Agenda packet — Foster City City Council, June 2, 2025 (part 1 of 3)

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://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, June 02, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing and Observing Juneteenth

4.2. A Proclamation Recognizing June 2025 as LGBTQIA+ Pride Month

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

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

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

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

6.1. City/EMID Regular Meeting Minutes of May 19, 2025

6.2. A Resolution of the City Council of the City of Foster City, California, Establishing the Property Tax Rate for General Obligation Bonds for Fiscal Year 20252026
a) Staff Report
b) Adopt Resolution

6.3. A Resolution of the City Council of the City of Foster City Authorizing the Temporary Closure of Vehicular Traffic Flow on Shell Boulevard From E.

Hillsdale Boulevard to Bounty Drive; the Closure of Vehicular Traffic Flow on Balclutha Drive West of the Turnaround Located in Front of the PJCC Campus and Shell Boulevard; the Shell Boulevard Exit From the South Service Road of the PJCC Campus; and the Shell Boulevard Exit From Civic Center Drive for the Fourth of July Celebration on July 4, 2025 a) Staff Report
b) Adopt Resolution

6.4. A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Execute an Agreement with Pacific Gas and Electric (PG&E) in the Amount of $88,633.15 for the Provision of Permanent Power for the Recreation Center Rebuild Project (CIP 301678) (CEQA Status: Adopted Initial Study and Mitigated Negative Declaration (SCH # 20231009) a) Staff Report
b) Adopt Resolution

6.5. A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Execute a TwoYear Agreement with Tolemi for Registry of the Below Market Rate Rental Units in an Amount Not to Exceed $37,000, Authorize the City Manager to Execute Two OneYear Extensions in an Amount Not to Exceed $15,000 per year; and Finding Approval of the Agreement Exempt from the CEQA Pursuant to Section 15061(b)(3) a) Staff Report
b) Adopt Resolution

6.6. A Resolution of the City Council of the City of Foster City Approving Merger of CIPS 301718 & 301717, Renaming the Project to the Lagoon Pump Station Seismic Rehabilitation and Capacity Enhancement Project (CIP 301717), Task Order with Schaaf and & Wheeler Consulting Engineers, Inc. In the Amount of $992,045 for Engineering Design Services Related to the Lagoon Pump Station Seismic Rehabilitation and Capacity Enhancement Project (CIP 301 717), Amendment No. 1 with Schaaf & Wheeler Consulting Engineers, Inc. to the Master Services Agreement, and Finding the Action Exempt from Review Under the California Environmental Quality Act (CEQA) 15061(b)(3)
a) Staff Report
b) Adopt Resolution

6.7. A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving a OneYear Extension of the Water/Wastewater Rate Assistance Program (W/WRAP) Through June 30, 2026, and Unless Further Extended by the District Board, Will Automatically Sunset at the Conclusion of This Period; and Finding the Approval of the Extension is Exempt From Review Under the California Environmental Quality Act (CEQA) 15061(b)(3) a) Staff Report
b) Adopt Resolution

6.8. 3rd Quarter Fiscal Year 20242025 Financial Update a) Staff Report
b) By Minute Order, Receive and Accept Report

7. PUBLIC HEARINGS

7.1. A Public Hearing to Hear and Consider Comments Regarding Reviewing and Establishing Water Rates Effective July 1, 2025 with Annual Increases through July 1, 2029
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Establishing Updated Water Rates Effective July 1, 2025, with Annual Adjustments Each July 1 Through July 1, 2029

7.2. A Public Hearing to Hear and Consider Comments Regarding Reviewing and Establishing Wastewater Rates Effective July 1, 2025 with Annual Increases through July 1, 2029
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Establishing Updated Wastewater Rates Effective July 1, 2025, with Annual Adjustments Each July 1 Through July 1, 2029

7.3. FY 2526 Budget Public Hearing

7.4. A Public Hearing to Hear and Consider Comments Regarding the Report on the Foster City Workforce Vacancies, Recruitment, and Retention Trends in Compliance with Assembly Bill 2561
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – By Minute Order, Receive and Accept Report

8. REPORTS

8.1. Citizens Sustainability Advisory Committee 2024 Year End Report and Review of Mission Statement and Goals for 2025
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report and Provide Policy Direction

8.2. Utility Box Art Program Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8.3. Progress Report for General Plan Amendment of Parks and Open Space and Conservation Elements
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on May 5, 2025, May 14, 2025, and ACH were processed on May 5, 2025 a) Information Item Only
b) No Action Required

10. 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.

11. ADJOURNMENT
The public is invited to attend.

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

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

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

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

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, June 02, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing and Observing Juneteenth

4.2. A Proclamation Recognizing June 2025 as LGBTQIA+ Pride Month

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

6.1. City/EMID Regular Meeting Minutes of May 19, 2025

6.3. A Resolution of the City Council of the City of Foster City Authorizing the Temporary Closure of Vehicular Traffic Flow on Shell Boulevard From E.

6.8. 3rd Quarter Fiscal Year 20242025 Financial Update a) Staff Report
b) By Minute Order, Receive and Accept Report

7. PUBLIC HEARINGS

7.3. FY 2526 Budget Public Hearing

8. REPORTS

8.2. Utility Box Art Program Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8.3. Progress Report for General Plan Amendment of Parks and Open Space and Conservation Elements
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on May 5, 2025, May 14, 2025, and ACH were processed on May 5, 2025 a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, June 02, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing and Observing Juneteenth

4.2. A Proclamation Recognizing June 2025 as LGBTQIA+ Pride Month

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

6.1. City/EMID Regular Meeting Minutes of May 19, 2025

6.3. A Resolution of the City Council of the City of Foster City Authorizing the Temporary Closure of Vehicular Traffic Flow on Shell Boulevard From E.

6.8. 3rd Quarter Fiscal Year 20242025 Financial Update a) Staff Report
b) By Minute Order, Receive and Accept Report

7. PUBLIC HEARINGS

7.3. FY 2526 Budget Public Hearing

8. REPORTS

8.2. Utility Box Art Program Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8.3. Progress Report for General Plan Amendment of Parks and Open Space and Conservation Elements
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on May 5, 2025, May 14, 2025, and ACH were processed on May 5, 2025 a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, June 02, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing and Observing Juneteenth

4.2. A Proclamation Recognizing June 2025 as LGBTQIA+ Pride Month

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

6.1. City/EMID Regular Meeting Minutes of May 19, 2025

6.3. A Resolution of the City Council of the City of Foster City Authorizing the Temporary Closure of Vehicular Traffic Flow on Shell Boulevard From E.

6.8. 3rd Quarter Fiscal Year 20242025 Financial Update a) Staff Report
b) By Minute Order, Receive and Accept Report

7. PUBLIC HEARINGS

7.3. FY 2526 Budget Public Hearing

8. REPORTS

8.2. Utility Box Art Program Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8.3. Progress Report for General Plan Amendment of Parks and Open Space and Conservation Elements
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on May 5, 2025, May 14, 2025, and ACH were processed on May 5, 2025 a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, June 02, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing and Observing Juneteenth

4.2. A Proclamation Recognizing June 2025 as LGBTQIA+ Pride Month

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

6.1. City/EMID Regular Meeting Minutes of May 19, 2025

6.3. A Resolution of the City Council of the City of Foster City Authorizing the Temporary Closure of Vehicular Traffic Flow on Shell Boulevard From E.

6.8. 3rd Quarter Fiscal Year 20242025 Financial Update a) Staff Report
b) By Minute Order, Receive and Accept Report

7. PUBLIC HEARINGS

7.3. FY 2526 Budget Public Hearing

8. REPORTS

8.2. Utility Box Art Program Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8.3. Progress Report for General Plan Amendment of Parks and Open Space and Conservation Elements
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on May 5, 2025, May 14, 2025, and ACH were processed on May 5, 2025 a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, June 02, 2025 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing and Observing Juneteenth

4.2. A Proclamation Recognizing June 2025 as LGBTQIA+ Pride Month

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

6.1. City/EMID Regular Meeting Minutes of May 19, 2025

6.3. A Resolution of the City Council of the City of Foster City Authorizing the Temporary Closure of Vehicular Traffic Flow on Shell Boulevard From E.

6.8. 3rd Quarter Fiscal Year 20242025 Financial Update a) Staff Report
b) By Minute Order, Receive and Accept Report

7. PUBLIC HEARINGS

7.3. FY 2526 Budget Public Hearing

8. REPORTS

8.2. Utility Box Art Program Update
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

8.3. Progress Report for General Plan Amendment of Parks and Open Space and Conservation Elements
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on May 5, 2025, May 14, 2025, and ACH were processed on May 5, 2025 a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

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

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

6 4.1

4.1 Proclamation

7 4.2

4.2 Proclamation

8 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF MAY 19, 2025

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of May 19, 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 Communications Director/City Clerk/District Secretary 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; Cory Call, Police Chief; Nate Cruz, Finance Director; Derek Schweigart, Parks and Recreation Director; Eric Mackintosh, Deputy Fire Chief; Nori Jabba, Housing Coordinator; Katherine Estrada, Deputy City Clerk; Mark Strathdee, Video Technician; Bridget Michelsen, Video Technician; Connor Whorl, Video Technician; and Priscilla Schaus,
Communications Director/City Clerk/District Secretary.

SPECIAL PRESENTATIONS

PRESENTATION BY THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY REGARDING US 101/SR 92 INTERCHANGE DIRECT CONNECTOR PROJECT.

Carolyn Mamaradlo, Project Manager, and Amy Linehan, Government and Community Relations Officer of the San Mateo County Transportation Authority presented the staff report.

Sean Schochet addressed the City Council via email.

6.1 6.1 Minutes

9 Evan Adams addressed the City Council via teleconference.

The following people addressed the City Council in person:

1. Karen Cutler;

2. Giuliano Carlini; and

3. Mike Swire.

PUBLIC
Diego Ochoa, San Mateo-Foster City School District Superintendent, addressed the City Council via email regarding workforce housing.

Smita Bansal addressed the City Council in person regarding the mental health nonprofit On My Mind Foundation.

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

City/EMID Consent Calendar

1. City/EMID Regular Meeting Minutes of May 5, 2025;

2. City Resolution No. 2025-31, “A Resolution of the City Council of the City of Foster City (1) Authorizing the Award of a Construction Contract to Spektren Engineering, Inc. in the Amount of $135,867 for the Construction of the Foster City Boulevard Median Modification Project (CIP 301-635); (2) Establishing a Construction Contingency in the Amount of $20,000; and (3) Finding the Project Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15301(B) — Existing Facilities;”

3. City Resolution No. 2025-32, “A Resolution of the City Council of the City of Foster City Accepting the Work by G. Bortolotto & Company, Inc. for CIP 301-716 Street Rehabilitation Project and Park Pathway Restoration Project (FY 23-24) and Directing the City Clerk to File the Filing Notice of Completion for Project; (CEQA Status: Found to be Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c)-Existing Facilities)”; and

4. EMID Resolution No. 3802, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving a Contingency and Budget Increase in the Amount of $75,000 for CIP 405-660 Water Tanks and Facilities Improvement Project for a Total Contingency Amount of $715,000 (CEQA Status: Exempt from CEQA Under Section 15301(B)-Existing Facilities).”
Evan Adams addressed the City Council via email regarding “A Resolution of the City Council of the City of Foster City (1) Authorizing the Award of a Construction Contract to Spektren Engineering, Inc. in the Amount of $135,867 for the Construction of the Foster

6.1 6.1 Minutes

10 City Boulevard Median Modification Project (CIP 301-635); (2) Establishing a Construction Contingency in the Amount of $20,000; and (3) Finding the Project Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15301(B) — Existing Facilities.”

ITEM PULLED FROM CONSENT CALENDAR
TASK ORDER PLWS-2025-01 WITH PLACEWORKS IN THE AMOUNT OF $139,919

TO PROVIDE ENVIRONMENTAL REVIEW AND DOCUMENTATION (INITIAL STUDY) FOR THE PROPOSED 800,000 SF OF BIOTECHNOLOGY OR RESEARCH AND DEVELOPMENT, LOCATED AT 1155, 1165, AND 1185 CHESS DRIVE (GILEAD CHESS HATCH MASTER PLAN); AUTHORIZE A 5 PERCENT CONTINGENCY IN THE AMOUNT OF $6,996 AND AUTHORIZE THE CITY MANAGER TO EXECUTE ANY NECESSARY AMENDMENTS TO THE TASK ORDER UP TO THAT AMOUNT; AND

FINDING THE AUTHORIZATION OF THE TASK ORDER EXEMPT UNDER CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3). CITY RESOLUTION NO. 2025-33.

Without objection from the City Council, Mayor Jimenez removed this item from the Consent Calendar at the request of Councilmember Sullivan.

Community Development Director Mangalam provided the staff report.

Evan Adams addressed the City Council via teleconference.

Discussion ensued.

Motion by Councilmember Venkat, seconded by Councilmember Sullivan, and carried unanimously, 5-0-0, adopting City Resolution No. 2025-33, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Task Order PLWS- 2025-01 with Placeworks in the Amount of $139,919 to Provide Environmental Review and Documentation (Initial Study) for the Proposed 800,000 SF of Biotechnology or Research and Development, Located at 1155, 1165, and 1185 Chess Drive (Gilead Chess Hatch Master Plan); Authorizing a 5 Percent Contingency in the Amount of $6,996 and Authorizing the City Manager to Execute Any Necessary Amendments to the Task Order Up to that Amount; and Finding the Authorization of the Task Order Exempt Under CEQA Pursuant to CEQA Guidelines Section 15061(B)(3).”

RESOLUTION FOR ADOPTION
APPOINTMENT OF ONE MEMBER TO A FULL FOUR-YEAR TERM FROM JUNE 1, 2025 THROUGH MAY 31, 2029 ON THE PLANNING COMMISSION. CITY RESOLUTION NO. 2025-34.

Communications Director/City Clerk Schaus presented the staff report.

6.1 6.1 Minutes

11 The following applicants seeking appointment to the Planning Commission were interviewed by the City Council:

1. Shankar Kenkre;

2. Barry Salberg; and

3. Cindy Wang.

Avi Hermosa Petel was not in attendance.

Motion by Councilmember Venkat, seconded by Councilmember Sullivan, and carried unanimously, 5-0-0, adopting City Resolution No. 2025-34, “A Resolution of the City Council of the City of Foster City Appointing One Member to the Planning Commission to a Full Four-Year Term,” appointing Shankar Kenkre to a full four-year term from June 1, 2025 through May 31, 2029 on the Planning Commission.

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

City/District Warrants of Demands were Processed and Issued on April 30, 2025.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager Chatwin reminded the Council/Board that City Hall will be closed on Monday, May 26 in celebration of the Memorial Day holiday. He stated the next Council of Cities meeting will be held in Burlingame on Friday, June 27.

Councilmember/Director Sullivan stated he attended the City/County Association of Governments of San Mateo County (C/CAG) Airport Land Use Committee’s San Carlos Airport Safety Zone 6/Childcare Work Group meeting on May 14. On May 16, he attended the ribbon cutting ceremony at the Edgewater Marine boathouse and the Council of Cities meeting in San Mateo.

Councilmember/Director Niederhofer stated she attended San Mateo County’s 169th anniversary celebration and the Joint Study Session of the Planning Commission and Parks and Recreation Committee on May 15. On May 16, she attended the ribbon cutting ceremony at the Edgewater Marine boathouse and the Council of Cities meeting in San Mateo. On May 18, she attended the Peninsula Jewish Community Center’s (PJCC) Third Annual Spring Celebration.

Vice Mayor/Vice President Kiesel stated he attended the Bay Area Water Supply and Conservation Agency (BAWSCA) Board meeting on May 15, where they discussed a plan for a long-term reliable water supply strategy through 2050. On May 18, he attended the PJCC Third Annual Spring Celebration. He reported that the San Mateo County Libraries Joint Powers Authority (JPA) Governing Board meeting on May 19 was canceled due to

6.1 6.1 Minutes

12 the detection of a gas odor at the meeting location. He announced he will be meeting with the Planning division to discuss the gatekeeper process.

Mayor/President Jimenez stated that on May 8 she visited Audubon Elementary School and later attended the C/CAG Board meeting, where they discussed the San Mateo County Safe Routes to School program and a walk audit to encourage children to walk to school. On May 10, she attended the Foster City Chamber of Commerce 5k Fun Run. On May 19, she attended the C/CAG Congestion Management and Environmental Quality (CMEQ) Committee meeting and the San Mateo County Child Care Partnership Council (CCPC) meeting. She stated she will be holding her monthly office hours on May 24 at 1:00 p.m. at Penelope’s Coffee and Tea.

Councilmember/Director Venkat stated on May 4-6 she attended the Elected Officials to Protect America (EOPA) Energy Security Summit 2025. She participated in Bike-to- Wherever Day on May 15. On May 17, she attended the OCA (Organization of Chinese Americans) San Mateo Chapter Scholarship Award Ceremony, where a Foster City student was awarded a scholarship. She noted that May is Mental Health Month as well as Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage month.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Jimenez adjourned the meeting. Meeting adjourned at 8:48 p.m.

6.1 6.1 Minutes

13 DATE: June 2, 2025

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

FROM: Nate Cruz, Finance Director
Waqas Hassan, Assistant Finance Director
DEPARTMENT: Finance
SUBJECT: ESTABLISHING THE PROPERTY TAX RATE FOR GENERAL OBLIGATION BONDS FOR FISCAL YEAR 2025-26

RECOMMENDATION
It is recommended that the City Council approve the attached resolution establishing the property tax rate for General Obligation Bonds for Fiscal Year (“FY”) 2025-26.

EXECUTIVE SUMMARY
In August 2020, the City issued General Obligation Bonds, Series 2020 (Levee Protection Planning and Improvements Project) "Bonds" in the aggregate principal amount of $85 million. In July 2023, due to the subsequent increase in the total cost of the Project, the City issued a second tranche of $5 million Bonds for a total of $90 million.

The City Council is required annually to levy a property tax sufficient to pay the principal and interest on the Bonds. City staff has determined that a combined tax rate of $0.0285 per $100 of assessed value (equates to $28.50 per $100,000 of assessed value) upon taxable properties in the City is necessary to pay for the Bond debt service (principal and interest) of $4,253,012 that is due and payable on February 1, 2026 and August 1, 2026.

BACKGROUND/ANALYSIS

6.2 6.2 Staff Report

14 In June 2018, Foster City voters approved a ballot measure authorizing the issuance of up to $90 million in General Obligation Bonds for the Levee Protection Planning and Improvements Project. In August 2020, the City Council authorized the issuance of the first tranche of the General Obligation Bonds in the aggregate principal amount of $85 million. In July 2023, due to the subsequent increase in the total cost of the Project, the City issued a second tranche for $5 million Bonds of the total approved amount of $90 million. In order to pay the debt service of $4,253,012 including principal and interest that is due and payable on February 1, 2026 and August 1, 2026, City staff has determined that a combined property tax rate of $0.0285 per $100 of assessed value (equates to $28.50 per $100,000 of assessed value) is appropriate in FY 2025-261.

This combined rate corresponds to a separate tax rate of $0.0264 per $100 of assessed value (equates to $26.40 per $100,000 of assessed value) for the 2020 General Obligation Bonds and $0.0021 per $100 of assessed value (equates to $2.10 per $100,000 of assessed value) for the 2023 General Obligation Bonds. The County requires a City Council resolution providing the County with the authority to add this levy to their tax roll.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
The recommended General Obligation Bonds tax levy provides funds needed in the City's Debt Service Fund for principal and interest payments for the bond year ending August 1, 2026. There is no impact to the General Fund.

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

Attachment 1 - Resolution
1 Notably, the tax levy proposed in this staff report applies to FY2025-26 even though the second debt service payment date of August 1, 2026 is in the following fiscal year. This allows sufficient time to collect property tax payments (which typically are received by the City mainly in December and April) prior to the debt service due date.

6.2 6.2 Staff Report

15 RESOLUTION NO. _____________

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

CALIFORNIA, ESTABLISHING THE PROPERTY TAX RATE FOR GENERAL OBLIGATION BONDS FOR FISCAL YEAR 2025-2026

CITY OF FOSTER CITY
WHEREAS, on June 5 th, 2018, the voters of the City of Foster City (the “City”) approved a bond measure approving the issuance of up to $90 million in General Obligation Bonds for the Levee Protection Planning and Improvements Project (the “Bond Measure”); and
WHEREAS, the City Council of the City of Foster City (the “City Council”) authorized the issuance of General Obligation Bonds, Series 2020 (Levee Protection Planning and Improvements Project), the “Bonds”, in the aggregate principal amount of $85 million for purposes authorized under the Bond Measure; and WHEREAS, the City Council authorized the issuance of the second tranche of General Obligation Bonds, Series 2023, in the aggregate principal amount of $5 million, brining the total debt issuance amount to $90 million as authorized by the Bond Measure; and
WHEREAS, pursuant to Section 5403 of the Government Code, the City may levy a tax or assessment, as the case may be, in an amount clearly sufficient to pay that portion of the principal and interest on said Bonds which is expected to become due and payable before the proceeds of the next succeeding tax or assessment levy will be available; and
WHEREAS, the City Council desires to establish the rate of property tax required to generate an amount of revenue from the tax base to provide sufficient monies to pay debt service on the Bonds; and
WHEREAS, the combined debt service on the Bonds for the bond year ending August 1, 2026 is $4,253,012.

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

1. The property tax rate within the City for General Obligation Bonds, Series 2020 for the fiscal year ending June 30, 2026 is established at $0.0264 per $100 assessed value, pursuant to Section 5403 of the Government Code.

2. The property tax rate within the City for General Obligation Bonds, Series 2023 for the fiscal year ending June 30, 2026 is established at $0.0021 per $100 assessed value, pursuant to Section 5403 of the Government Code.

6.2 Attachment 1 - Resolution

16 3
3 0
4 3. The combined property tax rate within the City for the Bonds (including Series 2020 and Series 2023) for the fiscal year ending June 30, 2026 be and hereby is established at $0.0285 per $100 assessed value, pursuant to Section 5403 of the Government Code.

