verification of the fact that the applicant is disabled. Do not ask or seek information about the nature of the disability. Age is verified by ID, Minor children are verified by the Income Certification. v.1 4/25

7.1 Attachment 6 - Eligibility Screening Form

206

City of Foster City Measure K Emergency Rent Relief Eligibility Screening FormDATE OF LAST RECERTIFICATIONCURRENT HOUSEHOLD INCOMEHOUSEHOLD SIZEINCOME LIMIT FOR HH SIZE50% AMI per HCDUTILITY ALLOWANCE AMOUNTFor Unit SizeAPPROVEDYES/NOLEASE RECEIVEDYES/NO/PENDINGDEPOSIT AMOUNT YES/NO/PENDING/N/AIDENTIFICATION YES/NO/PENDINGUTILITY BILLS YES/NO/PENDING/N/ALEDGER YES/NO/PENDING/N/AADDITIONAL DOCUMENTS REQ'DYES/NO/PENDING/N/AAPPROVEDAWARD AMOUNTNOTICE TO LANDLORD SENTYES/NO/PENDING W9 RECEIVEDYES/NO/PENDING SDP COMPLETEYES/NO/PENDING NOTICE SENT TO TENANTYES/NO/PENDING Signature of ApproverTitle DateAward GuidelinesKey for Basis of NeedSee County Agreement, Resolution, and Board Memo for more information Guidelines
1-Job loss 2 - pay reduction, 3- medical, 4-disability, 5-caregiver, 6-job loss/job hunting, 7- job loss/training program, 8-can't afford deposit, 9-other (describe) Use HCD income limits and Utility Allowances for current year. City's income limits and UA take effect July 1 each year. Must be based on current household size. Utility Allowance schedule is provided by the County and approved for each BMR property by the City. Recert must be less than 12 months old or income must be recertified.Verify rental rate, current lease, deposit amount, if applicable. Request ledger if needed to verify late payments, nonpayment. Also verify utility bills if paid to landlord. Copies of bills suffice for verification.a) if the applicant applied for rent and utilities, the award amount is the rent plus the greater of utility allowance or utility bills submitted, with a maximum of $3,000; b) if the applicant applied for rent only, the award amount is one month of rent up to $3,000; c) if the applicant applied for a deposit, the award amount is the amount of the deposit as specified by the landlord, up to $3,000. Attach W9 and this form to SPD. Maximum award is $3,000 total per household.

VERIFICATION OF DOCUMENTSAPPROVAL
v.1 4/25

7.1 Attachment 6 - Eligibility Screening Form

207

Click to Apply online

FOSTER CITY

EMERGENCY

RENT RELIEF

PROGRAM
A new pilot program sponsored
by the City of Foster City with
support from Measure K.

Questions?
Call (650) 286-3230
Email: [email protected]
Qualified
households can
receive up to $3,000
For low income renters in
Below Market Rate housing
Do you need
help paying
your rent,
utilities, or a
lease deposit?
https://forms.office.com/g/imH9juzeUQt
or Apply in person at City Hall, Planning
Counter, 610 Foster City Boulevard

7.1 Attachment 7 - Program Flyer

208

Applicants must reside in a Below Market
Rate (BMR) unit at one of the following
properties in Foster City:
100 Grand Apartments, 100 Grand Way
The Pilgrim, 501 Pilgrim Drive
The Plaza, 1 Plaza View Lane
The Triton, 55 Triton Park Lane
Miramar Apartments, 1288 E. Hillsdale
Blvd.

Marlin Cove Apartments, 1060 Foster
City Blvd.

Alma Point Senior Apartments, 790
Alma Point Lane
Metro Center Senior Apartments, 100
Village Lane
Existing Unit Purchase Program Units
Provide the required documents:

Lease or approved application
Identification
Income documentation
Financial documentation
Utility Bills, if applicable
Other documents as required
Your household financial
assets must be less than
$10,000, excluding
retirement accounts and
pensions.

Eligibility
At least one household
member must be
aged 62 or over, or
disabled, or
a veteran of the US
Armed Forces, or
under age 18.

Eligibility will be verified by City staff. One application per household.

Additional rules and restrictions apply. Payments will be made directly to landlords for rent relief. Maximum award: $3,000 per household. Funding is limited and available to eligible applicants on a first come, first-served basis. The program is available until December 31, 2025 as long as funds are available.

You must have an
immediate need for
financial assistance due
to job loss or other
circumstances that put
your household at risk of
displacement within the
next 3 months.

Your current household
income must be under
50% of Area Median
Income.

7.1 Attachment 7 - Program Flyer

209

Prepared Date 3/5/2025 City of Foster City, CA
Accounts Payable Check Register

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Foster City City CouncilApril 7, 2025

Foster City City Council
April 7, 2025