BE IT FURTHER RESOLVED that the City Manager, Finance Director and the Assistant Finance Director are each hereby directed and authorized to take any and all actions necessary to ensure that such property tax rate is enrolled with the San Mateo Auditor-Controller.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 2nd day of June, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________

STACY JIMENEZ, MAYOR
ATTEST:
___________________________________

PRISCILLA SCHAUS, CITY CLERK

6.2 Attachment 1 - Resolution

17 DATE: June 2, 2025

TO: Mayor and Members of the City Council

VIA:

FROM:

Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
Derek Schweigart, Parks and Recreation Director
Tiffany Oren, Recreation Manager
Frank Fanara, Parks Maintenance Manager
SUBJECT: TEMPORARY STREET CLOSURES FOR FOSTER CITY FOURTH OF JULY CELEBRATION 2025

RECOMMENDATION
It is recommended that City Council adopt the attached resolution approving the temporary closure of portions of Shell Boulevard, Balclutha Drive, and Civic Center Drive to vehicular traffic on Friday, July 4, 2025, for the Annual Fourth of July Celebration.

EXECUTIVE SUMMARY
The Fourth of July Celebration is a highly recognized special event by Foster City residents and has grown to include visitors from neighboring Peninsula communities as well. The following partial street closures for the annual Fourth of July Celebration will provide safety and security for the event. Due to the construction occurring at Leo Ryan Park for the new Community Center, there will be a slight change in the planned street closures than in previous years. The closure of East Hillsdale Boulevard, which is typically scheduled from 5:00 PM to 11:00 PM as part of the event, will not take place this year. All other street closure times will be shortened, as the event will only include daytime activities. Streets will reopen earlier in the evening due to the absence of the fireworks show.
•Shell Boulevard from 6:00 AM to 8:00 PM
•Civic Center Drive from 6:00 AM to 8:00 PM

6.3 6.3 Staff Report

18 •Balclutha Drive between the round-about and Shell Boulevard, and the exit onto Shell Boulevard from the South Service Road of the PJCC campus from 6:00 AM to 8:00 PM

BACKGROUND/ANALYSIS
The Fourth of July Celebration is one of the largest City sponsored special events coordinated through the Parks and Recreation Department. The City has hosted Fourth of July Celebration since 1978 and began incorporating fireworks into the Celebration in 1982. The Fourth of July Celebration is a highly recognized special event by Foster City residents and has grown to include visitors from neighboring Peninsula communities as well. The street closure plan for the event has also been reviewed by Police Department personnel to ensure public safety and traffic coordination. Event logistics will also be discussed at an upcoming IDEC meeting when staff presents the full lineup of summer events.

Per Section 21101(e) of Division 11 of the California Vehicle Code, a city, by resolution, is allowed to close portions of public roadways to vehicular traffic to provide for the health and safety of its citizens. The Fourth of July Celebration brings a larger influx of people and vehicles into Foster City. The City’s traffic plan which will be adjusted from previous years due to the shortened day, calls for the closure of:
•Shell Boulevard from E. Hillsdale Boulevard to Bounty Drive from 6:00 AM to 8:00 PM to protect pedestrians using the park.
•The exit onto Shell Boulevard from Civic Center Drive and the PJCC South Service Road from 6:00 AM to 8:00 PM
•Balclutha Drive west of the turnaround circle located in front of the PJCC from 6:00 AM to 8:00 PM to ensure vehicles do not proceed westbound on the "one- way" portion of this street into the dead end that will result from the closure of Shell Boulevard
While this year’s event will be limited to daytime activities only—due to the ongoing construction of the new Community Center—these temporary closures are still necessary to safely accommodate the larger number of attendees expected to participate in the festivities. Approval of the attached resolution would allow the Parks and Recreation Department to close portions of Shell Boulevard, Balclutha Drive, and Civic Center Drive on Friday, July 4, 2025, for the Annual Fourth of July Celebration. These closures are necessary to handle the large crowds expected for this event.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Not Applicable

6.3 6.3 Staff Report

19 FISCAL IMPACT
Preparing for the street closure involves staff support from the Parks Division; however, these tasks are incorporated into the maintenance team’s regular daily responsibilities in the days leading up to the event. With this year’s shortened schedule, the overall staff time required will be reduced.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Public Safety and Social Equity
ATTACHMENT:
•Attachment 1 - Resolution

6.3 6.3 Staff Report

20 3
4 0
7 RESOLUTION NO. __________

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

AUTHORIZING THE TEMPORARY CLOSURE OF VEHICULAR TRAFFIC FLOW ON SHELL BOULEVARD FROM E. HILLSDALE BOULEVARD TO BOUNTY DRIVE; THE

CLOSURE OF VEHICULAR TRAFFIC FLOW ON BALCLUTHA DRIVE WEST OF THE

TURNAROUND LOCATED IN FRONT OF THE PJCC CAMPUS AND SHELL BOULEVARD; THE SHELL BOULEVARD EXIT FROM THE SOUTH SERVICE ROAD OF THE PJCC CAMPUS; AND THE SHELL BOULEVARD EXIT FROM CIVIC CENTER DRIVE FOR THE FOURTH OF JULY CELEBRATION ON JULY 4, 2025

CITY OF FOSTER CITY
WHEREAS, the City of Foster City intends to assist in the daytime celebration of the Fourth of July and a large part of that celebration will occur at Leo Ryan Park and will result in a large gathering of people for the celebration; and WHEREAS, Section 21101(e) of Division 11 of the California Vehicle Code allows local authorities, for those highways under their jurisdiction, to adopt rules and regulations by ordinance or resolution prohibiting entry to or exit from, or both, from any street by means of, curbs, traffic barriers, or other roadway design features to implement the circulation element of a general plan consistent with the responsibility of local government to provide for the health and safety of its citizens; and WHEREAS, the street closures include: Shell Boulevard from E. Hillsdale Boulevard to Bounty Drive; Balclutha Drive between the round-about on the PJCC Campus and Shell Boulevard; the Shell Boulevard. exit from the South Service Road of the PJCC Campus; and the Shell Boulevard exit from Civic Center Drive; and WHEREAS, members of the Foster City Police Department have reviewed the proposal for the event and recommend the closure of three streets to ensure the safety of those attending the event.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City authorizes the closure of vehicular traffic flow on Shell Boulevard from E. Hillsdale Boulevard to Bounty Drive between the hours of 6:00 A.M. and 8:00 P.M.; the closure of vehicular traffic flow on Balclutha Drive west of the turnaround located in front of the PJCC campus and Shell Boulevard between the hours of 6:00 A.M. and 8:00 P.M.; the Shell Boulevard exit from the South Service Road of the PJCC campus between the hours of 6:00 A.M. and 8:00 P.M.; and the Shell Boulevard Exit from Civic Center Drive between the hours of 6:00 A.M. and 8:00 P.M. on Friday, July 4, 2025 for the purpose of celebrating the Fourth of July; and
BE IT FURTHER RESOLVED that the City Council authorizes the temporary placement of signs and traffic cones as approved by the Chief of Police; and

6.3 Attachment 1- Resolution

21 3
4 0
7 BE IT FURTHER RESOLVED that the Chief of Police or his duly appointed officers, as defined by the Penal Code be in charge of traffic control.

PASSED AND ADOPTED as the resolution of the City Council of the City of Foster City at the regular meeting held on the 2nd day of June 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________

STACY JIMENEZ, MAYOR
ATTEST:
______________________________

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 1- Resolution

22 7
8 0
DATE: June 2, 2025

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Derek Schweigart, Parks and Recreation Director
Justin Lai, Senior Civil Engineer
SUBJECT: AGREEMENT WITH PACIFIC GAS AND ELECTRIC FOR PERMANENT

POWER FOR THE RECREATION CENTER REBUILD PROJECT (CIP
301-678)

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the City Manager to execute the attached agreement with Pacific Gas and Electric (PG&E) in the amount of $88,633.15 (Option #2) for the construction of the permanent power for the Recreation Center Rebuild Project (CIP 301-678) (Project).

EXECUTIVE SUMMARY
A construction agreement was executed with BHM Construction LLC. (BHM) for the Project with construction starting at the end of 2024. The future building will require the installation of new facilities from PG&E for permanent power. The Project team has developed a plan to bring permanent power to the site, however for PG&E to perform the work, the City needs to execute the attached agreement with the staff recommended associated cost of $88,633.15.

BACKGROUND
Beginning in 2019, the Project has been a priority for the City with a budget of approximately $55 million dollars. Group 4 Architecture, Research + Planning, Inc. (Group 4) was hired to design the building, and Griffin Structures (Griffin) was hired as the construction manager.

On June 3, 2024, the City Council adopted City Resolution No. 2024-60 approving the plans and specifications for CIP 301-678 and authorizing the call for bids.

6.4 6.4 Staff Report

23 7
8 0
On September 3, 2024, the City Council adopted City Resolution No. 2024-92, awarding a construction contract to BHM for a total contract amount of $44,626,000.

Prior to the building demolition, all power to the site was disconnected.

ANALYSIS
BHM is well into construction on the Project. BHM, Group 4 and Griffin developed a permanent power plan for the new building and surrounding components. Coordination with PG&E is required to provide the necessary facilities to bring permanent power to the site. PG&E has reviewed the plans and provided the attached agreement (Attachment 2) which includes their costs to perform the work to bring permanent power to the site and sets forth the payment plan for PG&E’s future billings.

Attachment 2 includes four (4) different payment options. Since the future building will be an all-electric building, the City is only considering the first two options. The remaining options only apply to buildings with gas service.

Option #1 - “10-Years Refundable Advance Option Gas and Electric” This option requires the City to pay the full project cost of $177,949.28 upfront. Every year PG&E reviews the City’s usage and compares it to the City’s “allowance” amount.

If the City is above the allowance amount PG&E will send the City a refund for the amount above its allowance, up to the total refundable contract amount ($177,949.28).

However, if the City’s usage is below the “allowance” amount, PG&E will send the City a deficiency bill requesting payment for the amount the City fell under the allowance. •Pros: If the City’s power usage is regularly above the allowance amount, it could eventually receive up to $177,949.28 in refunds automatically for the first three (3) years. The City is eligible for refunds in years 4-10 if it requests reviews from PG&E annually.
•Cons: The City must pay the full project cost up front. If the City’s power usage is regularly below the allowance, it will have to pay the difference every year (deficiency bill) even if its usage is low, reducing incentives to conserve energy.

It is the City’s responsibility in years 4-10 to request a review to be considered for future refunds, it is not automatic.

Option #2 - “Non-Refundable 50 Percent Discount for Gas and Electric” This option allows the City to take the upfront discount and pay 50 percent of the total project costs, which are $88,633.15. Under this option, PG&E reviews the City’s usage in years 1 and 2, and sends a letter informing the City whether it is above or below its “allowance”. In year 3, PG&E takes the City’s average annual costs and compares it to the City’s annual allowance. If the City’s power usage meets or exceeds the allowance, then the review is done, and the 50 percent deferred payment has been covered by the

6.4 6.4 Staff Report

24 7
8 0
City’s energy usage. However, if the City’s average usage is below its allowance, then PG&E sends the City a bill for 50% of the shortfall from the allowance (deficiency bill). •Pros: The City’s upfront capital expenditure is 50% of total project costs. If a deficiency bill is triggered, the City only pays 50% of the deficiency. PG&E costs will likely increase over time. Even with conservation efforts, the City may exceed its allowance. This option caps the City’s spending. •Cons: The City gives up the potential refunds that could have been obtained through Option #1.

Staff performed an analysis comparing the recent annual energy usage from the Recreation Center, the anticipated usage calculated by the Design Team for the new building, and the annual allowance in amount of $34,395.19 set by PG&E.

Staff recommend the second option as the most financially prudent option because it reduces up-front project costs by nearly $90,000. Any potential refunds under the first option are unlikely to exceed the up-front savings1. If the City’s energy usage is below the annual allowance of $34,395.19 after averaging the first three years’ usage, the City would pay 50 percent of the deficiency.

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

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

On February 20, 2024, the CEQA addendum was adopted to the IS/MND for the Recreation Center Rebuild Project.
1 The previous Recreation Center’s annual PG&E bill was approximately $60,000. Due to the new building having solar panels, it is expected that the new annual bill will be approximately $21,000, however this does not include the potential cost of electric vehicle charging.

6.4 6.4 Staff Report

25 7
8 0

FISCAL IMPACT
The Project (CIP 301-678) has an approved budget of $61,034,770, which includes sufficient funding to pay for the fees and work performed by PG&E. These costs have been accounted for in the overall Project budget and were anticipated by the Project team.

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

Attachment 1 – Resolution
Attachment 2 – PG&E Gas and Electric Extension Agreement

6.4 6.4 Staff Report

26 3
3 4
2 RESOLUTION NO. ___________

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PACIFIC GAS AND ELECTRIC (PG&E) IN THE AMOUNT OF $88,633.15 FOR THE PROVISION

OF PERMANENT POWER FOR THE RECREATION CENTER REBUILD PROJECT (CIP 301-678) (CEQA STATUS: ADOPTED INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION (SCH # 20231009)

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

WHEREAS, on November 16, 2023, the City Planning Commission adopted the IS/MND and approved the Use Permit for the Project. Pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15164(b), the City prepared an Addendum to the adopted IS/MND to address minor Project modifications due to the temporary installation of three modular classroom buildings and a restroom trailer on or near the existing tennis courts at Leo Ryan Park during the anticipated 22-month construction period, which will be removed upon completion. None of the conditions described in CEQA Guidelines section 15162 are met as there are no substantial changes to the Project or new information of substantial importance; and

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

WHEREAS, total funding in the amount of $61,034,770 is approved in the project budget for CIP 301-678; and
WHEREAS, the future building will require the installation of new facilities from PG&E for permanent power; and

6.4 Attachment 1- Resolution

27 3
3 4
2 WHEREAS, PG&E has provided the permanent power gas and electric extension agreement for performing the work; and
WHEREAS, staff recommend proceeding with the payment option titled non- refundable 50 percent discount option for gas and electricity in the amount of $88,633.15.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the City Manager to execute an agreement with Pacific Gas and Electric in the amount of $88,633.15 for the provision of permanent power of the Recreation Center Rebuild Project (CIP 301-678).

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

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 2nd day of June 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.4 Attachment 1- Resolution

28 128466864
December 24, 2024
Customer Payment
Coupon
References
Notification # 128466864
Contract # 50115291 V1
E15-PM # 35596775
E16-PM # 35596775
E-Prior MLX/PM # 264586
Customer # 4529160
City of Foster City
610 Foster City Boulevard
FOSTER CITY, CA 94404
Customer Payment Summary
650 SHELL BOULEVARD, FOSTER CITY
Please pay the Total Due based upon the payment option(s) you selected on page two of the enclosed Gas and Electric Extension Agreement.

Payment Options Subtotal Total Due
10-Year Refundable Advance Option Gas and Electric $180,949.28 $177,949.28 Non-Refundable 50 percent Discount Option for Gas and
Electric
$91,633.15 $88,633.15
10-Year Refundable Advance Option for Gas and
Non-Refundable 50 percent Discount Option for Electric
$91,633.15 $88,633.15
Non-Refundable 50 percent Discount Option for Gas and
10-Year Refundable Advance Option for Electric
$180,949.28 $177,949.28
The Total Due for each payment option above includes:

Advance Credit ($3,000.00)
Important Payment Information
To complete your contract ONLINE
Follow the instructions provided with your electronic contract Submit payment at https://www.pge.com/contractpayments
To complete your contract BY MAIL
Please make check payable to: PG&E or Pacific Gas and Electric Complete, sign and return the enclosed agreement(s), the SACAC form and the customer payment coupon with your payment
Remit payment and SACAC form to:

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

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

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

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

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

6.4 Attachment 2 - PG&E Gas and Electric Extension Agreement

29 Gas and Electric
Extension Agreement*
* Automated document,
Preliminary Statement, Part A
"PG&E" refers to Pacific Gas and Electric Company, a subsidiary of PG&E Corporation. ©2015 Pacific Gas and Electric Company. All rights reserved.

Form 79-1169
Advice 4862-G/7158-E
January 2024Page 1 of 2
128466864
For Internal Use
128466864Notification #
50115291Contract #
35596775E-PM #
G-PM #
264586E-Prior MLX/PM#
G-Prior MLX/PM#
4529160Customer #
1V
December 24, 2024
City of Foster City
610 Foster City Boulevard
FOSTER CITY, CA, 94404 650 SHELL BOULEVARD, FOSTER CITYRe:

Stefan ChatwinDear
We are writing to let you know Pacific Gas and Electric Company (PG&E) will extend its facilities to provide the requested gas and electric service to the project address listed above. PG&E's costs have been developed based on the choices and information provided in your application and may change if you make changes. This letter, including PG&E's tariffs, which are incorporated by reference below, will serve as our contract. As required by the California Public Utilities Commission (CPUC), special facilities will be handled in a separate contract. Per Decision 22-09-026, Residential and Non-residential Customers submitting an application for new gas service on or after July 1, 2023, do not qualify for Allowances, Refunds or Discount Option.

Per Decision 23-12-037, Mixed-Fuel New Constructions project applications received after July 1, 2024, will not qualify for Allowances, Refunds, or Discount Option. For new applications for Gas Service Extension(s) on or after July 1, 2023, and Mixed Fuel New Construction projects after July 1, 2024, Applicants must pay PG&E its total estimated installed cost upon contract execution, in advance of PG&E commencing its work. Upon completion of the work and determination of actual costs, PG&E will provide Applicant with a final invoice or refund to account for a true-up to actual costs. An Applicant's failure to pay a final invoice in a timely manner is a violation of PG&E's Gas Rules 15/16 and may result in discontinuance of service. Non-Residential Customers submitting an application for new gas service on or after July 1, 2023 may qualify for Allowances, Refunds or Discount Option if approved by the CPUC. Please complete the following four steps to execute this contract.

1 Review the following work responsibilities and cost information.

Work To Be
Done By

GAS MAIN GAS SERVICE ELECTRIC DISTRIBUTION ELECTRIC SERVICE Trench Pipe Trench Pipe Trench Substr. Facilities Trench Substr. Facilities

PG&E X X
Customer

GAS ELECTRIC
Total non-refundable project costs $0.00 $2,317.03
Refundable extension costs $0.00 $213,127.43
Allowances (credit) $0.00 - $34,495.18 -
Net refundable amount $0.00 = $178,632.24 =
10 YEAR REFUNDABLE OPTION
Net refundable amount $0.00 $178,632.24
Credit for value of design and/or
facilities provided by applicant
$0.00 - $0.00 -
Total non-refundable project costs $0.00 + $2,317.03 + Total (if you select this option) $0.00 = $180,949.27 = NON-REFUNDABLE 50% DISCOUNT OPTION
Net refundable amount $0.00 $178,632.24
Discount: 50% of Net refundable amount $0.00 - $89,316.12 - Credit for value of design and/or
facilities provided by applicant
$0.00 - $0.00 -
Total non-refundable project costs $0.00 + $2,317.03 + Total (if you select this option) $0.00 = $91,633.15 = Potential refund per residential lot/unit $0.00 $0.00 Potential reimbursement per service completion
Pressurized or energized system $0.00 $0.00
Not pressurized or energized system $0.00 $0.00
Reimbursement for other work
performed $0.00 $0.00
All amounts include the Income Tax Component of Contribution (ITCC) PG&E is required to charge customers, where applicable.

DEFINITIONS AND EXPLANATION OF TERMS
(For more detail see rules 15 and 16):

Total non-refundable project costs include costs for
work such as electric trench and excavation, conduits,
inspections, streetlights, conversion from overhead to
underground and contract processing.

Refundable extension costs include costs for facilities such as electric conductor, transformers and poles; gas pipe, gas share of distribution trench and regulators;
and meters.

Allowances are a credit against refundable extension
costs. They are based upon the number of residential
units expected to be connected within the first six
months and the expected annual non-residential net
(distribution) revenue from your project.

Allowances granted under either option are subject to
deficiency billing if the number of residential units
connected or the annual non-residential net revenue
falls below the forecast used to calculate the
allowances.

Net refundable amount is the portion of overall costs
eligible for refund to you based upon additional
residential meters being set or upon increases in non-
residential annual net (distribution) revenue. A cost-of- ownership charge is assessed against the Net
refundable amount (except for individual residential
applicants) per Rule 15.

Potential refund per residential lot/unit is for those
lots/units for which you did not already receive an
allowance (i.e., units not expected to be connected in
the first six months). Any refunds may be decreased or
eliminated by cost-of-ownership charges assessed
under the provisions of Rule 15.

Potential reimbursement per service completion is
the amount to which a customer may be entitled for
performing certain service connection work PG&E
would otherwise perform when installing service
extensions and are not to be confused with refunds.

Reimbursement for other work performed is
the amount to which a customer may be entitled
for performing certain work (other than service
completions) that normally is PG&E's responsibility.

6.4 Attachment 2 - PG&E Gas and Electric Extension Agreement

30 Gas and Electric
Extension Agreement*
* Automated document,
Preliminary Statement, Part A
"PG&E" refers to Pacific Gas and Electric Company, a subsidiary of PG&E Corporation. ©2015 Pacific Gas and Electric Company. All rights reserved.

Form 79-1169
Advice 4862-G/7158-E
January 2024Page 2 of 2
128466864
2 Select one of the following payment options.
#opt1#
10-Year Refundable Option for Gas and Electric
#opt2#
Non-Refundable 50 Percent Discount Option for Gas
and Electric
#opt3#
10-Year Refundable Option for Gas and Non-
Refundable 50 Percent Discount Option for Electric
#opt4#
Non-Refundable 50 Percent Discount Option for
Gas and 10-Year Refundable Option for Electric
Gas
$0.00
$0.00
$0.00
$0.00
+
+
+
+
Electric
$180,949.28
$91,633.15
$91,633.15
$180,949.28
-
-
-
-
Advance

SEE PMT CPN

SEE PMT CPN
=
=
=
=
Total Due
$180,949.28
$91,633.15
$91,633.15
$180,949.28
3 Review these important terms and conditions.

This Gas and Electric Extension Agreement is controlled by, and incorporates by reference, PG&E's tariffs, including Gas and Electric rules 2, 15, and 16; the Distribution and Service Extension Agreement-Provisions (Form 62-0982) and the General Terms & Conditions for Gas and Electric Extension & Service Construction by Applicant (Form 79-716), all as approved and authorized by the CPUC. This agreement at all times shall be subject to such modifications as the CPUC may direct from time to time in the exercise of its jurisdiction.

You can view PG&E's tariffs online at pge.com/tariffs or contact the PG&E representative listed below. Additional details underlying the amounts shown in this agreement, as well as the calculation of allowances, refunds or deficiency bills can also be provided by your local PG&E representative. 4 After completing steps 1, 2 and 3 and having checked one, but only one, of the four payment options above, please complete and return the following items to PG&E.

Sign and return this contract as indicated below.

Submit the Payment Coupon with Total Due based on your option selected.

Sign and return the enclosed Statement of Applicant's Contract Anticipated Costs (SACAC) [Form 79-1003] (explanation in box to the right).

Please provide your payment and required forms within 90 days from December 24, 2024. PG&E is not bound by the costs set forth above if payment and the signed forms are not received by PG&E within 90 days.

If you have any questions, please contact Scott Lee
at 650-730-3696 or by email at [email protected].

ADDITIONAL INFORMATION
What is the SACAC form
Under PG&E's rules 15 and 16 you have a choice:you can
perform the work yourself, hire a qualified contractor to perform the work or hire PG&E to do the work. We are
required by the CPUC to provide you with PG&E's costs.

This form identifies our cost for the refundable service that is PG&E's responsibility to install. PG&E's costs were
developed based on your choices within the application and may change if you change that choice.

How do I fill out the SACAC?
If you want to do this work yourself or have a qualified contractor do this work, please enter your estimated costs in the section of the SACAC form entitled "Applicant Costs" or check the box in the section entitled "Applicant's Election Not To Provide Costs," sign and return to PG&E. PG&E will send you a revised agreement by return mail only if you choose to provide your estimated costs.

If you want PG&E to do this work, please check the section "Applicant's Election Not to Provide Costs," sign and return the SACAC form along with a check for the Total Due
based on the option you selected above.

You must return the completed SACAC form to PG&E
regardless of who you choose to do the work.

Please follow payment instructions
found on your Payment Coupon.

I,__________________________________ (Applicant), hereby attest and certify that this project does not meet the definition of Mixed- Fuel New Construction as described in PG&E Gas and Electric Rules 1 and 15, provided below:

MIXED-FUEL NEW CONSTRUCTION: A new end-use load or consistent with the definition of New Construction in the CEC 2022 Building Energy Efficiency Standards, a building that has never been used or occupied for any purpose, or any renovation where 50 percent or more of the exterior weight bearing walls are removed, that uses gas and/or propane in addition to electricity.

Pacific Gas and Electric Company
This contract has been reviewed and approved by:

Jay Min
Service Planning Supervisor
Customer
Agreed and accepted by:

City of Foster City, A GOVERNMENT AGENCY
Authorized Signatory Stefan Chatwin
Title City Manager
Signature #sigMLX#
Date #sigDateMLX#
#titleMLX#
#Form 79-1169#

6.4 Attachment 2 - PG&E Gas and Electric Extension Agreement

31 128466864

STATEMENT OF APPLICANT'S CONTRACT
ANTICIPATED COSTS.*
Foster City Recreation CenterProject Name:
650 SHELL BOULEVARD, FOSTER CITYProject Location:
128466864Notification Number:

PM Number(s): (Gas) 35596775(Electric)

APPLICANT COSTS

The following statement must only include the contracted anticipated installed costs of facilities installed by the Applicant that are refundable and that are PG&E's responsibility under its tariffs.

The costs provided by the Applicant must be taken from the Applicant's contract with its contractor. If the Applicant will be performing the work itself, the Applicant must also complete and sign this form.

The Applicant's statement of costs will be compared with PG&E's estimated installed costs of the same facilities, the lower of which will be used to determine the amount subject to allowances and refunds in accordance with the provisions of PG&E's Gas and Electric Rules 15 and 16.

If the Applicant chooses not to provide its costs, it must complete the last section of this form. Until the Applicant either provides the refundable cost from its contract with its contractor (or its own cost, if applicable), or returns this form indicating that it will not do so, PG&E will not proceed with any work on the Applicant's project.

· Applicant's statement of costs include: overhead or underground service conductors,poles, service transformers, connection fittings, service pipe, valves, service connections,and other PG&E-owned service equipment, as detailed in Gas and Electric Rule 16.

· Applicant's statement of costs DOES NOT include: inspection fees, nonresidential service costs, regulators, or PG&E-owned metering equipment.

Form 79-1003
Advice 4350-G/6050-E
February 2021
†Information collected on this form is used in accordance with PG&E's privacy policy. The privacy policy is available at pge.com/privacy Automated document, Preliminary Statement, Part A

Page 1 of 2 ends

GAS ELECTRIC
Residential Service Facilities: Residential Service Facilities:
#applicantCostGas#Applicant: $ #applicantCostElec#Applicant: $ $0.00 PG&E: $0.00 PG&E:
0Number of gas service: 0Stubs: 0Number of Electric service:
#Form 79-1003#
December 24, 2024
* This form at all times shall be subject to such modifications as the California Public Utilities Commission May direct form time to time in the exercise of its jurisdiction.

6.4 Attachment 2 - PG&E Gas and Electric Extension Agreement

32 128466864

GAS ELECTRIC
Gas Distribution Facilities
and Non-Residential Service Services:

Electric Distribution Facilities
and Non-Residential Service Services:
#gasDistFacilities#Applicant: $ #elecDistFacilities#Applicant: $ $0.00 PG&E: $55,145.02 PG&E:

GAS DISTRIBUTION TRENCH
#gasDistTrench#Applicant: $
$0.00 PG&E:
· Applicant's statement of costs include: overhead or underground service conductors,poles, service transformers, connection fittings, service pipe, valves, service connections,and other PG&E-owned service equipment, as detailed in Gas and Electric Rule 16.

· Applicant's statement of costs DOES NOT include: inspection fees, nonresidential service costs, regulators, or PG&E-owned metering equipment.

I declare under penalty of perjury that the foregoing is true and correct.

APPLICANT'S ELECTION NOT TO PROVIDE COSTS: (if this option selected, box must be checked) I choose not to provide to the utility my refundable costs for this project as taken from my contract with my contractor, or as performed by myself, and acknowledge that PG&E will use its estimate of the refundable costs for this project in the contract between it and me. #signDateSACAC#Executed on at
(Date) (City)
By:

City of Foster City, A GOVERNMENT AGENCYPrint Applicant Name:
#sigSACAC#Signed:

City ManagerTitle:
#titleSACAC#

Page 2 of 2 ends

#applicantSACAC#
Stefan Chatwin

6.4 Attachment 2 - PG&E Gas and Electric Extension Agreement

33 Cost Breakdown
1Total number of combined meters:
1Total number of non-residential lots/units for this project:
0Total number of residential lots/units for this project:

Cost of Services:
$0.00 Engineering & Administrative Costs
Inspection Fees $0.00 (+)
Others (N/A) $0.00 (+)
Electric Metering $0.00 (+)
Service Tie-In Cost (Energized) by PG&E $0.00 (+)
Including Applicant Design Value of $0.00
$0.00 (+)Service Cost - Applicant installed 0# Services $0.00 (+)0# ServicesService Cost - PG&E installed
$0.00 (=)Total Estimated Cost of Service Subject to Allowance Cost of Service Within Allowance:
less Total Residential Service Allowance
(not to exceed Total Estimated Cost of Service Subject to Allowance) Excess Service Cost
Estimated Service Cost Within Allowance (Total less Excess) Average Cost per Lot or Unit Within Allowance
Excess Service Allowance Applied to Distribution Line Extension Refundable Amount per Lot or Unit:

Applicant: Stefan Chatwin
Project Location/Name 650 SHELL BOULEVARD, FOSTER CITY
$0.00 0X $0.00 (-)=
$0.00 =0/ $0.00
$0.00 (=)
$0.00 (=)
$0.00
Allowance
- $0.00
Ave. Cost / Unit
$0.00 =
Service Tie-in Cost by Applicant $0.00 (+)
**
Including Net Joint Pole Credit Value of $0.00

Page 1 of 4000128466864 ends

December 24, 2024
Pacific Gas and Electric Company
Detailed Cost Sheet - Electric Distribution
and Service Extension Costs
References
Notification # 128466864
Contract # 50115291 V1
E15-PM # 35596775
E16-PM # 35596775
E-Prior MLX/PM # 264586
Customer # 4529160

6.4 Attachment 2 - PG&E Gas and Electric Extension Agreement

34 000128466864 Page 2 of 4
Allowances
Residential:

Amount Subject to Refund
$13,916.21Engineering & Administrative Costs
Including Applicant Design Value of $0.00
Tie-In of Distribution by PG&E $99,891.05 (+)
Electric Metering (Non-Residential Projects) $2,623.97 (+) Other Taxable charges ( N/A )
PG&E installed - Cost of Distribution Line and Non-Res Svcs.

Applicant installed - Cost of Distribution Line and Non-Res Svcs. $0.00 (+) $171,876.96 (=)
$0.00(+)Inspection Fees

SUB TOTAL
Total Refundable Amount $213,127.43 (+)
$0.00(+)
$55,145.02 (+)
$41,250.47 (+)24%plus ITCC @
$34,495.19 (-)Less Total Allowances (not to exceed Total Refundable Amount) $178,632.24 Balance: Net Refundable Amount
10 Year Refundable Advance Option
Balance: Net Refundable Amount $178,632.24
$0.00Less Credit for Value of Applicant Design Work
Less Cost of Dist. Line Ext. and Non-Res Svcs. installed by Applicant Less Distribution Substructures by Applicant
Net 10 Year Refundable Advance Option Amount
Non-Refundable Discount Option
Balance: Net Refundable Amount
Less Credit for Value of Applicant Design Work
Less Cost of Dist. Line Ext. and Non-Res Svcs. installed by Applicant Less Distribution Substructures by Applicant
Net Non-Refundable Discount Option Amount
$0.00
$0.00
$0.00
$178,632.24
$178,632.24
$0.00
$0.00
$89,316.12
$0.00
Allowance
X 0
Lots / Units
$0.00 =
24%plus ITCC @ Residential Allowances $0.00 (+)
SUB TOTAL Residential Allowances $0.00 (=)
Non-Residential: $4,106.04
Net Annual Revenue
/ 0.1476
Cost-of-Service-Factor
$27,818.69 =
24%plus ITCC @ Non-Residential Allowances $6,676.48 (+) SUB TOTAL Non-Residential Allowances $34,495.18 (=)
less Residential Service Allowance:
( 0
Lots/Units
X $0.00
Ave. Cost / Unit
) + 24%
ITCC
$0.00 =
Total Distribution Line Extension Allowance $34,495.18 (=) less Discount $178,632.24
Balance
X 0.50
Discount Rate
= $89,316.12 (-)
$300.71 (+)Value of Distribution Substructures
Including Net Joint Pole Credit Value of $0.00
$0.00(-)Less Non-Residential Service Costs not Qualified for Refunds $0.00(-)Less Distribution Extension Costs not Qualified for Refunds

6.4 Attachment 2 - PG&E Gas and Electric Extension Agreement

35 Non-Refundable Payments
Rule 16 Non-Refundable Payments

Page 3 of 4 ends

$0.00 (+)
$0.00
Service Costs Beyond Preferred Service Location
Excess Service Costs
$0.00 (+)Service Riser
Value of Service Trench, Conduits & Substructures in the Franchise Area or on 3rd Party Property
$0.00 (+)
$0.00 (+)Value of Rule 16 Land Rights Costs
$0.00 (+)
$0.00 (+)Cost of Additional Rule 16 Applicant Design Plan Checks Other Taxable Charges: N/A
$0.00 (+)
$1,146.80 (+)
Rule 16 Trench Permits Obtained by PG&E
Inspection Fees
$0.00(+)Plus Service Trench, Conduits, & Substructures installed by PG&E on Private Property
Inspection Fees (not subject to ITCC) $0.00(+)
$275.00 (+)1 unit(s)Non-Residential Per Meter Charge
Residential Per Meter Charge = 0 unit(s) $0.00(+)
$0.00 (+)Other Non-taxable Charges:
24%Plus ITCC @ $275.23 (+)
Total Rule 16 Non-Refundable Amount $1,697.03 (=)
Less Service Trench in the Franchise Area or
on & 3rd Party Property installed by Applicant
$0.00(-)Less Rule 16 Applicant Design Work Associated with Excess $1,146.80 (=)SUB TOTAL
000128466864
Inspection Fees $0.00 (+)
Re-estimating/Composite Preparation $0.00 (+)
Cost of Additional Applicant Design Plan Checks $0.00 (+) Value of Distribution Conduits $0.00 (+)
Distribution Risers Installed by PG&E $0.00 (+)
Value of Distribution Trench $0.00 (+)
PG&E Land Rights Costs $0.00 (+)
Rule 15 Trench Permits Obtained by PG&E $500.00 (+)
Other $0.00 (+)
SUB TOTAL $500.00 (=)
24%Plus ITCC @ $120.00 (+)
Other Non-taxable Charges $0.00 (+)
SUB TOTAL $620.00 (=)
Less Cost of Distribution Line Extension Installed by Applicant $0.00 (-) Less Distribution Substructures by Applicant $0.00 (-) Less Rule 15 Applicant Design Work $0.00 (-)
Less Distribution Conduits Installed by Applicant $0.00 (-) Less Distribution Trench Provided by Applicant $0.00 (-) Total Non-Refundable Electric Rule 15 Amount $620.00 (=) $0.00(-)
$0.00(-)Less Service Costs Beyond Preferred Location by Applicant $0.00(-)Less Excess Service Facilities Installed by Applicant SUB TOTAL $1,697.03 (=)
$0.00 (+)Non-Residential Service Costs not Qualified for Refunds $0.00 Distribution Extension Costs not Qualified for Refunds Rule 15 Non-Refundable Payments

6.4 Attachment 2 - PG&E Gas and Electric Extension Agreement

36 Relocation/Rearrangement Inspection Fees
Relocation/Rearrangement Trench Permits Obtained by PG&E Value of Relocation Applicant Design Work
Tie-in/Meter of Relocation/Rearrangement by PG&E
Relocation/Rearrangement Land Rights

Page 4 of 4 ends

D.0405055 Line Extension Costs - Non-Residential (PMC Charge) Plus Relocation/Rearrangement - Non Taxable
D.0405055 Line Extension Costs - Residential (PMC Charge)

SUB TOTAL
Relocation / Rearrangement of PG&E Facilities
Actual Cost Billing Forecast(6)
$0.00(+)
$0.00(+)
$0.00(+)
$0.00(+)
$0.00(+)
$0.00(+)
$0.00(+)
0%Plus ITCC @ $0.00(+)
$0.00(=)
$0.00(+)
000128466864
Re-engineering/Comp Prep/Add'l AD Plan Checks $0.00 (+) Value of Relocation/Rearrangement Facilities $0.00
Value of Relocation/Rearrangement Conduits & Substructures $0.00 (+) Value of Relocation/Rearrangement Trench & Excavation $0.00 (+) Engineering & Administrative Costs $0.00 (+)
$0.00 (=)Total Relocation / Rearrangement of PG&E Facilities Amount $0.00(-)Less Relocation/Rearrangement Salvage
$0.00 Including Net Joint Pole Credit Value of
Less Value of Relocation Applicant Design Work $0.00(-) Less Trench & Excavation Provided by Applicant $0.00(-) Less Conduits & Substructures Installed by Applicant $0.00(-) SUB TOTAL $0.00(=)
Less Relocation/Rearrangement Facilities Installed by Applicant $0.00(-) Value of Electric Facility Reinforcements by based upon Applicant's estimated demand of: kVa
(Reference: Payment Adjustments. Excess Facilities section of provisions) $0.00 PG&E:

0.00 (1) Total Service Allowance not to exceed the Cost of Service (2) 10 Year Refundable and Discount Option credit amounts will be paid upon acceptance of facilities. Credit amounts are subject to future deficiency billing in accordance with the tariff. (3) 10 Year Refundable and Discount Option credit amounts do not offset Other Non-Refundable or Relocation Fees. See Reimbursement Summary for a total of Reimbursements and Credits to be paid upon acceptance of facilities. (4) Inspection Fees (Only Refundable if Applicant's Actual Cost is Used. Applicant's Actual Cost + Inspection Cannot Exceed PG&E's Estimate)
(5) The lower of PG&E's estimated costs or the Applicant's Contract Anticipated Costs (as documented on Form 79-1003 "Statement of Contract Anticipated Costs") will be used to establish the cost of Service and Distribution Line Extension subject to Allowance (6) Per CPUC Decision 23-12-037, Actual Cost Billing Forecast is to cover any cost increases due to unforeseen circumstances.

Total Non-Refundable Electric Rule 16 Amount $1,697.03 (+) Total Non-Refundable Electric Rule 15 Amount $620.00 (+) Total Non-Refundable Relocation / Rearrangement Amount $0.00 (+) Total Non-Refundable Costs $2,317.03 (+)
Actual Cost Billing Forecast Fee $0.00 (+)
Total Non-Refundable Payment $2,317.03 (=)
Note: This supplemental detailed cost sheet is for reference only and is not intended for use in place of the actual contract for the project listed.

6.4 Attachment 2 - PG&E Gas and Electric Extension Agreement

37 DATE: June 2, 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: TWO-YEAR AGREEMENT WITH TOLEMI FOR REGISTRY OF

THE BELOW MARKET RATE RENTAL UNITS IN AN AMOUNT
NOT TO EXCEED $37,000

RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution (Attachment 1) authorizing the City Manager to execute a two-year Agreement with Tolemi (Attachment 2) for Registry of the Below Market Rate (BMR) rental units in an amount not to exceed $37,000, authorize the City Manager to execute two one-year extensions in an amount not to exceed $15,000 per year, and finding the approval of the agreement exempt from CEQA pursuant to section 15061(b)(3).

EXECUTIVE SUMMARY
On May 05, 2025, the City Council adopted Ordinance No. 690 approving amendments to Chapter 17.90, Below Market Rate Inclusionary Housing Program, within Title 17, Zoning of Foster City Municipal Code, amending Section 17.90.020, “Definitions,” adding new sections 17.90.130, “Just Cause Evictions” and 17.90.140, “Tenant Relocation Assistance,” 17.90.150, Registry of the Below Market Rate Units, to implement Housing Element Program H-G-2-E Rental Registry.

Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute a two-year Agreement with Tolemi for the Registry of the Below- Market-Rate rental units in an amount not to exceed $37,000, authorize the City Manager

6.5 6.5 Staff Report

38 to execute two one-year extensions in an amount not to exceed $15,000 per year and find approval of the agreement exempt from the CEQA pursuant to section 15061(b)(3).

BACKGROUND
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 Housing Element Programs include the City’s commitment to timeframes for implementation. The Annual Progress Report (APR) to the California Department of Housing and Community Development (HCD), due by April 1 of each year, reports on progress in implementing these Programs.

The Housing Element Programs relevant to this staff report include:

1. H-G-2-e, Rental Registry (HE-111 of adopted 2023-31 Housing Element) Unless a requirement for a State rental registry is adopted, explore a rental registry that tracks information such as rents, utilities, accessibility for disabled persons, tenant occupancy dates, and landlord contact information in order to improve the information available to landlords, tenants, and decision makers.

Responsible Agency: Community Development Department
Timeframe: Report to City Council by December 2024
Funding Source: General Fund
Government Code Section 65400 requires each jurisdiction to prepare an annual progress report (APR) on the jurisdiction’s status and progress in implementing its housing element. Each jurisdiction’s APR must be submitted to HCD and the Governor’s Office of Planning and Research (OPR) by April 1 of each year (covering the previous calendar year. Recently, the City Council approved the City’s Annual General Plan and Housing Element Progress Report on March 17, 2025. HCD also created the Housing Accountability Unit to enforce Housing Elements and ensure that jurisdictions follow through with their Housing Element commitments by implementing their goals, policies, and programs. Implementation of the rental registry for BMR rental units demonstrates the City’s commitment to Policy H-G-2-e of the Housing Element.

City’s Below Market Rate (BMR) program
The Community Development Department (CDD) oversees Affordable Housing programs, including Deed-Restricted Ownership Units, the BMR program, the Existing Unit Purchase Program (EUPP), the HIP Home Sharing Program, and the Housing

6.5 6.5 Staff Report

39 Rehabilitation Loan Program. The BMR program covers all rental and ownership properties subject to an affordable housing deed restriction or agreement that restricts units to extremely low, very low, moderate, or workforce units.

Table 1: Foster City BMR Rental Units
Name of
Development
Total
Properties
BMR
Rentals
Workforce
Rentals
Senior
BMR
Rentals
Total
BMR
Rental
Units
The Plaza 1 60 60
The Triton 1 48 48
100 Grand 1 33 33
Miramar 1 48 48
Marlin Cove 1 84 84
The Pilgrim 1 14 8 22
Alma Point 1 65 65
Metro Center 1 60 60
EUPP
Homes
4 6 6
Total Units 293 8 125 426
It is important to understand what management of BMR program includes. •For rental properties not owned by the City - Annual audits, training BMR property managers, ensuring compliance with regulatory agreements for each property, approval of utility allowances and annual rent and income limits, updating and assisting BMR property managers with interpretation of the BMR Guidelines, updating BMR Guidelines as needed, and addressing inquiries from BMR tenants and members of the public.
•For rental properties owned by the City (all 28 City-owned units are managed by HIP Housing) – In addition to all the above, managing the operating budgets and payment of expenses, managing property management contracts, and applying for and administering grants and notices of funding opportunities. •For owner-occupied BMR units - Monitor annual occupancy requirements and obtain annual occupancy affidavits from homeowners, notify homeowners of regulatory agreement expiration dates, calculate sales price and review sales of properties to other qualified buyers (if applicable), certify incomes of new buyers (if applicable), calculate share of proceeds to the City when and if a sale occurs after the expiration of the BMR agreement; revise the BMR Ownership Guidelines, and address inquiries from homeowners and members of the public.

Annual Audit of BMR Properties

6.5 6.5 Staff Report

40 Each year, BMR property managers of all BMR rental properties (including City-owned BMR rentals) submit reports to the City with data for each tenant, including annual income, rent, size of the unit, household size, utility allowances, and the maximum rent and income for each size of the unit. Reports are due at varying times of the year, depending on the regulatory agreements. During an audit, staff reviews the requirements of the property’s regulatory agreements and reviews the annual report and tenant files to ensure compliance with BMR Guidelines and regulatory agreements for each property.

During an audit, staff completes the following for each property:
•Verifies that the report was submitted by the deadline. •Reviews the report against annual maximum income and rent limits. •Verifies that the correct utility allowances were used. •Reviews tenant files to ensure that incomes were calculated correctly, files contain required application, lease, and income certification documentation, and that files match the annual report. Staff generally selects a percentage of files from each affordability category and size of unit as well as recent move-in files. •Reviews the properties income certification procedures, manuals, and forms.

Since 2009, the City has contracted with Housing Compliance Services for a license agreement to use software for monitoring BMR units called FOCUS. The software is used by public agencies and developers to monitor BMR units and ensure compliance of income limits and rental rates with local, state, and/or federal BMR programs. Over the years, the number of BMR properties has increased. The City has required property managers of all BMR rental properties to use FOCUS to submit annual reports. BMR property managers enter information into the FOCUS software each year for each unit, including affordability level, rental rate, utility allowance, maximum rent, household size, number of bedrooms, unit number, initial move-in date, household income at move-in, voucher amount, if applicable, whether the unit is occupied or vacant, and income from the latest income certification. The data is entered once per year. The software does not provide reports comparing data from year to year, including turnovers, or rent increases, or comparisons among or between properties as they occur.

October 7, 2024, City Council Study Session
On October 7, 2024, the City Council held a Study Session on the Rental Registry Program. Staff presented the options:

1. Expand the provisions of the existing Compliance software for BMR rental units to include real-time, accurate data, and data and analytics capabilities on vacancies, lease terminations, and rent increases (426 units).

2. Extend the provisions of the existing BMR Compliance software, with additional data collection at the Council’s discretion as listed above in Item (1), to Foster City multi-family rentals of three or more units (approximately 4,700 units) to provide a comprehensive database of rental properties, units, vacancies, and rental rates.

3. Extend the provisions of the existing BMR Compliance software, with additional data collection at the Council’s discretion as listed above in Item (1) to all Foster

6.5 6.5 Staff Report

41 City rental units (approximately 6,000 units) to provide a comprehensive database of rental properties, units, vacancies, and rental rates.

4. Should the selected option by the City Council be encouraged on a voluntary basis or established as a mandate? Any such mandate would require the adoption of an Ordinance.

After deliberation, a majority of the City Council, via Minute Order No. 1998, directed staff to establish a mandate to expand the provisions of the existing BMR Compliance software for BMR units to provide additional data collection and analysis (Motion by Councilmember Hindi, seconded by Mayor Sullivan, and carried, 4-1-0, Vice Mayor Jimenez voted “no,” adopting Minute Order No. 1998, see link to Meeting Minutes.) Based on the Council’s direction, staff prepared an Ordinance amending Chapter 17.90, “Below Market Rate Inclusionary Housing Program,” within Title 17, “Zoning,” Section

17.90.020, “Definitions,” adding new sections 17.90.130, “Just Cause Evictions” and

17.90.140, “Tenant Relocation Assistance,” and 17.90.150, Registry of Below Market Rate Units,”.

On May 05, 2025, the City Council adopted Ordinance No. 690 approving amendments to Chapter 17.90, Below Market Rate Inclusionary Housing Program, within Title 17, Zoning of Foster City Municipal Code, amending Section 17.90.020, “Definitions,” adding new sections 17.90.130, “Just Cause Evictions” and 17.90.140, “Tenant Relocation Assistance,” 17.90.150, Registry of the Below Market Rate Units, to implement Housing Element Program H-G-2-E Rental Registry.

ANALYSIS
On August 19, 2024, the City Council adopted City Resolution No. 2024-85 authorizing staff to issue a Request for Proposals (RFP) for rental registry software and professional services to administer the Rental Registry Program. Subsequent to this, City staff issued an RFP with a due date for proposals/responses by September 10, 2024.

The scope of the RFP included two (2) tasks:
• TASK 1: Software system solutions to collect and manage all information submitted.
• TASK 2: Professional services to help administer the Rental Registry Program.

The RFP was advertised in the following ways soliciting responses:

1. Sent to consulting firms via email – August 20, 2024; and

2. Posted on City’s RFP webpage – August 20, 2024.

Staff received four (4) responses to the RFP, including Tolemi, HdL, 3di, and Deckard Technologies.

6.5 6.5 Staff Report

42 Based on the Council’s direction to establish a mandate to expand the provisions of the existing BMR Compliance software for BMR units to provide additional data collection and analysis, staff reached out to the four (4) vendors to revise their proposals to include BMR rental units only. In addition, staff contacted Housing Compliance, the provider of FOCUS, to submit a proposal too. Housing Compliance did not submit a proposal.

Staff reviewed the proposals for completeness, experience with developing rental registries, experience with rental registries in Bay Area cities of a similar size, ongoing support and training, initial cost, and ongoing cost. Proposals ranged from $20,000 to $60,000 for the initial launch and from $15,000 to $31,000 for the annual service and software licensing. Table 1 shows the scores for each proposal.

Table 1, Proposal Scores for Rental Registry Services
Category Total Tolemi HdL
Comp.

Deckard
Tech.
3Di
1 Scope of Work
(1=inadequate, 2=adequate)
2 2 2 2 2
2 Complete Proposal
Quality and completeness of proposal
(1=incomplete, 2 = one or more items not
clear; 3 = complete)
3 3 2 1 3
3 Experience
Related and recent experience of similar
scope and complexity in San Mateo
County, the Bay Area, California (Ranked
1-4)
4 4 2 1 3
4 Outreach and Engagement
Expertise and techniques with outreach and
community engagement (1=digital outreach
excluded; 2=digital outreach included)
2 2 2 2 2
5 Project Team
Expertise and experience of project team
(1= does not meet requirements; 2= meets
requirements)
2 2 2 2 2
6 Timeframe and Budget
(Ranked 1-4)
4 3 4 2 1
7 Creativity to Approach
(1=fair, 2=good; 3=excellent)
3 3 3 3 3
8a Cost to Launch Program
(Ranked 1-4)
4 3 4 2 1
8b Annual Cost to City
(Ranked 1-2; 0=did not provide; tie = same
score)
2 2 2 0 1
9 Agreement/Insurance
Acceptance of City’s Standard Agreement
and Insurance Requirements (1=substantial
changes needed or does not meet
insurance requirements; 2=minor changes;
3=no changes)
3 3 1 3 3
10 Relevance of References
(Ranked 1-4)
4 4 3 1 2
Total 33 31 27 19 23

6.5 6.5 Staff Report

43 Staff selected Tolemi due to their experience developing rental registries in cities of a similar size in the Bay Area and competitive costs, their flexibility in developing a custom program for a small number of units compared to traditional rental registries and a system with BMR compliance features. Tolemi currently works with Half Moon Bay and East Palo Alto in San Mateo County as well as Berkeley and Monterey in the Bay Area.

The attached Agreement with Tolemi (Attachment 2) provides for customizing rental registry software and implementing the registry for all 426 BMR units. The software costs $7,000 to launch the program, and $15,000 annually thereafter. The agreement is for two (2) years, for a total of $37,000 (which includes startup costs of $7,000).

Staff is also requesting the Council to authorize the City Manager to administratively approve two one-year extensions in an amount not to exceed $15,000 per year. Although the contract with Tolemi will include a termination clause, if the City were to choose to end their contract with Tolemi and move to another software provider, the City could do so with proper notice and lead time to transfer the database.

Development and implementation of the software will begin in June 2025 with full implementation, training, and initial data entry over the summer of 2025.

CEQA
The proposed actions would not result in physical changes to the environment and would be exempt pursuant to CEQA Guidelines Section 15061(b)(3).

FISCAL IMPACT
The current fiscal year 2024-25 and proposed fiscal year 2025-26 budgets have sufficient funding available for rental registry program in the Community Development Department budget and, 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 – Professional Services Agreement
Attachment 3 – RFP Scoring Sheet

6.5 6.5 Staff Report

44 RESOLUTION NO._______

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR AGREEMENT

WITH TOLEMI FOR REGISTRY OF THE BELOW MARKET RATE RENTAL UNITS IN AN AMOUNT NOT TO EXCEED $37,000, AUTHORIZE THE CITY MANAGER TO EXECUTE TWO ONE-YEAR EXTENSIONS IN AN AMOUNT NOT TO EXCEED $15,000 PER YEAR; AND FINDING APPROVAL OF THE AGREEMENT EXEMPT FROM THE CEQA PURSUANT TO SECTION 15061(B)(3)

CITY OF FOSTER CITY
WHEREAS, the Housing Element is an integral part of the Foster City General Plan that identifies the community’s housing needs, states the community’s goals and objectives regarding housing production, rehabilitation, preservation, and conservation to meet those needs, and defines the policies and programs; and WHEREAS, the Housing Element Programs include the City’s commitment to timeframes for implementation. The Annual Progress Report (APR) to the California Department of Housing and Community Development (HCD), due by April 1 of each year, reports on progress in implementing these Programs; and WHEREAS, implementation of the rental registry for Below Market Rate (BMR) units demonstrates the City’s commitment to Policy H-G-2-e, Rental Registry, of the Housing Element; and
WHEREAS, on May 05, 2025, the City Council adopted Ordinance No. 690 approving amendments to Chapter 17.90, Below Market Rate Inclusionary Housing Program, within Title 17, Zoning of Foster City Municipal Code, amending Section

17.90.020, “Definitions,” adding new sections 17.90.130, “Just Cause Evictions” and

17.90.140, “Tenant Relocation Assistance,” 17.90.150, Registry of the Below Market Rate Units, to implement Housing Element Program H-G-2-E Rental Registry; and WHEREAS, on August 19, 2024, the City Council adopted City Resolution No. 2024-85 authorizing staff to issue a Request for Proposals (RFP) for rental registry software and professional services to administer the Rental Registry Program and subsequent to this, City staff issued an RFP with a due date for proposals/responses by September 10, 2024; and
WHEREAS, staff received four (4) responses to the RFP, including Tolemi, HdL, 3di, and Deckard Technologies; and
WHEREAS, after the City Council’s direction to establish a mandate to expand the provisions of the existing BMR Compliance software for BMR units to provide additional data collection and analysis, staff reached out to the four (4) vendors to revise their proposals to include BMR rental units only; and

6.5 Attachment 1 - Resolution

45 3
4 0
4 WHEREAS, staff reviewed the proposals for completeness, experience with developing rental registries, experience with rental registries in Bay Area cities of a similar size, ongoing support and training, initial cost, and ongoing cost; and WHEREAS, staff selected Tolemi due to their experience developing rental registries in cities of a similar size in the Bay Area and competitive costs, their flexibility in developing a custom program for a small number of units compared to traditional rental registries and a system with BMR compliance features, and their experience with cities in the Bay Area of a similar size; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City that the proposed actions would not result in physical changes to the environment and would be exempt pursuant to CEQA Guidelines Section 15061(b)(3).

BE IT FURTHER RESOLVED, the City Council does hereby authorize the City Manager to execute a two-year Agreement with Tolemi for Registry of the Below Market Rate rental units in an amount not to exceed $37,000.

BE IT FURTHER RESOLVED, the City Council hereby authorizes the City Manager to execute two one-year extensions, if such extensions are desired, in an amount not to exceed $15,000 per year.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 2nd day of June 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

STACY JIMENEZ, MAYOR
ATTEST:
_________________________________

PRISCILLA SCHAUS, CITY CLERK

6.5 Attachment 1 - Resolution

46 1
4906-7685-9207 v1

PROFESSIONAL SERVICES AGREEMENT
FOR
COMMUNITY DEVELOPMENT DEPARTMENT’S

REGISTRATION OF BELOW MARKET RATE RENTAL UNITS
This Agreement is made and entered into as of the 3 rd Day of June, 2025 by and between the City of Foster City hereinafter called "CITY" and TOLEMI hereinafter called "CONSULTANT".

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

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

TERMS AND CONDITIONS

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

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

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

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire two years following execution of this Agreement. (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

6.5 Attachment 2 - Professional Services Agreement

47 2
4906-7685-9207 v1
ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense.

CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement. (e) This Agreement term may be extended for two additional terms one year by the City Manager, in his sole discretion, unless terminated by either party with ten (10) days’ written notice.

3. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s fees as stated in Attachment B.

A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum THIRTY-EIGHT THOUSAND DOLLARS ($37,000). Invoices for amounts in excess of THIRTY-SEVEN THOUSAND DOLLARS ($37,000) 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 annual 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 and billing shall be submitted within sixty (60) days of completion of service. 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.

6.5 Attachment 2 - Professional Services Agreement

48 3
4906-7685-9207 v1
CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

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.

6.5 Attachment 2 - Professional Services Agreement

49 4
4906-7685-9207 v1
CONSULTANT represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Schedule established in Exhibit A and within the times specified for each individual Project.

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

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

8. Documents. All documents, data, reports, records, plans, notes, drawings, renderings, and/or other papers, or copies thereof (“Documents”), as finally rendered, whether prepared by CONSULTANT or received by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY. CITY shall have the sole right to use such Documents in its discretion.

CONSULTANT shall, at CONSULTANT’S expense, provide such Documents to CITY upon written request. At all times, including after the termination or expiration of this Agreement, CONSULTANT agrees that all Documents are confidential and shall be maintained in a manner to preserve their confidential nature. Release of any Documents to third parties shall only be made upon written consent of CITY. CONSULTANT agrees not to sell or otherwise furnish Documents to any third parties.

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.

6.5 Attachment 2 - Professional Services Agreement

50 5
4906-7685-9207 v1
CONSULTANT shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY’s responsibility.

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

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

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

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

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

6.5 Attachment 2 - Professional Services Agreement

51 6
4906-7685-9207 v1
The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.

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

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

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

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

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

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

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

6.5 Attachment 2 - Professional Services Agreement

52 7
4906-7685-9207 v1
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: Sofia Mangalam
Community Development Director
Email: [email protected]
Tel. 650-283-3239
CONSULTANT: Tolemi
295 Devonshire Street, 4th Floor
Boston, MA 92019
Malcolm Marhsall
Account Representative
Email: [email protected]
(614) 350-3003

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

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

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

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

6.5 Attachment 2 - Professional Services Agreement

53 8
4906-7685-9207 v1
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,
Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY. The acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that CONSULTANT accepts full

6.5 Attachment 2 - Professional Services Agreement

54 9
4906-7685-9207 v1
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.

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

6.5 Attachment 2 - Professional Services Agreement

55 10
4906-7685-9207 v1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF FOSTER CITY
Dated: _________________________________ Stefan Chatwin, City Manager
(for contracts less than $50,000)
Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

Dan Marconi, Vice President of Sales
Tolemi
781-208-8444
[email protected]

6.5 Attachment 2 - Professional Services Agreement

56 11
4906-7685-9207 v1

EXHIBIT A

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

DELIVERABLES FOR

CITY OF FOSTER CITY BELOW MARKET RATE HOUSING

SOFTWARE SERVICES FOR REGISTRATION OF BMR UNITS

SERVICES TO BE PROVIDED
This Exhibit A attached to, and made a part of and incorporated by reference to the Agreement dated June 3, 2025 by and between TOLEMI, hereinafter referred to as "CONSULTANT" and the City of Foster City, hereinafter referred to as "CITY" providing for professional services.

Please see Tolemi’s Proposal for additional details

1.Description of the Project:

Development and implementation of a software system for registration of City of Foster City’s 426 current below market rate rental units, and future below market rate rental units through Tolemi’s Slate software, as provided in the applicant’s proposal and outlined below.

Tolemi will implement its commercial off-the-shelf (COTS) rental registration and licensing software (Slate) to meet the requirements defined in the City’s RFP. The Tolemi platform will enable the City to:
oProvide an online portal for BMR landlords to register and manage their properties oProvide a backend system for staff to manage the process, build reports, and assist those that cannot register online
oProvide the ability to publish data to the public including data that is housed in other City systems
oCollect and validate data from landlords
oAutomate and log communications via email and physical direct mail using the users preferred language (English and Spanish)
oAutomate decision points based on underlying data
oIntegrate the software with other city systems as applicable oProvide a single point of entry for support including bilingual support oEnforce compliance through rental identification and proactive outreach to new owners oProvide staff with the ability to build reporting on an ad hoc basis and for them to access prebuilt reports
oPublish data to the tenants, landlords, and/or the public as a whole oProvide measures for confidentiality of sensitive tenant-related information Data to be collected through the registration software includes: property information (address, number of units, date of construction, property owner and property manager contact information, BMR unit information (affordability designation, size of unit, accessibility information), BMR tenant information (name, move in date, household size), income certification information (date of last certification, household income, income limit), rent information (rental rate, utility allowance), information on rent increases, vacancies, notices, evictions; and other information as requested by the City.

6.5 Attachment 2 - Professional Services Agreement

57 12
4906-7685-9207 v1
About Slate
Slate is an end-to-end workflow tool that will facilitate and automate all rental registration processes for the City, landlords, property managers and the public. The Slate application includes a public-facing portal, a secure database and reporting tools.

Slate will allow landlords to transmit required registration information, submit payment, if applicable, schedule inspections (if required), track progress/status of applications, upload documentation and manage outstanding tasks to remain compliant with the City’s rental regulation ordinance. The system is online and accessible via mobile devices, with user-friendly features such as address validation, bulk upload of property portfolios, and automated email alerts for required, upcoming, and overdue tasks.

Landlords can access City staff availability to schedule inspections, if required, communicate directly with City staff by replying to system-generated emails (without needed to log into the system), and manage property portfolio compliance through an intuitive dashboard that centralizes all required, upcoming, and overdue tasks.

Slate is both COTS and fully customizable to the City’s business processes through low/no-code configuration that allows it to meet the City’s current and future requirements. The implementation of Slate includes in-depth consultation and business process mapping led by Tolemi experts, who will assist in defining the required rules and protocols and harnessing workflow automation features to maximize efficiency & efficacy in the administration of rental oversight. The solution can be configured to the City’s specifications to allow for the management of tasks, stage-gate processes, and communications across multiple workflows. City-defined business rules and integrated data from other City systems can govern stage advance, assignment, and flags within the workflow. These features include, but are not limited to:
•Automated task assignment and due dates when specific criteria are met •Automated alerts via email and in-app notifications when outstanding and overdue tasks are due
•User-driven email prompts and in-app alerts to allow managers to alert End Users of outstanding and upcoming tasks
•Customizable User-defined alerts for upcoming and overdue tasks, including batched task updates daily / weekly
•Conditional and branching logic for workflows, including advancing projects and workflows based on data inputs, task fulfillment, and data integrated from other City systems of record •Validated field and drop-down data entry to prevent erroneous data input •Automated document generation (e.g. registrations, rejection letters) when certain criteria are met, with automated or user-defined field inputs
•System-generated emails to Landlords and other external parties •Tracking of all external and internal communications (including replies to system-generated emails) tied to specific registration / licensing workflows •Task tracking and sorting based on various filters (e.g. assignee, due date, days overdue, workflow)
•Customizable reports and downloads that track usage, overdue tasks, and overall compliance rates—all segmented based on wide range of factors such as location, property attributes, and owner types
•Performance measurement dashboards to track time to completion for workflows, tasks, and users
•Branching logic, workflow cloning / splitting, and identity-based assignment of tasks •Multiple tiers of user groups with a wide range of permissions that define which actions specific users can take, including, but not limited to accessing the application; viewing stages, fields, files reports, and data; editing stages, fields, files, reports, and data; managing users and accessing status reports; updating configuration such as required fields, stages, and form templates

6.5 Attachment 2 - Professional Services Agreement

58 13
4906-7685-9207 v1
All data captured by and created in Slate can be exported into other City systems and databases to ensure Slate workflows are synced with other City processes.

The software, deliverables, and services will include the following features •Property and rental unit information collection as listed above. •Quality control to ensure data accuracy
•Data analysis and reporting for policymaking purposes. •Community notification.
•Education, training, outreach, and engagement: comprehensive educational and engagement efforts to owners and landlords.
•Database system: for annual and event-based reporting, including information collection, quality control, data visualization, reporting, and community notification functionalities. •Online portal/dashboard: providing 24/7, year-round access for City staff, landlords, and the public.
•Guidance and resources webpage: featuring a registration of BMR units overview, training worksheets, demonstration videos, and other online resources. •Paper-based registration forms: for use when online registration is not feasible •Staff training materials: exhibits and/or manuals for software system solutions. •Ongoing maintenance: including updates and troubleshooting of the software system. •Data management: ensuring data is packaged and provided to the City if the contract ends, with the City retaining ownership of all collected data.
•User-friendly and customer-oriented Interface: The software services must feature an intuitive interface with a strong focus on customer service.
•Data input and security: besides data annually imported from objective, regularly updated sources (such as County parcel data), landlords and staff will be the primary data input sources, each using unique and secure login credentials. The software systems must include security features to ensure the safety and privacy of information provided to the Registration of BMR units. •Training and support: ongoing training and support for City staff and users of the software. •Modular and expandable design: proposed software services should be designed in an expandable, modular format to facilitate future enhancements, functionality, and information collection.
•Development and maintenance quality: the software should be developed, tested, and maintained using high-quality software development methodologies to ensure long-term reliability and technical efficiency.
•Regular maintenance and updates: Tolemi must provide regular maintenance, including troubleshooting and system updates
•Quality assurance and control: regular quality assurance and quality control services must be provided.
•Minimized downtime: the design should minimize any periods when the software might be offline or unavailable.
•Data access and ownership: the City must have complete access and ownership of all data collected within the software system solutions.
•Integration with existing systems: the software system solutions should integrate with the City’s existing software systems to the extent possible.
•Browser compatibility: compatible with all major browsers, including Internet Explorer, Firefox, Google Chrome, and Safari. Detailed information on the host server environments and licensing models should be provided if relevant.
•Device accessibility: accessible from various devices, including desktops and mobile devices. •Remote Access: Support remote access for users, such as staff using VPN to access City software and servers.
•24/7 Access: ensure round-the-clock access for landlords, the public, and City staff •User authentication: Implement best practices for user logins and authentication.

6.5 Attachment 2 - Professional Services Agreement

59 14
4906-7685-9207 v1
•Brand support: support Foster City branding.
•Responsive design: feature a responsive design user interface. •Document management: include a document repository with sufficient storage, the ability to upload and manage documents, accept document versioning, and override archived documents. •Backend capabilities: provide backend capabilities to manipulate reports, override automated systems, and delete entries and notes.
•Security settings: Implement security settings to limit deletion, access, and viewing rights. •Search feature: Include a search feature on data fields •Tickler reminder feature: provide a reminder feature for administrators for time sensitive issues, such as rental unit registration submissions.
•Role-based access: offer role-based access to application features •User preferences management: manage user preferences for access and frequently used reports.
•Customizable data entry screens: support additional functionality through customizable data entry screens, such as detailed unit information and possible exemption status. •Easy workflow for data input: ensure an easy workflow for data input for initial property and rental unit registration, annual affidavits, and qualifying event-based reporting to assist with information quality assurance and control.
•Future modifications: allow for future modifications to respond to program and/or legislative changes, such as creating new data fields and supporting future forms of rental unit registrations. •Security and Privacy Features: Include additional system security and privacy features. •Licensing Requirements: Provide a listing of any licensing requirements and fees. •Full Access for City Staff: Ensure City staff have full access to view, edit, and update the Registration of BMR units online systems and related databases. •Query and Report Generation: Enable City staff to generate queries and reports. •Formatted Reports: Establish reports/queries accessible to staff with Registration of BMR units data as needed by the City, formatted for legibility and ease of use. •Property Inventory Upload
•Upload property inventory from City Geographic Information Systems (GIS) sources and County Assessor data, using the City’s official GIS address/unit databases as a starting point •Enter properties and rental units not yet in the official City GIS address database, flagged for further staff research/processing.
•Property Owner Data Management
•Manage property owner data.
•Support Property Assessor Parcel Number (APN) splits and mergers. •Support multiple addresses and buildings for parcels.
•Maintain property ownership history.
•Integrate with the City GIS system (ESRI) and the City application and permit tracking system (Accela).

Registration Management
Slate will provide the following features for registration management:
•Add/register property and rental units on behalf of owners. •Manage property owner information.
•Manage property management/agent contact information
•Manage property and rental unit characteristics information •Manage rent and tenancy information.
•Manage tenant information with easy removability for reports and Public Records Act requests. •Process registration affidavits.
•Upload documents.
•Generate copies of registration completion.
•Bulk upload data from CSV files.
•Tag properties for hold, exception, etc.

6.5 Attachment 2 - Professional Services Agreement

60 15
4906-7685-9207 v1
•Event Tracking: report rent increases, new tenancy, new vacancy or eviction, offer of a one-year lease at renewal, other events, and annual affidavit.
•Issue client notifications and electronic receipts via email. •Community Notices
•Produce community notices for all stages of Registration of BMR units implementation, including rental unit registration due notices, and community announcements. •Manage contacts (create, modify, delete, group, search). •Send notifications via email, SMS, and account messaging •Manage campaigns (marketing, outreach).
•Integrate with third-party bulk mail systems
Report Generation
•Produce reports to assist with daily quality control efforts and provide data visualization/infographics for policymaking.
•Feature role-based dashboards.
•Offer fixed and user-generated ad hoc reports.
•Export reports to PDF and Excel.
•ADA Compliance: ensure Americans with Disabilities (ADA) compliance. •Multilingual Support: Provide multilingual capabilities. •Help buttons: Include help buttons to clarify requested data input items to help with quality control.
•Registration management
•Add/register multiple properties and rental units.
•Manage property owner, property management/agent contact, and property/rental unit characteristics information.
•Manage rent, tenancy, and tenant information
•Process registration affidavits
•Upload documents
•Generate copies of registration completion
•Bulk upload data from CSV files.
•Event-based reporting: report rent increases, new tenancy, new vacancy or eviction, offer of a one-year lease at renewal, other events, and annual affidavit •Payment Processing
•Issue client notifications and electronic receipts via email •Integrate or provide data exports to the City’s financial and utility billing systems •GIS Integration
•Export property location and other information to the City’s GIS (GIST and ESRI – ArcGIS Enterprise)
•Allow City staff access to other departments’ systems to view activities related to the property and rental units, such as inspection reports and building permits •Mobile Application Development, if applicable

6.5 Attachment 2 - Professional Services Agreement

61 16
4906-7685-9207 v1
Schedule
Note: the City is only using the Slate Application for this Agreement The City anticipates beginning the project in June 2025.

The City will be responsible for the following tasks (number of hours | staff) in the Slate workstream:
•Attend the kick-off call (est. one hour | full project team) •Attend weekly business process mapping calls (est. six hours | Super Users) •Attend beta training (est. two hours | Super Users)
•Complete user acceptance testing (est. four hours | Super Users) •Attend training sessions (est. two hours | Super Users and End Users) Tolemi will be responsible for the following tasks in the Slate workstream:
•Host the kick-off call
•Lead weekly business process mapping calls
•Configure workflows in Slate according to City specifications and documentation from business process mapping calls
•Launch beta workflows and host beta training
•Refine workflows based on user acceptance testing feedback •Host training sessions
Tolemi will provide City with a dedicated Customer Support Manager (CSM) who will project-manage the implementation. The CSM will submit bi-weekly status updates via email to the City project team that will use Red (behind schedule / at high risk of delaying project delivery) Yellow (experiencing delays but not yet at high risk of delaying project delivery) Green (progressing according to anticipated schedule) indicators for outstanding tasks, including but not limited to:
•Data integrations
•Responsiveness of critical City points of contact (e.g. Technical Support) •Workflow configurations
•Public- (e.g. landlords) facing portal configurations

6.5 Attachment 2 - Professional Services Agreement

62 17
4906-7685-9207 v1
Data centralization, cleansing, and joining is a foundational pillar of every engagement with our partner cities. Government data has traditionally been difficult to work with because the various departmental software systems do not communicate and share data effectively. Recognizing that there was not a software solution on the market that would accomplish our objective of connecting with disparate data sources & systems, cleaning & geo-coding data, and automating the extract-transform-load (ETL) process, we built the Swarm application.

Our team of data engineers build connectors into City-controlled data sets, open data portals, and paid third party data providers. Those connections are scheduled and consume new data on a regular basis, typically nightly. Once the data is consumed, we clean and geo-code the data before storing it in a relational database that can be used by our other application. Swarm processes over 2,000 municipal data sets daily from a range of databases and vendor-supplied software. Based on our experience with common data issues that we encounter, we have incorporated over 200 unique diagnostics reports that run automatically.

During implementation, the Tolemi team will work to understand the City’s existing data structure and requirements. They will then use Swarm to consume, clean, and map the existing data into the Tolemi platform for the configuration of Slate and for the quality assurance process. On the night of the system transition, we will remove all the data from our systems and do a complete data extract into our platform to guarantee that all data is properly migrated. The following day City staff can manage all stages of the process inside the Tolemi platform, and the legacy software can be deprecated.

Tolemi will provide unlimited group and one-on-one training for city staff prior to and after launch. Our trainings are typically remote and under an hour. We can cover basic and advanced needs such as how to log in, finding and completing tasks, building reports, and communicating with applicants.

Prior to launch, Tolemi will work with city appointed super users, admins, and technical leads to ensure that they are able to fully manage the application. These trainings are highly customized and are typically one-on-one.

All city staff will be able to connect the designated Customer Success Representative via phone, email, or chat, through the life of the contract, to have their questions answered or request additional training. Our expectation is that we will provide both formal and informal help on an ongoing basis.

For the Slate application, comprehensive testing will occur in multiple phases of implementation. The configuration process will begin in concert with the weekly business process mapping calls, after each of which the Tolemi Data Engineer will make progress on configuration of the required workflows. This incremental approach allows the Super Users and Tolemi to include weekly review of the progress as part of the business process mapping calls. Tolemi will then incorporate feedback and refine the workflows throughout the implementations process.

After the beta versions of the workflows have been completed, Tolemi will train the Super Users on the application and begin the user acceptance testing process. During this phase, Tolemi will submit registrations and inspection requests from the perspective of landlords / registrants, thereby initiating test workflows for Super Users to perform acceptance testing. Super Users will then submit feedback and required refinement to Tolemi to inform the last phase of implementation.

The ensuing Super User and End User training session will provide another opportunity to incorporate feedback prior to go-live.

Tolemi’s CSM and customer support team will continue to respond to requests from End Users for additional refinement and will incorporate feature requests into its longer-term product roadmap.

We are not proposing any on-site implementation or support as we have successfully implemented our software in over 100 cities without the need to be face-to-face. Tolemi is happy to provide on-site training and implementation services upon request for the price of travel, lodging, and incidentals.

6.5 Attachment 2 - Professional Services Agreement

63 18
4906-7685-9207 v1
Tolemi fully expects City to request trainings, changes to the process, the addition of new data sets, unexpected changes to existing data sets, and assistance building analytics. We provide these services at no additional cost beyond the ongoing subscription fee.

Outreach Strategy
The Tolemi platform is capable of sending direct mail to landlords. Tolemi would request city support in crafting the language of the outreach.

END OF EXHIBIT A

6.5 Attachment 2 - Professional Services Agreement

64 19
4906-7685-9207 v1

EXHIBIT B

FEE SCHEDULE

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:
$37,000.00, CONSISTING OF:
•$22,000 FOR SERVICES AND DELIVERABLES IN YEAR ONE
•15,000 FOR SERVICES AND DELIVERABLES IN YEAR TWO.

2. If the term of the Agreement is extended by the City Manager pursuant to section 2(e) of the Agreement, the compensation amount for each year of the extended term shall not exceed $15,000.

6.5 Attachment 2 - Professional Services Agreement

65 20
4906-7685-9207 v1

EXHIBIT C

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

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

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

Consultant shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Consultant or City as an additional insured.

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

6.5 Attachment 2 - Professional Services Agreement

66 4906-7685-9207 v1 21 of 21
☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate. Installation Floater
Installation Floater, covering the work performed under this Contract, against all risks of direct physical loss. The policy shall cover the Contractor’s labor, materials and equipment, including materials and equipment in transit or away from the project site, to be installed in the existing structure(s). The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders, subject to a deductible of not more than [$10,000] payable by Contractor.
☒ Cyber Liability Insurance
Cyber Liability Insurance, covering network risk and cyber liability (including coverage for unauthorized access, failure of security, breach of privacy perils, as well at notification costs and regulatory defense) in an amount of not less than $1,000,000. Such insurance shall be maintained in force at all times during the term of the Contract and for a period of two years thereafter for services completed during the term of the Contract.

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

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

6.5 Attachment 2 - Professional Services Agreement

67 4906-7685-9207 v1 22 of 21

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

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

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

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

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

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

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

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

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

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

6.5 Attachment 2 - Professional Services Agreement

68 4906-7685-9207 v1 23 of 21
communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

6.5 Attachment 2 - Professional Services Agreement

69 4906-7685-9207 v1 24 of 21

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

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

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

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

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

Professional Liability:

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

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

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

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

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

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

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

6.5 Attachment 2 - Professional Services Agreement

70 4906-7685-9207 v1 25 of 21
SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

6.5 Attachment 2 - Professional Services Agreement

71 4906-7685-9207 v1 26 of 21

EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between ____________________ (“City”) and ____________________________ (“Consultant”) dated ___________________________.

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

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

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

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

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

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

3. Compliance with COVID-19 Proclamations.

A. Consultant shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of

6.5 Attachment 2 - Professional Services Agreement

72 4906-7685-9207 v1 27 of 21
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]

6.5 Attachment 2 - Professional Services Agreement

73 4906-7685-9207 v1 28 of 21
IN WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.

CONSULTANT: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Print Name & Title Print Name & Title

6.5 Attachment 2 - Professional Services Agreement

74 FOSTER CITY Rental Registry RFP Scoring Sheet
Reviewer: fill in green boxes only and follow instructions in orange boxes to rank the four proposals submitted for the Rental Registry Program.

Updated November 13, 2024
Tolemi HdL Companies Deckard Technologies 3Di
A. SUBMITTAL COMPLETENESS COMPLETE
YES

COMPLETE
YES
YES

NOT CLEAR
YES

COMPLETE COMPLETE
1 2
3 4
5 6
7 Title Page included YES
YES
YES
YESCover Letter of Interest included
Conflicts of Interest addressed
Scope of Work included
Schedule included
Outreach Strategy included
Qualifications and References
included
YES
YES
YES
YES
YES
YES

YES - COVER LETTER YES - COVER LETER
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
8 9
Cost Proposal included
Acknowledgement of Contract
included
YES
YES
YES
YES
YES
YES
YES
YES
10 IT Questionnaire included YES YES YES YES
1 2

DEMONSTRATED UNDERSTANDING OF THE REQUESTED WORK AND RESPONSIVENESS TO SCOPE OF SERVICES SCOPE
Score (1= no, 2 = yes)
Total
2 Tolemi
2 HdL Companies
2 Deckard Technologies
2 3Di
2 QUALITY AND COMPLETENESS OF PROPOSAL

PROPOSAL
Score 1 - not complete; 2 = one or
more items not clear; 3= complete
Total
3 Tolemi
3 HdL Companies
2 Deckard Technologies
1 3Di
3 Notes Conflicts of interest statement not Did not include annual costs after 1st clear year
3 RELATED AND RECENT EXPERIENCE OF SIMILAR SCOPE AND COMPLEXITY IN SAN MATEO COUNTY, THE BAY AREA, CALIFORNIA

EXPERIENCE
Score (ranked in order of least to
greatest)
Total
4 Tolemi
4 HdL Companies
2 Deckard Technologies
1 3Di
3 Questions or comments from
reviewer
Great Bay Area expertise in small
cities
Has Bay Area expertise but is more Has Bay Area expertise but programs Has Bay Area Expertise but much focused in Southern California, with
only one Bay Area City
are not for rental registries. For
Redwood City, for example, program
is for short-term rentals.
bigger cities
4 OUTREACH AND COMMUNITY ENGAGEMENT EXPERTISE AND TECHNIQUES

OUTREACH
Score (2 = digital outreach
included; 1 = outreach additional)
Total
2 Tolemi
2 HdL Companies
2 Deckard Technologies
2 3Di
2 Notes
1 6.5
Attachment 3 - RFP Scoring Sheet

75 FOSTER CITY Rental Registry RFP Scoring Sheet
Reviewer: fill in green boxes only and follow instructions in orange boxes to rank the four proposals submitted for the Rental Registry Program.

EXERPTISE AND EXPERIENCE OF PROJECT TEAM AND INHOUSE EXPERTISE, OR INCLUSION OF SUBS TO ADDRESS SCOPE OF WORK5 TEAM Total
2 Tolemi
2 HdL Companies
2 Deckard Technologies
2 3Di
2Score (2 = meets requirements; 1=
does not meet requirements)
Notes Includes in-person
engagement/meeting add-on option
for additional fee
6 ABILITY TO PERFORM WORK WITHIN A REASONABLE TIMEFRAME AND BUDGET

BUDGET & SCHEDULE
Score - ranked in order
Notes
Total
4 Tolemi
3 HdL Companies Deckard Technologies 3Di
14 2
10% higher price than HdL; same
annual cost as HdL
Most competitive price Launch cost breakdown shows high cost for outreach letter campaign for other proposals - focus is on larger More than double the price of all
small number of properties. Seems
like a better fit for a greater number of
units.
jurisdictions
7 CREATIVITY TO APPROACH TO SCOPE OF WORK AND DELIVERABLES

CREATIVITY
Score (1, 2 or 3, 3 being highest)
Total
3 Tolemi
3 HdL Companies
3 Deckard Technologies
3 3Di
3 Notes Has options to integrate with other
systems
Piggybacks on business license tax
software, which Foster City Uses HdL
for.

Has options to integrate with other
systems
Has options to integrate with other
systems
8a COST TO CITY TO LAUNCH SOFTWARE PROGRAM, ANNUAL COST TO CITY AND PRICE PER UNIT FOR LL'S COST Total Tolemi HdL Companies Deckard Technologies 3Di Launch Cost $ 22,000 $ 20,000 $ 25,000 $ 60,000
Score for City Cost 4 3 4 2 1
Notes Optional in-person
meeting/community engagement
option is $1,000 extra
ranked in order 1-4 with 1 being highest cost and 4 being lowest cost 8b COST TO CITY TO LAUNCH SOFTWARE PROGRAM, ANNUAL COST TO CITY AND PRICE PER UNIT FOR LL'S - UPDATED 11/12/2024 FOR BMR UNITS ONLY COST Total Tolemi HdL Companies Deckard Technologies 3Di Annual Cost to City $ 15,000 $ 15,000 Did not provide $31,000+ ranked in order with 1 being highest cost and 2 being lowest cost; 0 if no response; tie=same score Score 2 2 2 0 1
9 ACCEPTANCE OF CITY'S STANDARD AGREEEMENT AND INSURANCE REQUIREMENTS - 5 points Max

AGREEMENT
Score 1, 2 or 3
Total
3 Tolemi
3 HdL Companies
1 Deckard Technologies
3 3Di
3 Legend: 3=no changes; 2=minor changes; 1= doesn't meet insurance or substantial changes 2 6.5
Attachment 3 - RFP Scoring Sheet

76 FOSTER CITY Rental Registry RFP Scoring Sheet
Reviewer: fill in green boxes only and follow instructions in orange boxes to rank the four proposals submitted for the Rental Registry Program.

Notes No changes Vendor has only $2M in insurance
and minor changes for contract. If we
select them it could be contingent on
obtaining higher level of insurance.

No changes No changes
10 RELEVANCE OF REFERENCES
REFERENCES Total
4 Tolemi
4 HdL Companies
3 Deckard Technologies
1 3Di
2Score (1-4)
Ranked best (4) to least (1)
Notes Monterey, Half Moon Bay, Berkeley,
EPA
Culver City, Pomona, San Pablo, Burlingame, Redwood City, Carlsbad, Berkeley, San Francisco, Los Angeles Cudahy CA Placer County, Eastvale CA, and
Hallandale Beach, FL
County

FINAL SCORE

REVIEWERS TOTAL SCORE
Rank
Total
33 Tolemi
31 1
HdL Companies Deckard Technologies 3Di
23 3
27 2
19 4
Completed by: (Reviewer Name)
N Jabba
Date:

Wednesday, November 13, 2024
3 6.5
Attachment 3 - RFP Scoring Sheet

77 9
3 8
DATE: June 2, 2025

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

FROM: Andrew Brozyna, Public Works Director
Laura Galli, Engineering Manager
Ryan Marquez, Senior Civil Engineer
DEPARTMENT: Public Works
SUBJECT: MERGER OF CIP 301-718 & CIP 301-717, RENAMING THE

PROJECT TO THE LAGOON PUMP STATION SEISMIC

REHABILITATION AND CAPACITY ENHANCEMENT PROJECT
(CIP 301-717); ISSUANCE OF TASK ORDER TO SCHAAF AND
WHEELER IN THE AMOUNT OF $992,045 FOR ENGINEERING
DESIGN SERVICES FOR (CIP 301-717); AND AMENDMENT NO.
1 WITH SCHAAF & WHEELER

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing:

1. The merger of (CIP 301-718) Lagoon Pump Station Building Rehabilitation and (CIP 301-717) Add Third and Fourth Lagoon Pump and Related Infrastructure Project, and renaming the combined project the Lagoon Pump Station Seismic Rehabilitation and Capacity Enhancement Project (CIP 301-717); and

2. The transfer of the budget balance held in Account No. 301-0910-718-4251 to Account No. 301-0910-717-4251; and

3. The Mayor to execute a task order with Schaaf & Wheeler Consulting Engineers, Inc. (Schaaf & Wheeler) in the amount of $992,045 for professional engineering services for the Lagoon Pump Station Seismic Rehabilitation and Capacity Enhancement Project (CIP 301-717); and

6.6 6.6 Staff Report

78 9
3 8

4. The establishment of a project contingency in the amount of $150,000 (15%) with authorization given to the City Manager to execute task order amendments up to the contingency amount; and

5. The Mayor to execute Amendment No. One (1) to the Master Services Agreement with Schaaf & Wheeler Consulting Engineers, Inc. (Schaaf & Wheeler); and

6. Finding this action exempt from CEQA under Section 15061(b)(3).

EXECUTIVE SUMMARY
The Lagoon Pump Station Building Rehabilitation Project (CIP 301-718) intends to rehabilitate the Lagoon Pump Station for continued use as the City’s sole stormwater pumping station. The Add Third and Fourth Lagoon Pump and Related Infrastructure Project (CIP 301-717) intends to add a third and possibly fourth pump into the Lagoon Pump Station to increase capacity and redundancy. Given their shared location and interdependent scope, merging the two projects into one CIP is both feasible and logical. Additionally, the City was awarded a reimbursable federal grant for these two projects. Combining the two projects into one would assist staff in tracking the funding.

The proposed new project name and CIP # is Lagoon Pump Station Seismic Rehabilitation and Capacity Enhancement Project (CIP 301-717) is consistent with the project name under the federal funding grant application.

The City issued a Request for Proposals (RFP) to five on-call water and wastewater engineering firms for design services encompassing the combined scope of CIPs 301- 717 and 301-718. The City received three (3) proposals. A panel of reviewers found Schaaf & Wheeler Consulting Engineers (Schaaf & Wheeler) to be the most qualified for the work. The proposed fee in the amount of $992,045 has been negotiated and determined to be reasonable based on the scope of services.

The scope of services is comprehensive including project management, preliminary engineering, preparation of construction documents and environmental documentation, regulatory compliance, bidding support, construction support, record drawings, and warranty inspection.

Funding in the amount of $2,623,111 is available in the approved budget between both projects (CIPs 301-717 and 301-718). With the execution of the task order, staff will authorize work to begin on the preliminary engineering for the project.

Due to the federal funding awarded to this project, various additional federal provisions are required under the existing Master Services Agreement (MSA). Those are reflected in the proposed amendment with Schaaf & Wheeler (Attachment 3).

BACKGROUND

6.6 6.6 Staff Report

79 9
3 8
The City of Foster City is protected from flooding by both the levee and by the Foster City lagoon, an approximately 212-acre drainage detention basin. The water level of the central lagoon is controlled by intake gates near Sea Cloud Park and a pump station located at the City’s corporation yard. The pump station, built in 1964, currently houses two functioning pumps but has capacity to house four pumps. The pump station has lacked the necessary redundancy and capacity to provide protection against flooding during longer and more severe storm events, which are projected to increase in severity and frequency in coming years. In addition, the lagoon pump station was determined to be seismically vulnerable, in need of retrofitting and rehabilitation to meet current building codes.

At the City Council meeting on June 20, 2023, the City Council adopted City Resolution No. 2022-79, adopting the City Budget and thereby creating both the Lagoon Pump Station Building Rehabilitation Project (CIP 301-718) and the Add Third and Fourth Lagoon Pump and Related Infrastructure Project (CIP 301-717). In late 2023, the City procured BKF Engineers, Inc. (BKF) to provide an initial existing conditions technical memo to assist in preliminary structural and capacity evaluations. In August 2024, the BKF technical memo provided recommendations which included structural rehabilitation and seismic retrofit of the existing building, desilting of the bay culvert (where lagoon water is discharged into the bay), and the removal and replacement of the existing out of service pumps, engines, and pump associated infrastructure.

In summer of 2024, it became apparent the project was eligible for FEMA/CalOES Legislative Pre-Disaster Mitigation (LPDM) funding. Staff applied for the funding in fall of 2024 and the City was officially awarded $1,344,343.07 on December 4, 2024.

On February 19th, 2025, staff released an RFP to the five (5) on-call water and wastewater engineering firms. On March 20, 2025, three (3) proposals were received.

ANALYSIS
The proposals were reviewed by an evaluation committee consisting of three (3) staff members from the Public Works Engineering division. The committee graded Schaaf & Wheeler as the highest-rated proposal. Their proposal is comprehensive and exceeds the requirements outlined in the RFP. Schaaf & Wheeler, with their proposed subconsultants for structural, electrical & instrumentation, and environmental, have successfully completed many similar projects within the Bay Area. While staff is familiar with Schaaf & Wheeler’s work, including the Levee Protection Planning and Improvement Project (CIP 327-657), references specific to pump station projects were verified, receiving favorable reviews.

The scope of services for this agreement includes seven tasks for a not-to-exceed amount of $992,045. A breakdown of expected hours and rates can be found in the task order (Attachment 2). The scope of services includes the following seven tasks:

6.6 6.6 Staff Report

80 9
3 8

1. Project Management - This task ensures the project stays on track with respect to scope, schedule, and budget. It involves team coordination, quality control, progress reporting, and regular communication with the City and stakeholders.

2. Preliminary Engineering - The preliminary phase evaluates the existing system and develops the Preliminary Design Report (PDR) and conceptual level plans and estimates (30% level). It identifies necessary improvements for pump station capacity, structural integrity, and climate change resilience while considering construction phasing and permitting.

3. Construction Documents - Detailed construction plans, specifications, and cost estimates (60%, 90%, and Bid Ready submittals) are produced in this task. It includes coordination across disciplines (civil, structural, mechanical, electrical) and results in a complete bid-ready design package.

4. Permitting Assistance - This task provides support for permitting efforts, including biological and cultural resource assessments and CEQA documentation. It also includes assistance in identifying and procuring necessary regulatory permits from agencies such the Bay Conservation & Development Commission (BCDC), United States Army Corps of Engineers (USACE), San Francisco Regional Water Quality Control Board (RWQCB), and the Bay Area Air Quality Management District (BAAQMD).

5. Bid Period Services - Support is provided during the bidding phase, including answering contractor questions, assistance in writing addendums, and analyzing the bid opening.

6. Construction Support Services - During construction, this task includes submittal reviews, site visits, RFI responses, change order assistance, and final inspection.

It ensures the contractor’s work aligns with the design and specifications. Based on the final design documents, this task may be amended in the future to align with the final bid scope of work.

7. As-Built Drawings and Project Closeout - Following construction, the team compiles record drawings based on contractor markups and prepares a closeout summary for City and FEMA use. This ensures accurate project documentation and smooth transition to operations. Additionally, a warranty inspection is included with this task to ensure the installed project is functioning as intended before the 1-year guaranty window on the construction contract closes.

Staff anticipates the majority of the design work will be finished in spring of 2026 and expects construction to take multiple years due to work being limited both by season and need for uninterrupted continued service of the existing pumps.

Staff is recommending CIPs 717 and 718 be combined for various reasons. While it was initially unclear whether the original scopes of CIPs 717 and 718 could be

6.6 6.6 Staff Report

81 9
3 8
constructed concurrently, BKF’s technical memo and Schaaf & Wheeler’s scope of work indicates that this is feasible. Additionally, as the December 4, 2024 award of approximately $1.3M in FEMA/CalOES LPDM funding applies to the scope of both of these projects, it is logical and prudent to combine these projects. CIP 718 monies would be transferred into CIP 717, and CIP 717 would be renamed Lagoon Pump Station Seismic Rehabilitation and Capacity Enhancement Project to be consistent with the LPDM grant and the scope of work.

In order to be eligible to receive the grant funding from FEMA/CalOES, the terms of the “in place” Master Services Agreement with Schaaf and Wheeler must be amended to include language addressing required federal provisions. Staff engaged with CalOES and the City Attorney to ensure the drafted language was mutually acceptable by both the City and FEMA. The Attached Amendment No. 1 reflects the necessary language (Attachment 3).

CEQA
This action is exempt from CEQA under Section 15061(b)(3).

FISCAL IMPACT
The proposed fee in the amount of $992,045 has been negotiated and determined reasonable based on the scope of services. A project contingency in the amount of $150,000 or approximately 15% of the contract amount is recommended to pay for additional services resulting from unforeseen circumstances that may be encountered during design. Funding in the amount of $2,623,110 is available in the approved budget between the two projects. Additionally, $1,344,343.07 is available to the project in federal funding, which will be reimbursed at a 12% rate of actual monies spent.

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

Attachment 1 – Resolution
Attachment 2 – Task Order S&W-2025-01
Attachment 3 – Amendment to Master Services Agreement

6.6 6.6 Staff Report

82 3
3 9
6 RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING MERGER OF CIPS 301-718 & 301-717, RENAMING THE PROJECT TO

THE LAGOON PUMP STATION SEISMIC REHABILITATION AND CAPACITY ENHANCEMENT PROJECT (CIP 301-717), TASK ORDER WITH SCHAAF & WHEELER CONSULTING ENGINEERS, INC. IN THE AMOUNT OF $992,045 FOR ENGINEERING

DESIGN SERVICES RELATED TO THE LAGOON PUMP STATION SEISMIC REHABILITATION AND CAPACITY ENHANCEMENT PROJECT (CIP 301-717), AMENDMENT NO. 1 WITH SCHAAF & WHEELER CONSULTING ENGINEERS, INC.

TO THE MASTER SERVICES AGREEMENT, AND FINDING THE ACTION EXEMPT

FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTION 15061 (B)(3)

CITY OF FOSTER CITY
WHEREAS, the City’s lagoon pump station is in need of additional and redundant pumping capacity, structural rehabilitation, and seismic retrofit; and WHEREAS, the lagoon pump station is essential equipment and relied upon to provide flooding protection to the community; and
WHEREAS, on June 20, 2023, the City Council adopted City Resolution No. 2022- 79, adopting the City Budget and thereby creating both the Lagoon Pump Station Building Rehabilitation Project (CIP 301-718) and the Add Third and Fourth Lagoon Pump and Related Infrastructure Project (CIP 301-717); and
WHEREAS, combining and renaming both the Lagoon Pump Station Building Rehabilitation Project (CIP 301-718) and the Add Third and Fourth Lagoon Pump and Related Infrastructure Project (CIP 301-717) to Lagoon Pump Station Seismic Rehabilitation and Capacity Enhancement Project (CIP 301-717) is both logical and feasible at this time; and
WHEREAS, on December 4, 2024 the City was awarded $1,344,343.07 in FEMA/CalOES Legislative Pre-Disaster Mitigation (LPDM) funding; and WHEREAS, on February 19, 2025 staff released a Request for Proposals (RFP) to the five (5) on-call water and wastewater engineering firms. On March 20, 2025, three (3) proposals were received.

WHEREAS, based on their quality of their proposal, demonstrated expertise and extensive knowledge and understanding of the field and the specific project, Schaaf & Wheeler Consulting Engineers, Inc. has the capability to provide design services for the combined project (CIP 301-717 and CIP 301-718); and
WHEREAS, due to the LPDM funding, federal provisions are required in any project agreements necessitating an amendment to Schaaf & Wheeler Consulting Engineers existing Master Services Agreement; and

6.6 Attachment 1 - Resolution

83 3
3 9
6 WHEREAS, the proposal cost of $992,045 has been reviewed by staff and deemed to be appropriate for the scope of the project; and
WHEREAS, funding is available for this work in the CIP 301-717 budget.

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

2. The transfer of the budget balance held in Account No. 301-0910-718-4251 to Account No. 301-0910-717-4251;

4. The establishment of a project contingency in the amount of $150,000 (15%) with authorization given to the City Manager to execute task order amendments up to the contingency amount;

5. The Mayor to execute Amendment No. One (1) to the Master Services Agreement with Schaaf & Wheeler Consulting Engineers, Inc. (Schaaf & Wheeler); and

6. Finding this action exempt from CEQA under Section 15061(b)(3).

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 2nd day of June, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMINEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.6 Attachment 1 - Resolution

84 TASK ORDER NO. S&W-2025-01

TO MASTER ENGINEERING SERVICES AGREEMENT FOR

WATER AND WASTEWATER ENGINEERING SERVICES FOR
(CIP 301-717) LAGOON PUMP STATION REHABILITATION AND CAPACITY ENHANCEMENT (FY2023-2024)
FORMERLY (CIP 301-717) ADD THIRD & FOURTH LAGOON PUMP & (CIP 301-718) LAGOON PUMP STATION BUILDING REHABILITATION This Task Order No. S&W-2025-01 ("Task Order") is made and entered into by and between the City of Foster City/Estero Municipal Improvement District (“City/District”) and Schaaf & Wheeler, Consulting Civil Engineers, Inc.("Consultant").

RECITAL
A. City and Consultant entered into an agreement entitled MASTER PROFESSIONAL

SERVICES AGREEMENT
FOR WATER AND WASTEWATER ENGINEERING SERVICES FOR (CIP 301-717) LAGOON PUMP STATION REHABILITATION AND CAPACITY ENHANCEMENT (FY2023-2024) dated January 21, 2025 ("Agreement"), by which the Consultant agreed to perform Water & Wastewater Engineering services in accordance with Task Orders issued by the City.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. INCORPORATION BY REFERENCE. This Task Order hereby incorporates by reference all items and conditions set forth in the Agreement.

2. SCOPE OF TASK ORDER. Consultant shall perform the services described in Exhibit "A," attached hereto and incorporated herein by reference, in accordance with the terms and conditions of the Agreement.

3. PAYMENT. For services performed by Consultant in accordance with this Task Order, City will compensate Consultant in accordance with the terms and conditions of the Agreement, in an amount not to exceed $992,045 (including all hourly billings as well as reimbursable costs).

4. SIGNATURES. The individuals executing this Task Order represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Task Order on behalf of the respective legal entities of the Consultant and the City.

IN WITNESS WHEREOF, the City and Consultant do hereby agree to the full performance of the terms set forth herein.

City of Foster City Consultant
_____________________________ _________________________ By: Stacy Jimenez By: Charles D. Anderson
Title: Mayor Title: President
Date: _________________________ Date: _____________________

6.6 Attachment 2 - Task Order S&W-2025-01

85 EXHIBIT A

SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS, AND SCHEDULE FOR TASK ORDER S&W-2025-01

SERVICES TO BE PROVIDED
This is an Exhibit attached to and made a part of and incorporated by reference to the Task Order NO. S&W-2025-01 , by and between Schaaf & Wheeler, Consulting Civil Engineers, Inc., hereinafter referred to as “CONSULTANT” and the City of Foster City/Estero Municipal Improvement District, hereinafter referred to as “CITY/DISTRICT” providing for professional services.

Task 1: Project Management
Consultant shall manage the project scope to complete work within the not-to-exceed fees limit and in accordance with the project schedule. Consultant is responsible to ensure that all services and deliverables meet the requirements of the City, FEMA, and the project as a whole.

Task 1 includes correspondence, coordination, scheduling, contracting, and other work not described under other tasks, including overall quality control.

Project design work plan
A project work plan will be developed that provides a project overview, project baseline schedule including deliverable milestones, and a master list of deliverables. The work plan will encapsulate this project scope, which will be appended to the work plan. Information such as a contact list for City staff and consultant team, a health and safety plan, and invoicing instructions will also be provided.

Progress Meetings
Regular progress meetings at an initial monthly interval will be held to review the status of project work, schedule, and budget. The frequency of meetings may be adjusted depending on the level of project activity and upcoming deliverables.

Progress Reports
Monthly progress reports will be furnished with each invoice to provide an overview of the project budget including invoice amount, cumulative spent, percent complete, and budget remaining. Project status will be shown in a workflow graphic. Each progress report will provide a schedule update (compared to baseline), budget summary, a schedule and budget narrative for the project as a whole, and a narrative for the work completed during the billing period.

The schedule and budget status of each active project task will be narrated, including whether the task is on track to finish on schedule and within budget or if there are issues impacting the timely/successful completion of the task (and therefore, the overall project).

Quality Control
Schaaf & Wheeler and its subconsultants will follow a quality control (QC) procedure within

6.6 Attachment 2 - Task Order S&W-2025-01

86 Bluebeam Revu that ensures product consistency and compliance with applicable standards pursuant to the standard of care.

Quality control will be maintained throughout all phases of project implementation using a parallel two-track process:

1. Systematic review of calculations, drawings, and specifications by the project manager during design with detailed work plans, schedule, and continuous progress monitoring.

2. In-depth independent team review of all work products. This team is not involved in the original planning or design.

This parallel track workflow is shown schematically as Figure 2 and allows for auditing and third- party verification of the internal QC process.

Figure 1: Quality Control Procedure
Task 1 Deliverables
▪Project design work plan
▪Quality control plan
▪Quality control reports
▪Progress meeting agenda and minutes
▪Monthly invoices and progress reports
Task 2: Preliminary Engineering
Consultant will work with City staff through document research and on-site interviews to expand upon its understanding of the Central Lagoon and pumping system already gained from Consultant’s previous work with the City. The Preliminary Design Report (PDR) developed as part of this task will establish and document project design direction, prepare conceptual designs, and provide conceptual construction cost estimates for each project element.

The PDR will address the following high-level design issues in detail:

6.6 Attachment 2 - Task Order S&W-2025-01

87 ▪Design pump station capacity
▪Long-term climate resilience
▪Modifications for hydraulic performance
▪Modifications for operation and maintenance
▪Operation and control
▪Engine fueling upgrades
▪Structural modifications
▪Construction phasing
Design pump station capacity will be established to select the new pumps and help address the question of whether the third and fourth pumps should be added while maintaining the existing two pumps, or if all four pumps should be new. Consultant will work with the City to establish a design project life and evaluate future climate change impacts through mid-century and end of century.

The PDR will provide recommendations for verifying existing pump capacities to a reasonable order of magnitude and how to replace and install new pumps and drivers to replace the existing pumps and drivers that will be removed as part of the rehabilitation project. Building modifications to facilitate equipment installation and removal access for equipment replacement will be presented and evaluated.

Modifications for Hydraulic Performance. Wet well modifications for improved hydraulic performance such as corner and floor fillets dimensioned per Hydraulic Institute standards or pump manufacturers’ recommendations will be evaluated for incorporation into the structural wet well modifications.

The PDR will document design decisions made with City engineering and operations staff. We will also evaluate whether building modifications are needed for airflow based on combustion and cooling requirements for the new engine drive units.

Modifications for Long-term Operation and Maintenance. After rehabilitation, the Foster City Lagoon Pump Station is expected to provide long-term value and ease of operation and maintenance. For this task, Consultant will evaluate necessary modifications to the structure, equipment, and operation for:
▪Worker and visitor safety
▪Access for ongoing operation and maintenance
▪Equipment installation and removal
▪Trash rack and wet well cleaning
▪Gate valves, sluice gates and flow controls for gravity discharge ▪Fuel source and storage
▪Afterbay maintenance including flow straightening vanes Operation and Control. Consultant will design the replacement and upgrades to controls for up to four 750 horsepower diesel-driven pumps. This does not by itself necessitate an upgrade to the existing electrical service. The existing electrical infrastructure, which includes a 480V Motor Control Center (MCC) with an Automatic Transfer Switch for standby generator connection, a 480V distribution panel, and a lighting panelboard for single-phase loads—will be evaluated for adequate electrical capacity and physical bucket space to support the new equipment. If it does not, Consultant will provide a design for the necessary upgrades as an optional service.

6.6 Attachment 2 - Task Order S&W-2025-01

88 The existing auxiliary components, including bar screens, valves, and gates, will be replaced in- kind and Consultant will design around the reuse of the existing electrical infrastructure, including distribution equipment and conduits. New conductors will be designed as needed to ensure reliable operation and compliance with current electrical standards. Any additional loads, such as larger or additional crane hoists, will be evaluated.

Replacements and upgrades for electrical equipment that has exceeded the end of its useful life will be described in the PDR. Pump station electrical components will be designed as part of this project to ensure continued reliability, improve maintainability, and bring the system into compliance with the current California Electrical Code (CEC). Upgrading to modern equipment would also provide opportunities to integrate updated technology, enhance system safety, and support future operational needs. This will be discussed in the PDR.

The current standard operating procedure for pump operation is fully manual and based on weather forecasts. Pump startup and shutdown are initiated by operators in anticipation of incoming storm events, without the aid of automated control logic. Per discussions with City personnel, the new pump control scheme will maintain this existing manual operational approach to align with current practices and operator preferences.

While the lagoon water level is currently monitored through the SCADA system, this data is used solely for alarming purposes and not for automated control of the pumps. The alarm serves as a safety measure to alert operators of high-water conditions, allowing for appropriate manual intervention when necessary.

The existing control panel, which is integrated into the motor control center (MCC) lineup, houses an annunciator panel, a HydroRanger controller and a SCADAPack remote terminal unit (RTU). The HydroRanger provides control for the bar screens, while the SCADAPack RTU manages communication with the SCADA system. Both components are in serviceable condition and will be reused as part of the upgraded system.

The existing Wonderware (now AVEVA) HMI will be updated to enhance visibility into the operation of the new diesel-driven pumps. Updates will include monitoring of key engine status indicators, such as RPM, runtime, and fuel level. The final selection of data points to be displayed will be determined in coordination with City staff during the design phase to ensure operational needs are met.

Engine Fueling and Emissions Upgrades. Consultant will present the City with recommended fuel and fuel storage system upgrades for the new engine drive units as part of the PDR. The required emission standard tier for stationary engine-driven flood control infrastructure will be established with the Bay Area Air Quality Management District (BAAQMD). Contract documents will be established so that responsibility for obtaining the Authority to Construct (ATC) and Permit to Operate (PO) applications are prepared by the Contractor using the engine manufacturer’s prototype emissions data.

Additional measures may need to be taken to reduce engine emissions and meet California Air Resources Board (CARB) Tier 4 standards. These will be evaluated, including any exemptions, to prepare the PDR.

Structural Modifications. During the early stages of engineering, Biggs Cardosa Associates

6.6 Attachment 2 - Task Order S&W-2025-01

89 will confirm existing conditions and identify viable concepts of the repair and/or replacement of structural components to meet current CBC requirements as defined for a rehabilitated building.

Biggs Cardosa Associates will work with the design team to coordinate geotechnical, hydraulic, utility, and environmental considerations and evaluate impacts to cost, schedule, and constructability of each of the feasible structure concepts. The project goal is to address corrosion damage with replacement or repair, prepare the structure for four new pumps, replace the trash racks, and seismically retrofit the structure to essential service performance levels.

The PDR will identify the proposed structure type and discuss the various constraints, conditions, alternatives, design factors, and associated costs. These effects, along with other considerations, such as hydraulic, ADA, and environmental consequences, will be scoped in this design task and incorporated into the Type Selection Report, which will be included with the PDR.

To facilitate the seismic analysis of the rehabilitated building structure, potentially with modifications to the roof diaphragm, ENGEO will prepare a geotechnical study based on existing borings and CPTs they collected nearby during the design of the levee improvements.

Construction Phasing. The PDR will include a construction phasing plan to avoid pumping shutdowns or being out of service during winter months and does not unduly impinge on the contractor’s selected means and methods. The pump station should never be without at least its currently installed pumping capacity.

An in-water work window will be defined based on jurisdictional regulations for work that must take place in the dry with the pump station fully shut down. This window is usually June 1 through November 30 and allows work activity like sediment removal, building flow baffles in the afterbay, trash rack modifications, wet well modifications, and below-water concrete repair.

When the pump station is completely shut and dewatered during construction, Consultant will visually conform the structural condition of the wet well interior, including walls, ceiling, and floor, and adjust the scope of structural repair accordingly.

Task 2 Deliverables
▪Kickoff meeting agenda and minutes
▪Review of existing documents to be summarized in the PDR ▪Interview of key City staff to understand existing conditions and operations ▪Perform field and desktop inspections and investigations ▪Design pump station capacity
▪Preliminary analysis of permits needed and CEQA documentation ▪PDR presentation to City staff at 60% and 95% level
▪Preliminary design report including conceptual plans (30%) and construction estimate (outline, 60%, 95%, and final)
Task 3: Construction Documents
All components of the design plans, general, special and technical provisions, and estimates will be developed during this phase. All plan sheets that will be represented in the bid documents will be identified and fully developed during this phase.

Table 1 identifies the general sheet sets anticipated.

6.6 Attachment 2 - Task Order S&W-2025-01

90 Table 1. Pump Station Rehabilitation Plan Sheets
Sheet Description Number of
Sheets 60% 90%
Title Sheet 1 • •
Notes, Abbreviations and Legend 1 • •
Site Access, Haul Routes, and Staging
Areas 1 • •
Stormwater Pollution and Construction
BMPs 2 •
Demolition Plans and Sections 3 • •
Improved Site Plan 1 • •
Construction and Operations Phasing Plan 3 • •
Site Control Plan 1 • •
Pump Station Roof Plan 1 • •
Pump Station Floor Plan 1 • •
Pump Station Sections 4 • •
Pump Station Elevations 2 • •
Fuel System Modifications 1 • •
Civil and Mechanical Details 3 •
Structural Notes and Symbols 1 • •
Structural Special Inspection and Testing 1 •
Wet Well Modifications 2 • •
Building Roof Modifications 2 • •
Building Floor Modifications 1 • •
Miscellaneous Building Modifications 2 • •
Trash Rack Structural Modifications 1 • •
Structural Sections 2 • •
Structural Elevations 3 • •
Structural Details 3 •
Electrical Legend, Symbols, and
Abbreviations 1 • •
Electrical Demolition 1 • •
Electrical Plan: Construction Phasing 1 • •
Electrical Equipment Layout 1 • •
Underground and Overhead Conduit Plan 1 • •
Power, Lighting, and Grounding Plan 1 • •
Single Line Diagram and Control
Schematics 2 • •
Miscellaneous Control Diagrams 1 • •
Elevation of Switchboards and Panelboards 1 • •
Panel Schedule and Miscellaneous
Schematics 1 • •
Miscellaneous Electrical Details 2 •
Title 24 Calculations 2 •
SCADA and Schematic Diagrams 1 • •

6.6 Attachment 2 - Task Order S&W-2025-01

91 Task 3.1: 60% Plans, Specifications, and Estimates
An important part of this 60% PS&E process involves interdisciplinary review and coordination.

The project manager and senior engineers will review the preliminary studies, recommendations, and the plan sheet sets to coordinate the technical issues and ensure consistency and completeness. The QC procedures outlined in Task 1 will be employed.

Prior to delivering the 60% design documents, the design team will conduct additional site investigations to confirm that existing conditions are depicted accurately in the bid documents.

Design team members will perform field visits to verify uncertain features and to clarify dimensions and project elements.

Consultant’s internal quality control review for the 60% submittal will include the review of the design package for compliance with City standards and completeness. The review will focus on ensuring that the plan elements are complete and clearly delineated.

Task 3.2: Checked Final Design (90% Submittal)
The design team will resolve and incorporate internal and external review comments from the 60% submittal and ensure that regulatory requirements identified in Task 4 are also incorporated. Review comments for the 60% PS&E submittal will be addressed and incorporated. Construction details for the project elements will be modified and completed to address the 60% submittal comments as part of this phase of the design process.

Prior to delivering the 90% submittal, Consultant will complete its own in-house quality control review of all outgoing documents, as described in Task 1. At the 90% Submittal the City “front end specifications” will be reviewed and redlined by Consultant to marry up City’s standard specification and project specifications. At the 90% submittal, a complete, checked, and bid- ready set of documents will be made available. Cost estimates and schedules will be updated and compared to the available budget.

Task 3.3: Bid-Ready Documents (Final PS&E)
In this task, we will incorporate or resolve all remaining City and other agency issues for design.

Consultant will provide City with responses for Building Permit plan checks from various City Departments for reviews, with expected reviews from the Building Division and Fire. All aspects of the design will be finalized to prepare a complete set of constructible bid documents for advertisement. The schedule and the cost estimate will be updated and formatted to its final form. ENGEO will provide as-needed geotechnical consultation to support the preparation of contract documents at each submittal phase.

Consultant will work with City and CalOES to ensure project specifications include required FEMA language and specifications for the City’s Pre Disaster Mitigation Grant.

Task assumptions include:

1. The City has the right to occupy all work areas either through direct rights-of-way or easement.

2. Topographic and planimetric surveying are not required. We will build contract document base mapping using record information and measurements obtained in the field.

3. Nearby geotechnical borings and CPTs obtained during the levee improvement project are sufficient for the geotechnical and structural analyses required for engineering design of this project. Additional subsurface exploration and laboratory analyses are not anticipated.

6.6 Attachment 2 - Task Order S&W-2025-01

92 Task 3 Deliverables
▪60% PS&E
▪90% PS&E
▪QA/QC report
▪Final bid package ready for advertisement
Task 4: Environmental Documentation and Regulatory Compliance Based on knowledge to date, project work to rehabilitate the storm drainage infrastructure will occur within occupied footprints necessitating limited encroachment into waters of the United States (the lagoon, assuming the trash racks are expanded). This scope of work assumes this project to be categorically exempt from CEQA. Though the project does not appear to require a NEPA Environmental Impact Assessment, a percentage of the work is federally funded. For this reason, FEMA may need to determine if the project may affect federally listed species to comply with NEPA. Huffman-Broadway Group will confirm these assumptions and prepare the appropriate studies that FEMA may need to make that determination.

Without significant encroachment into jurisdictional water or potential adverse biological resource impacts, the project should qualify for a USACE Section 404 Nationwide Permit 3- Maintenance and a RWQCB 401 Water Quality Certification.

The State Water Board’s Construction Stormwater General Permit will be followed for storm water pollution prevention.

The only project activity within BCDC Jurisdiction, including its 100-foot shoreline band, is the maintenance removal of sediment from the Third Avenue culverts and afterbay, which will require the installation of a temporary cofferdam within the concrete footprint of the existing Bay outfall reconstructed with the levee improvements. We anticipate that administrative action is all that will be necessary.

There is no impact to public access, and the Bay Trail will not need to be closed or detoured for a significant length of time. Short-duration construction access to install a temporary cofferdam at the pump station outfall will occur from the Bay Trail, with appropriate flagging required. We do not anticipate the need to drive temporary sheet piles and can direct the contractor to use other means.

The CARB oversees the work of local air pollution control districts, including the Bay Area Air Quality Management District (BAAQMD), which will issue a permit to construct and a permit to operate stationary sources of emissions, including the four new engine drive units. CARB requirements for emissions control will be defined in the PDR and implemented through specifications written as part of Task 3. Responsibility for obtaining the BAAQMD permits will be placed on the engine manufacturer and supplier through the contractor. Consultant will support this process as part of Tasks 2, 3, 5, and 6, most notably through the submittal process.

Task 4 Deliverables
▪Completed building permit application with responses for each round of review. ▪Categorical exemption letter
▪NEPA opinion memorandum
▪Completed USACE Section 404 Nationwide Permit 3 application (with answers to any questions from USACE, permit fees to be paid by City)

6.6 Attachment 2 - Task Order S&W-2025-01

93 ▪RWQCB 401 Water Quality Certification application (with answers to any questions from USACE, permit fees to be paid by City)
▪Request for BCDC administrative action
Optional Tasks
▪Prepare California Department of Fish and Wildlife 1602 LSAA application ▪Prepare CEQA Biological Assessment (BA) in support of a Categorical Exemption Task 5: Bidding Support
This task includes completing the set of documents for public bid based on review comments to the 90% PS&E completed as Task 3.2 and supporting the City as they advertise the construction documents for public bid, through to award of the contract. Due to the advanced technical nature of construction, we recommend pre-qualifying contractors for bid. Bidding support includes:

1. Bidder prequalification documents and package reviews as requested.

2. Preparation of materials for and attendance at pre-bid meeting and site tour.

3. Answering bidder questions and responding to requests for clarification through the City’s Project Manager.

4. Preparation of bid addenda and revisions to the plans and specifications (conform set).

5. Assist City with evaluation of lowest responsible bidder.

Task 6: Engineering Support During Construction
While the level of effort needed to support construction is not fully known at this time, the Consultant has provided a budgetary estimate for cost of support. Before approval of the construction agreement, the City and Consultant shall revisit this scope and fee to ensure it still covers the necessary scope and budget to support the project.

The design and permitting team will be available throughout construction to provide the required engineering and biological support. Engineering support during construction includes:

1. Preconstruction conditions

2. Preparation of materials for and attendance at pre-construction meeting.

3. Periodic construction meetings and site visits.

4. Fish relocation when the site is dewatered (optional).

5. Contractor submittal review

6. Respond to Requests for Information (RFIs).

7. Supplemental plans and specifications.

8. Change order request review.

9. Provide Recommendations to City on all claims of City and Contractor

10. Review Contractor change markups throughout construction for use in Task 7.

11. Walk throughs, punch lists, and job closeout assistance.

The following services are not included:

1. Construction management

2. Resident engineering

3. Daily inspection

4. Material testing

5. Surveying

6.6 Attachment 2 - Task Order S&W-2025-01

94 Task 7: Record Drawings and Warranty Inspection
At project closeout, the Contractor change markups will be used, along with our own notes, to prepare record drawings. We will support the City as it certifies Final Completion and starts the warranty period. Near the close of the general warranty period (noting that much of the newly installed equipment will have extended warranties), we will provide a warranty inspection together with City engineering and operating staff and provide a list of warranty corrections as applicable. Once warranty repairs are completed, we will sign off on those repairs to close this phase of work.

Task 7 Deliverables
•Record Drawings - digital
•Warranty Inspection one year after final completion

6.6 Attachment 2 - Task Order S&W-2025-01

95 MANAGEMENT AND PROJECT CONTROLS
In performing the Scope of Services, the CONSULTANT shall, at a minimum, execute the management and project controls described below:

The CONSULTANT’s Project Manager will be responsible for the work including implementing the project management procedures and controls; and maintaining effective communications among the sub-consultants, the CITY, and other involved agencies and organizations for the duration of the project.

The working interface between the CONSULTANT and the CITY shall be defined as follows:

CONSULTANT shall submit to the CITY a monthly invoice whose format that shall include:
•List of CONSULTANT personnel, hourly rate and hours expended during the month in question along with a subtotal for CONSULTANT staff labor effort. •Itemized list of any sub-consultant staff who performed professional services during the month in question, hourly rates and hours worked during that time period and a subtotal for the subconsultants.
•Summary of all costs for labor, sub-consultant labor with mark up, other direct costs and all supporting material from the sub-consultants.

To support each invoice, the CONSULTANT shall furnish project updates that shall include the following:
•A summary of specific accomplishments during the reporting period, anticipated accomplishments scheduled for the next reporting period, and results or other deliverables, etc.
•A cost summary for each specific task, that shows:
oThe current period and cumulative expenditures to date. oThe approved budget.
oA comparison of the estimated cost with the approved budget to show any variance.

Payment shall be made upon the completion of each specific consultant task as delineated in the project schedule.

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

6.6 Attachment 2 - Task Order S&W-2025-01

96 SCHEDULE
End of Exhibit A

6.6 Attachment 2 - Task Order S&W-2025-01

97 EXHIBIT B
Payment Schedule

DESCRIPTIO
N

S&W BCA TJC HBG ENGE
O
TOTAL
1 Project
Management
$105,11
4 $7,700 $112,81
4 2 Preliminary
Engineering
$102,24
5 $57,400 $28,136 $6,000 $10,00
0 $203,78
1 3 Prepare
PS&E
$169,74
7 $146,85
0 $62,176 $7,000 $385,77
3 4
Environmental
Documentatio
n & Permitting
Compliance
$7,348 $1,310 $8,216 $59,00
0 $75,874
5 Bidding
Support $30,172 $6,925 $6,342 $43,439
6 Construction
Support $62,367 $52,190 $27,988 $7,000 $149,54
5 7
Record
Drawings &
Warranty
Inspection
$8,047 $10,860 $1,912 $20,819
TOTAL $485,04
0 $275,53
5 $142,47
0 $65,00
0 $24,00
0 $992,04
5 Note: No Mark-up on all Subs

6.6 Attachment 2 - Task Order S&W-2025-01

98 Amendment One to Master
Professional Services Agreement Amendment One

FIRST AMENDMENT TO THE

MASTER PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT AND

SCHAAF & WHEELER

This First Amendment to the Master Professional Services Agreement (“Amendment One”) is entered into as of __________, 2025 (“Amendment Effective Date”), by and between the City of Foster City/Estero Municipal Improvement District (“City/District”) and Schaaf & Wheeler, Consulting Civil Engineers, Inc. (“Consultant”). City and Consultant shall be referred to collectively herein as “Parties,” and individually as a “Party.”

RECITALS
WHEREAS, the Parties entered into that certain Master Professional Services Agreement for Water and Wastewater Engineering Services dated as of the 21st day of January 2025 (“Agreement”); WHEREAS, the City/District will be using money received from the federal government to pay all or a part of the compensation to Consultant for its services under particular Task Orders; WHEREAS, the federal government requires certain clauses to be included in agreements where federal money will be used in the agreement;
WHEREAS, Section 17 of the Agreement provides that any modification of the Agreement shall be effective only upon a written execution signed by both City/District and Consultant; NOW, THEREFORE, by the signatures of their authorized representatives below, the Parties agree as follows:

Consultant agrees to adhere to the federally-required provisions included in Exhibit “1” "Federal Provisions," hereto and incorporated herein by reference, when required, as stated in any Task Order issued under the Agreement. If there is a conflict between any provision in Exhibit “1” and the body of this Agreement, Exhibit “1” shall control.

SECTION 2. AUTHORITY
Each Party represents to the other Party that this Amendment has been executed in compliance with the requirements of Article 17 of the Agreement.

6.6 Attachment 3 - Amendment to Master Services Agreement

99 Amendment One to Master
Professional Services Agreement Amendment One
SECTION 3. GENERAL PROVISIONS
Capitalized terms used but not defined in this Amendment shall have the meanings assigned to them in the Agreement. In the event of a conflict between any provision of the Agreement and a provision of this Amendment, the provision of this Amendment shall control. Except as otherwise amended by this Amendment, all of the terms and conditions of the Agreement shall remain in full force and effect. This Amendment may be executed in counterparts, each of which shall be deemed to be an original, and all of such counterparts shall together constitute one executed original instrument.

IN WITNESS WHEREOF, the Parties have executed this Amendment, as of the Amendment Effective Date.
“City/District” CITY OF FOSTER CITY/ESTERO MUNICIPAL

IMPROVEMENT DISTRICT
By:

Stacy Jimenez
Mayor/President
Attest:

By:

Priscilla Schaus
City Clerk/District Secretary
Approved as to Form:

By:

Benjamin Stock
City Attorney
“Consultant” SCHAAF & WHEELER CONSULTING CIVIL
ENGINEERS, INC.

By:

Charles D. Anderson
Principal-in-Charge

6.6 Attachment 3 - Amendment to Master Services Agreement

100

Amendment One to Master
Professional Services Agreement Amendment One
EXHIBIT “1”

FEDERAL PROVISIONS
A. Equal Employment Opportunity
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.

Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary

6.6 Attachment 3 - Amendment to Master Services Agreement

101

Amendment One to Master
Professional Services Agreement Amendment One
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the

6.6 Attachment 3 - Amendment to Master Services Agreement

102

Amendment One to Master
Professional Services Agreement Amendment One
applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

B. Contract Work Hours and Safety Standards Act
Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in 29 C.F.R. § 5.5(b)(1), the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in 29 C.F.R. § 5.5(b)(1), in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in 29 C.F.R. § 5.5(b)(1). (3) Withholding for unpaid wages and liquidated damages. The City of Atascadero shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in 29 C.F.R. §

5.5(b)(2).
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in 29 C.F.R. § 5.5(b)(1)-(4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 C.F.R. § 5.5(b)(1)-(4).

C. Clean Air Act and Federal Water Pollution Control Act i. Clean Air Act

6.6 Attachment 3 - Amendment to Master Services Agreement

103

Amendment One to Master
Professional Services Agreement Amendment One

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

2. The contractor agrees to report each violation to the City of Atascadero and understands and agrees that the City of Atascadero will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency (FEMA) and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.
ii. Federal Water Pollution Control Act

1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.

D. Suspension and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The contractor must comply with 2 C.F.R. Part 180, subpart C and 2C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by City of Atascadero. If it is later determined that the contractor did not comply with 2 C.F.R.

Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to City of Atascadero, the federal government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part

6.6 Attachment 3 - Amendment to Master Services Agreement

104

Amendment One to Master
Professional Services Agreement Amendment One
180, subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

E. Byrd Anti-Lobbying Amendment
Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the federal awarding agency.

Required Certification. If applicable, contractors must sign and submit to the non- federal entity the following certification:

APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING

LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including

6.6 Attachment 3 - Amendment to Master Services Agreement

105

Amendment One to Master
Professional Services Agreement Amendment One
subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, _______________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
________________________________________
Signature of Contractor’s Authorized Official
________________________________________
Name and Title of Contractor’s Authorized Official
_________________
Date
F. Procurement of Recovered Materials
i. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—
•Competitively within a timeframe providing for compliance with the contract performance schedule;
•Meeting contract performance requirements; or
•At a reasonable price.
ii. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines webpage:
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. iii. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

G. Prohibition on Contracting for Covered Telecommunications Equipment or Services

6.6 Attachment 3 - Amendment to Master Services Agreement

106

Amendment One to Master
Professional Services Agreement Amendment One
Prohibition on Contracting for Covered Telecommunications Equipment or Services (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause—
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to:

6.6 Attachment 3 - Amendment to Master Services Agreement

107

Amendment One to Master
Professional Services Agreement Amendment One
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and
ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification:

The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.

H. Domestic Preferences for Procurements
Domestic Preference for Procurements
As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.

For purposes of this clause:

Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

6.6 Attachment 3 - Amendment to Master Services Agreement

108

Amendment One to Master
Professional Services Agreement Amendment One
Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

I. Compliance with the Davis-Bacon Act
a.All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 31413144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
b.Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the
Secretary of Labor.
c.Additionally, contractors are required to pay wages not less than once a week.

J. Compliance with the Copeland “Anti-Kickback” Act.
a.Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
b.Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
c.Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

K. Access to Records
The following access to records requirements apply to this contract:
(1)The Contractor agrees to provide the City of Foster City/, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and

6.6 Attachment 3 - Amendment to Master Services Agreement

109

Amendment One to Master
Professional Services Agreement Amendment One
records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2)The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3)The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
(4) In compliance with the Disaster Recovery Act of 2018, the (write in name of the non-federal entity) and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

L. DHS SEAL, LOGO, AND FLAGS
The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

M. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS
This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.

N. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR

RELATED ACTS
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.

6.6 Attachment 3 - Amendment to Master Services Agreement

110

DATE: June 2, 2025

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

FROM: Andrew Brozyna, Public Works Director
DEPARTMENT: Public Works
SUBJECT: ONE-YEAR EXTENSION TO THE WATER/WASTEWATER RATE ASSISTANCE PROGRAM (W/WRAP) UNTIL JUNE 30, 2026

RECOMMENDATION
It is recommended that the Board of Directors of the Estero Municipal Improvement District (District Board) adopt a resolution approving a one-year extension to the Water/Wastewater Rate Assistance Program (W/WRAP) through June 30, 2026, and unless further extended by the District Board, will automatically sunset at the conclusion of this period, and finding the approval of the extension is exempt from review under the California Environmental Quality Act (CEQA), Section 15061(b)(3).).

EXECUTIVE SUMMARY
W/WRAP provides financial relief to eligible applicants through a $15 monthly discount per water and wastewater account. Extending the program for an additional year will continue supporting qualified participants and help ease the financial strain of essential services. This program aligns with EMID’s commitment to social equity.

As of May 1, 2025, 38 customers are enrolled in W/WRAP, with an annual fiscal impact of $13,680. If participation levels remain consistent in FY 2025-2026, available funding will sufficiently cover program costs, as the Preliminary Budget allocates $9,000 each for water and wastewater rate assistance from non-rate sources. Additionally, as of May 1, 2025, delinquent payment penalties of $53,000 for water and $64,000 for wastewater are adequate to sustain the program, even with potential increases in enrollment. Staff

6.7 6.7 Staff Report

111

recommends extending W/WRAP from July 1, 2025, to June 30, 2026, ensuring continued support for eligible customers.

Minor adjustments have been made to program guidelines and the application form (Attachments 2 and 3).

BACKGROUND/ANALYSIS
In May 2020, the District Board approved the W/WRAP program to assist customers with financial needs. Since its launch in July 2020 under EMID Resolution No. 3513, W/WRAP has undergone four (4) extensions via EMID Resolution Nos. 3585, 3651, 3727, and 3761, extending the program through June 30, 2025. These extensions ensure ongoing financial assistance for customers in need. Additionally, the resolution granted the District Board the authority to approve further program continuations.

W/WRAP eligibility follows PG&E’s California Alternate Rates for Energy (CARE) program. EMID customers must apply and provide proof of enrollment in the PG&E CARE program or other income documentation.

Among the 975 Foster City customers enrolled in PG&E CARE, approximately 325 customers may qualify for W/WRAP. Multi-family units without separate meters or individually paid utility bills are ineligible.

At full participation, the $15 monthly discount per water and wastewater account could cost up to $117,000 annually. With 38 current participants, the annual fiscal impact is $13,680.

Under the proposed FY 2025-2026 rates, residential water meters have a fixed charge of $31.30, and water usage up to 20 units per billing cycle is billed at $6.80 per unit. This results in an average monthly residential water bill of $85.70 ($31.30 for the meter + $54.40 for water usage). The wastewater collection rate is $133.49 per month for single- family homes and $112.13 for separately metered multi-family units.

A $30 monthly W/WRAP credit ($15 for water + $15 for wastewater) reduces an average bill by 15% for eligible customers. Since the credit is fixed, lower water users benefit more significantly, while higher users receive a lower percentage discount, thus aligning with EMID’s water conservation goals.

Note that the program automatically sunsets at the end of each annual extension.

However, if funding remains consistent with historical trends and can sustain program costs staff will continue recommending its renewal to City Council to ensure its ongoing benefits to the community

6.7 6.7 Staff Report

112

CEQA
The resolution extending W/WRAP qualifies for CEQA’s common sense exemption, as CEQA applies only to projects with potential significant environmental impact. Since this activity poses no significant environmental effect, it is not subject to CEQA (CEQA Guideline Section 15061(b)(3)).

FISCAL IMPACT
With the current enrollment, the annual fiscal impact of W/WRAP is $13,680. If all estimated eligible customers participated, program costs could rise to $117,000 per year.

Under Proposition 218, W/WRAP must be funded by non-rate revenues; therefore, revenues from delinquent payment penalties will be used to fund this program. In the first ten months of FY 2024-2025, delinquent water penalties generated $53,000, and delinquent wastewater penalties contributed $64,000. There are sufficient funds available to fund the program in each enterprise.

Other potential sources include the Community Benefits Fund, Construction and Demolition forfeitures, or General Fund revenue.

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

Attachment 1 –Resolution
Attachment 2 – W/WRAP Program Guidelines
Attachment 3 – W/WRAP Application FY 2025-2026

6.7 6.7 Staff Report

113

3 4
0 9
RESOLUTION NO.

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING A ONE-YEAR EXTENSION OF THE

WATER/WASTEWATER RATE ASSISTANCE PROGRAM (W/WRAP) THROUGH JUNE 30, 2026, AND UNLESS FURTHER EXTENDED BY THE DISTRICT BOARD, WILL AUTOMATICALLY SUNSET AT THE CONLUSION OF THIS PERIOD; AND

FINDING THE APPROVAL OF THE EXTENSION IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) 15061(b)(3)

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the District anticipates increases in both Water and Wastewater Rates over the next five years; and
WHEREAS, in response to projected rate increases, the EMID Board established a Pilot Water/Wastewater Rate Assistance Program (W/WRAP) in Fiscal Year 2020-2021 for customers demonstrating financial need; and
WHEREAS, W/WRAP provides a $15 monthly discount for both water and wastewater accounts; and
WHEREAS, the program was extended until June 30, 2025, at which time it will automatically sunset unless extended by the EMID Board; and WHEREAS, a non-rate revenue source must be used to offset program costs to ensure compliance with California Proposition 218;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District hereby:

1. Extends W/WRAP, providing a $15 monthly discount for both water and wastewater accounts for eligible customers, through June 30, 2026, at which time the program will automatically sunset unless extended by the EMID Board;

2. Approves the use of delinquent payment fees as the revenue source to fund the program for Fiscal Year 2025-2026;

3. Authorizes the District Manager or designee to maintain and update program guidelines and materials as necessary for effective administration; and

4. Finds that the adoption of this resolution is exempt from CEQA under the common sense exemption, as CEQA applies only to projects with the potential for significant environmental impacts. Since this activity has no such impact, it is not subject to CEQA per CEQA Guideline Section 15061(b)(3).

6.7 Attachment 1 - Resolution

114

3 4
0 9
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at its regular meeting on the 2nd day of June 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________

STACY JIMENEZ, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.7 Attachment 1 - Resolution

115

Estero Municipal Improvement District
Water/Wastewater Rate Assistance Program (W/WRAP)
Program Guidelines
1 | P a g e Rev 2025-07-01
The intent of the Estero Municipal Improvement District Water/Wastewater Rate Assistance Program (W/WRAP) is to provide rate relief to account holders who demonstrate need. In recognition of increases in the Water and Wastewater Rates, the Estero Municipal Improvement District implemented this discount program to make rates more affordable for qualifying customers.

The following guidelines govern the specific procedures and qualifications for this incentive program.

1. About the Program
a. Effective Dates. Funding for the program is authorized, and applications will be accepted as of July 1, 2020. Discounts will not be applied retroactively.
b. Discount Amount. Customers meeting the eligibility and qualification requirements below shall be granted a discount of up to $15 per month each on their qualifying Water and Wastewater accounts. In no case shall the discount exceed the amount of the monthly bill. c. Discounts will be applied to accounts as of the month following enrollment into the program and will be in force for a two-year qualification period unless program is terminated. Requalification is required every two years.

2. Customer Eligibility
a.The EMID Water bill must be in the applicant’s name.
b.Applicant must reside at the address to which the discount applies. c.Applicant’s home may not share a water meter with another home. d.Another person (besides the applicant’s spouse) may not claim the applicant as a dependent on an income tax return.
e.Applicant must demonstrate eligibility requirements and submit required documentation. f.The account must be in good standing.

3. Required Documentation.
a.Program Application - Submit the most current version of the Program Application form, which can be found on the City of Foster City website: www.fostercity.org b.Documentation of need under one of the following three qualification categories:

A. ENROLLMENT IN PG&E’S RATE ASSISTANCE CARE PROGRAM – Submit a current PG&E bill showing enrollment in CARE program

6.7 Attachment 2 - WWRAP Program Guidelines

116

Estero Municipal Improvement District
Water/Wastewater Rate Assistance Program (W/WRAP)
Program Guidelines
2 | P a g e Rev 2025-07-01
B. PARTICIPATION IN PUBLIC ASSISTANCE PROGRAM(S) – Submit WIC voucher, recent award letter(s) OR letter of participation in one or more of the following program(s) •Women, Infants, and Children (WIC)
•CalFresh/SNAP (Food Stamps)
•CalWORKs (TANF) or Tribal TANF
•Head Start Income Eligible (Tribal Only)
•Supplemental Security Income (SSI)
•Medi-Cal for Families (Healthy Families A & B)
•National School Lunch Program (NSLP)
•Bureau of Indian Affairs General Assistance
•Medicaid/Medi-Cal
•Pacific Gas and Electric Company Low Income Home Energy Assistance Program (LIHEAP)
C. MAXIMUM HOUSEHOLD INCOME THRESHOLD – Submit documentation of total of all household members' incomes from all eligible sources. Maximum qualifying total gross annual household income is listed in the most current W/WRAP application. Income sources include, but are not limited to the following:
•Wages
•Salaries
•Interest and dividends
•Spousal and child support payments
•Public assistance payments
•Social Security and pensions
•Housing and military subsidies
•Rental income
•Self-employment income
•Employment-related, non-cash income

4. Other Program Requirements
a.Program Participants must notify EMID within 30 days if the household no longer qualifies for the W/WRAP discount.
b.Program participants must requalify every two years.
c.Program participants must reapply if they move within the EMID Service Area. d.Program participants may be required by EMID to provide current proof of qualifying income at any time during enrollment in the program.
e.EMID reserves the right to amend or modify qualification requirements for new or renewing participants at any time. Qualifications will not be altered for existing participants during their two-year qualification period.

6.7 Attachment 2 - WWRAP Program Guidelines

117

Estero Municipal Improvement District
Water/Wastewater Rate Assistance Program (W/WRAP)
Program Guidelines
3 | P a g e Rev 2025-07-01
f.The incentive program may be terminated by the EMID at any time without notice.

5. Contact Information
All correspondence regarding this program should be addressed to:

Estero Municipal Improvement District
Water/Wastewater Rate Assistance Program
610 Foster City Boulevard
Foster City, CA 94404
[email protected]
(650) 286-3260

6.7 Attachment 2 - WWRAP Program Guidelines

118

Income Qualification
(7/1/2025 - 6/30/2026)
Household Size Total Gross Annual Income
1-2 Persons $39,440
3 Persons $49,720
4 Persons $60,000
5 Persons $70,280
Each additional person, add $10,280
Application
If you are eligible and would like to participate, Submit PG&E bill showing enrollment in the CARE program or other proof of income required by this application along with the completed application to:

Estero Municipal Improvement District
Water/Wastewater Rate Assistance Program (W/WRAP)
610 Foster City Boulevard
Foster City, CA 94404
Estero Municipal Improvement District
Water/Wastewater Rate Assistance Program (W/WRAP)
Program Description
The W/WRAP is intended to provide rate relief to eligible and qualified account holders who demonstrate need by providing up to $15 per month each on their qualifying Water and Wastewater accounts, not to exceed a $30 per month discount per customer. In no case shall the discount exceed the amount of the monthly bill.

A copy of a PG&E bill showing enrollment in the CARE rate assistance program along with this completed application will qualify applicants for the W/WRAP program. Customers who do not participate in CARE can qualify by submitting the application and other documentation of income identified in this application. Once the application is processed and the account is enrolled, the discount will automatically appear on the following month’s bill.

Program Qualification
To qualify for the discount, you must meet the following requirements:
•The bill must be in your name.
•You must reside at the address to which the discount applies. •Your home may not share a water meter.
•Another person (besides your spouse) may not claim the applicant as a dependent on an income tax return.
•You must demonstrate that you meet the eligibility requirements and attach proof of eligibility.
•The account must be in good standing.

6.7 Attachment 3 - WWRAP Application FY 2025-2026

119

APPLICATION FOR WATER/WASTEWATER

RATE ASSISTANCE PROGRAM (W/WRAP)
(Please type or print legibly)
1 I am a primary residential customer of Estero Municipal Improvement District
(Application must be in the account holder’s name)
______________________________________
Name as shown on your EMID account
_______________________________________
Address where you receive water service
-
EMID Account Number (11 digits)
Daytime Phone: __________________________
Email Address: ____________________________
# of Adults: _________ of Children: _________
Total residents in household: _______________
2A Public Assistance Program Eligibility
CHECK all programs you participate in, then GO TO section 3 PG&E’s CARE program
Medicaid/Medi-Cal (age 65 and older)
SSI
Food Stamps/SNAP
LIHEAP
WIC
Healthy Families A & B
TANF or Tribal TANF
NSL FREE Lunch Program
Bureau of Indian Affairs General Assistance
Head Start Income Eligible (Tribal Only)
If you do not participate in any of the above programs, GO TO section 2B
2B Household Income Eligibility
Check all sources of household income.
Pensions
Social Security
SSP, SSDI
Interests/Dividends from: Savings Accounts, Stocks, Bonds or Retirement Accounts
Wages and/or Profits from Self-Employment
Rental or Royalty Income
Unemployment Benefits
Disability or Workers Compensation Payments
Scholarships, Grants or Other Aid for Living Expenses
Insurance or Legal Settlements
Spousal or Child support
Cash and/or Other Income
Total Annual Household Income
$ ,
3 Declaration (Read and Sign)
I state that the information I have provided in this application is true and correct. I agree to provide proof of income if asked. I agree to inform EMID if I no longer qualify to receive the discount. I understand that if I receive the discount without qualifying for it, I may be required to pay back the discount I received. I understand that EMID can share my information with other utilities or their agents for the purpose of enrolling me in their assistance programs.

X
Customer Signature Date

CITY APPROVAL
Public Works reviewed by Public Works approved by
Finance reviewed by Finance approved by

6.7 Attachment 3 - WWRAP Application FY 2025-2026

120

8 6
2 DATE: June 2, 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: Nate Cruz, Finance Director/Treasurer

SUBJECT: 3RD QUARTER FY 2024-25 FINANCIAL UPDATE

RECOMMENDATION
It is recommended that the City Council, by Minute Order, receive and accept the report on the 3rd Quarter FY 2024-25 Financial Update.

EXECUTIVE SUMMARY
City staff has prepared the attached Third Quarter FY 2024-25 Financial Update report (Attachment 1). General Fund revenues (Funds 001 to 003) for the nine-month period were $45.6 million.

Amended revenue and expenditure projections for the full year are $67.1 million and $61.7 million respectively, excluding the $5.75 million transfer to capital projects (Fund 301). Property Tax revenues, including ERAF refunds, are projected to reach $39.1 million. FY 2024-25 property tax in lieu of vehicle license fees (VLF) is anticipated to be $4.6 million, which includes an unbudgeted payment of $1.4 million to Foster City representing the shortfall from FY 2022-23. San Mateo County continues to work with the State for a permanent solution for VLF shortfalls. Transient Occupancy Tax (TOT) is anticipated to be at $4.3 million, approximately $400,000 lower than the budgeted amount. The City’s investment income is expected to exceed budget assumptions of $1.6 million and is projected to earn $2.1 million.

At the 9-month mark, General Fund (Funds 001 to 003) operating expenditures were

73.9% of its amended budget or $46.5 million and included the full year funding to San Mateo Consolidated Fire Department for the City’s shared costs for fire protection and

6.8 6.8 Staff Report

121

8 6
2 prevention services. The FY 2024-25 budget assumed full staffing for the entire year; however, the City’s normal vacancy rates are expected to continue until year end, resulting in lower than budgeted personnel costs.

Overall, staff projects a $307,000 General Fund deficit at year end as opposed to the originally budgeted deficit of $5.6 million. This updated projection includes approximately $1.2 million in unspent personnel cost at the 9-months mark, as well as the $5.75 million transfer to capital projects.

Expenditures for the City’s other Governmental Funds, Internal Service Funds, and the District’s Water and Wastewater Funds are performing generally as expected.

BACKGROUND/ANALYSIS
The City Council and City staff have committed to providing quarterly financial updates at City Council meetings to review quarterly financial performance and identify general economic trends and specific issues that may affect, positively and negatively, the City’s financial condition.

The report is intended to provide high-level financial information for the City Council, City Departments, and the community as a whole. Supplemental revenue and expenditure analyses are also provided for those readers desiring more detailed financial information.

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

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

Attachment 1 – Foster City Financial Update FY 2024-25 Q3 (for the nine months ended March 31, 2025)
Attachment 2 – Change in Fund Balances (for the nine months ended March 31, 2025) Attachment 3 – Comparison of Budget vs. Actual and Prior Year's Revenues (for the nine months ended March 31, 2025)
Attachment 4 – Comparison of Budget vs. Actual and Prior Year's Expenditures (for the nine months ended March 31, 2025)

6.8 6.8 Staff Report

122

Live, Work & Play
in Foster City
City of Foster City
Financial Services Dept.

Positive revenue growth trends for the fiscal year is expected to help reverse the projected General Fund deficit of $307,000 instead of the budgeted amount of $5.6 million.

UNBUDGETED IMPROVEMENTS IN THE INTER-

EST INCOME, PROPERTY TAXES IN LIEU OF

VEHICLE LICENSING FEES, BUSINESS LICENSE

TAX (BLT), PERMITS REVENUE AND PERSON-

NEL COSTS ARE DRIVING THE IMPROVED RE-
SULTS FOR FY 24/25.

Amended revenue and expenditure projections for
the full year are $67.1 million and $61.7 million re-
spectively. Property Tax revenues, including ERAF
refunds, are projected to reach $39.1 million. FY
2024-25 property tax in lieu of vehicle license fees
(VLF) is anticipated to be $4.6 million, which in-
cludes an unbudgeted payment of $1.4 million to
Foster City representing the shortfall from FY
2022-23. San Mateo County continues to work
with the State for a permanent solution for VLF
shortfalls.

Transient Occupancy Tax (TOT) is anticipated to
be at $4.3 million, approximately $400,000 lower
than the projected amount. The City’s investment
income is anticipated to exceed budget assump-
tions of $1.6 million and is projected to earn $2.1
million compared to $2.6 million in the prior fiscal
year.

At the 9-month mark, General Fund operating ex-
penditures were 73.9% of its amended budget or
$46.5 million and included the full year funding to
San Mateo Consolidated Fire Department for the
City’s shared costs for fire protection and preven-
tion services. The FY 2024-25 budget assumes full
staffing for the entire year. Normal vacancy rates
through the 9- months mark are expected to contin-
ue until year end, resulting in lower than budgeted
personnel costs.

Overall, staff projects a $ 307,000 deficit at year end as opposed to the originally budgeted deficit of $5.6
million. This updated projection includes approxi-
mately $1.2 million in unspent personnel cost at the
9-months mark.

Expenditures for the City ’s other Governmental
Funds, Internal Service Funds, and the District’s Wa-
ter and Wastewater Funds are performing generally
as expected.

Foster City Financial
Update FY 24/25 Q3

6.8 Attachment 1 - Foster City Financial Update FY 2024-25 Q3 (for the nine months ended March 31, 2025)

123

Attachment 2

CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT

CHANGE IN FUND BALANCES
FOR THE NINE MONTHS ENDED MARCH 31, 2025

CAPITAL ASSETS/ AVAILABLE
TOTAL
FUND
ACTUAL
FY 2024-25

REVENUES
9 MONTHS
ACTUAL
FY 2024-25
TOTAL
FUND

NON-SPENDABLE/ (UNRESTRICTED)

RESTRICTED/

COMMITTED/
ASSIGNED*
FUND

BALANCE
AS OF 7/1/2024

EXPENDITURES
9 MONTHS

TRANSFERS
IN

TRANSFERS
OUT

BALANCE
AS OF 3/31/25

BALANCE
AS OF 3/31/25*
001 GENERAL FUND
002 EMID
003 RECREATION
GENERAL FUND (001-003)
$
$
$
$
$
$
$
$
$
$
$
$
61,477,746
2,396,710
-
$
$
$
$
$
$
$
$
$
$
$
$
17,913,010 $ (44,321,787) $
$
$
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
$
$
$
$
$
$
$
$
$
$
$
$
(5,750,000) $
$
$
$
$
$
$
$
$
$
$
$
29,318,969
28,075,393
(172,549)
57,221,813
1,008,966
45,140
$
$
(118,393) $
$
$
$
$
$
$
$
$
$
$
$
29,200,576
28,075,393
(172,549)
57,103,420
1,008,966
45,140
25,817,539
1,853,204
45,583,753
35,892
1,484
$
$
(138,856) - -
(2,025,753) -
63,874,456
1,116,780
43,656
$ (46,486,396) (5,750,000) $
$
$
$
$
$
$
$
$
(118,393)
005
006
007
008
009
010
011
012

GENERAL FUND - COMMUNITY BENEFITS PROGRAM

GENERAL FUND - DARE
$
$
$
$
$
$
$
$
(143,706) -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-

GENERAL FUND - SOLAR INCENTIVE GRANT PROGRAM

GENERAL FUND - RENTAL ASSISTANCE PROGRAM

GENERAL FUND - ASSET SEIZURE/FORFEITURE

GENERAL FUND - PENSION STABILIZATION

GENERAL FUND - FACILITIES REPLACEMENT

GENERAL FUND - SUSTAINABLE FOSTER CITY
52,502 1,771 (2,000) 52,273 52,273
64,710 2,200 - 66,910 66,910
25,998 17,235
3,362
- 43,233 43,233
98,869 -
-
102,231
2,676,949
323,090
102,231
2,676,949
323,090
2,588,919
263,605
88,030
13,100 (3,615) 50,000
TOTAL ALL GENERAL FUND (FUNDS 001-009) $ 68,129,495 $ 45,746,827 $ (46,635,717) $ 50,000 $ (5,750,000) $ 61,540,605 $ (118,393) $ 61,422,212

SPECIAL REVENUE FUNDS
101 TRAFFIC SAFETY
102 MEASURE "A"
103 GAS TAX
104 PARK-IN-LIEU FEES
105 MEASURE "M"
108 SLESF/COPS GRANT
114 CALOPPS
116 FOSTER CITY FOUNDATION
119 SB 1 ROAD MAINTENANCE AND REHAB
122 HOUSING SUCCESSOR-LMIHF
124 FC AFFORDABLE HOUSING FUND
128 GENERAL PLAN MAINTENANCE
129 CONSTRUCTION AND DEMO RECYCLING
130 TECHNOLOGY MAINTENANCE
131 SB 1186
132 SMIP FEE
133 CRV GRANT FUND
134 CURBSIDE RECLYCLING
135 GREEN BUILDING FEE
136 MEASURE W
137 COMMERCIAL LINKAGE FEE
138 TENANT RELOCATION ASSISTANCE
139 WORKFORCE HOUSING
140 EQUIPMENT REPLACEMENT-WORKFORCE HOUSING
141 SB 1383 IMPLEMENTATION
142 PARK FACILITIES IMPACT FEE
143 PUBLIC SAFETY IMPACT FEE
144 TRANSPORTATION IMPACT FEE
145 LOCAL HOUSING TRUST
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
6,279
5,212,616
533,373
3,036,716
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
30,479
793,840
685,700
92,725
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
(30,000) $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
- $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
6,758
4,663,158
762,273
2,384,441
-
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
- $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
6,758
1,354,302
262,323
2,384,441
-
(1,343,298) - (3,308,856)
(456,800) - (499,950)
(745,000) - -
- - -
- 181,577
416,558
24,729
604,541
132,277
24,344
1,071,586
82,078
172,549
8,391
(181,577) - - - -
656,709
388,237
1,793,579
2,561,517
4,733,651
2,287,171
772,718
209,928
47,249
5,801
(390,845) - 682,422
349,378
2,398,120
2,642,042
4,757,995
3,191,924
757,992
307,020
55,422
6,935
- 682,422
349,128
1,198,120
2,642,042
4,757,995
3,191,924
757,992
307,020
55,422
6,935
(63,588) - (250)
- - (1,200,000)
(51,752) - -
- - -
(166,833) - -
(46,804) (50,000) -
(75,457) -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
(218) -
1,134 - -
11,115
278,024
7,675
8,836 (5,245) 14,706
287,478
8,276
- 14,706
287,478
8,276
9,454 - -
601 - -
1,471,549
5,467,173
244,933
-
290,854
185,780
8,328
- 1,762,403
5,652,953
253,261
321,156
64,359
47,020
19,918
63,673
199,397
-
(1,575,000) 187,403
5,652,953
253,261
321,156
64,359
47,020
19,918
63,673
199,397
-
- -
-
-
-
-
-
-
-
-
-
507,214
18,364
2,666
(186,058)
45,995
83,354
568,798
61,579
192,840
-
-
(39,000)
11,420
2,094
(560,300)
-
-
-
6,557
-
TOTAL SPECIAL REVENUE FUNDS $ 30,678,578 $ 5,374,676 $ (4,342,775) $ - $ (50,000) $ 31,660,479 $ (6,584,056) $ 25,076,423

Page 1 of 2 ends

Foster City City CouncilJune 2, 2025

Foster City City Council
June 2, 2025