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

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

To Attend the Meeting in Person:

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

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

To Observe the Meeting via Teleconference/Video Conference:

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

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

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

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

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

AGENDA
Tuesday, September 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 Declaring September 2025 as "National Emergency Preparedness Month"

4.2. A Proclamation Declaring September 2025 as “Suicide Prevention 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 August 18, 2025

6.2. An Ordinance of the City of Foster City Making Various Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code – Chapter 17.78 Accessory Dwelling Units to Ensure Compliance with State Laws Related to Accessory Dwelling Units and Finding the Proposed Amendments Exempt Under California Environmental Quality Act (CEQA) Guideline Section 15061(B)(3), Common Sense Exemption and Public Resources Code Section 21080.17 – Rz20250004 (First Reading on August 18, 2025) a) Adopt Ordinance

6.3. A Resolution of the City Council of the City of Foster City Authorizing the Purchase of Police Department Lockers from Space and Systems, Inc. in the Amount of $219,999.25
a) Staff Report
b) Adopt Resolution

6.4. A Resolution of the City Council of the City of Foster City Approving an Amendment to the License Agreement with Island United Church (IUC) and an Amendment to the Memorandum of Understanding with the Foster City Community Garden Association and IUC to Authorize Installation of Additional Garden Boxes at the Foster City Community Garden Located at 1130 Balclutha Drive
a) Staff Report
b) Adopt Resolution

6.5. a) A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan for Fiscal Year 20252026, Effective September 9, 2025; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Pay Plan for Fiscal Year 20252026, Effective September 9, 2025
c) Staff Report
d) Adopt Resolutions

7. PUBLIC HEARINGS

7.1. A Public Hearing to Hear and Consider Comments Regarding Amendments to Title 2, “Administration and Personnel”; Title 15, “Building and Construction”; and Approving a Resolution Adopting a New Fee for Appeals to the Board of Appeals of the Foster City Municipal Code a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action An Ordinance of the City of Foster City Amending Section

2.28.090 within Chapter 2.28, “Planning,” of Title 2, “Administration and Personnel” of the Foster City Municipal Code to Add Duties of Board of Appeals to the Planning Commission and Finding the Amendments Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
f) Action An Ordinance of the City of Foster City Repealing and Replacing Sections 15.02.120, “Means of Appeals” Adopting by Reference and Amending Section 113 of the California Building Code;15.04.110, “Board of Appeals” Adopting by Reference and Amending Section R112 of the California Residential Code; 15.06.080, “Means of Appeals” Adopting by Reference and Amending Section 112 of the California Existing Building Code; 15.08.080, “Board of Appeals” Adopting by Reference and Amending Section 107.0 of the California Mechanical Code; 15.16.070, “Board of Appeals” Adopting by Reference and Amending Section 107.0 of the California Plumbing Code; and Adopting a New Section 15.20.190, “Board of Appeals” within Title 15, “Building and Construction” of the Foster City Municipal Code Adopting by Reference and Amending Section 89.108.8 of the California Electrical Code to Designate the Planning Commission as the Board of Appeals to Hear and Decide Appeals of Decisions Made by the Building Official; and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
g) Action — A Resolution of the City Council of the City of Foster City Establishing New Fee for Appeals to the Board of Appeals and Finding the Establishment of the Fee Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) i) Adopt Resolution

8. NEW BUSINESS

8.1. Consideration of Appointment of Voting Delegate and Alternate for the League of California Cities 2025 Annual Conference
a) Staff Report
b) Action – By Minute Order, Appoint Voting Delegate and Alternate

9. REPORTS

9.1. Informational Report on Local Reach Codes
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9.2. Overview of the Draft Parks and Open Space Element and Conservation Element
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

10. RESOLUTIONS FOR ADOPTION

10.1. Consideration of Adopting an Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County and an Updated Tier 2 Drought Response Implementation Plan
a) Staff Report
b) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving an Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County and Finding the Amendment Exempt from Review Under the California Environmental Quality Act (CEQA) 15378(b) (5), 15060(c)(2), 15301, and 15162(a)
c) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Tier 2 Drought Response Implementation Plan Pursuant to Section 3.11.C of the Amended and Restated Water Supply Agreement and Finding the Amendment Exempt from Review Under the California Environmental Quality Act (CEQA) 15378(b)(5), 15060(c)(2), 15301, and 15162(a)

10.2. Consideration of Approving Carryover of Various Unspent Fiscal Year 2024 25 Appropriations to the Fiscal Year 202526 Budget
a) Staff Report
b) Action – Adopt A Resolution of the City Council of the City of Foster City Approving the Carryover of Various Unspent Fiscal year 202425 Budget Line Items and Supplemental Appropriations to the Fiscal Year 202526 Budget
c) Action – Adopt A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Carryover of Various Unspent Fiscal year 202425 Budget Line Items and Supplemental Appropriations to the Fiscal Year 202526 Budget

10.3. A Resolution of the City Council of the City of Foster City Authorizing a Temporary Business License Tax Amnesty Program Which Includes Suspension of the Collection of Penalties Associated with Past Due Business License Taxes
a) Staff Report
b) Action – Adopt Resolution

11. COMMUNICATIONS

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

12. 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.

13. CLOSED SESSION

13.1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (one potential case) (See Attached)

13.2. Report Out from Closed Session

14. 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
Tuesday, September 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 Declaring September 2025 as "National Emergency Preparedness Month"

4.2. A Proclamation Declaring September 2025 as “Suicide Prevention 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 August 18, 2025

7. PUBLIC HEARINGS

8. NEW BUSINESS

9. REPORTS

9.1. Informational Report on Local Reach Codes
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9.2. Overview of the Draft Parks and Open Space Element and Conservation Element
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

10. RESOLUTIONS FOR ADOPTION

11. COMMUNICATIONS

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

13. CLOSED SESSION

13.1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (one potential case) (See Attached)

13.2. Report Out from Closed Session

14. 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
Tuesday, September 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 Declaring September 2025 as "National Emergency Preparedness Month"

4.2. A Proclamation Declaring September 2025 as “Suicide Prevention 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 August 18, 2025

7. PUBLIC HEARINGS

8. NEW BUSINESS

9. REPORTS

9.1. Informational Report on Local Reach Codes
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9.2. Overview of the Draft Parks and Open Space Element and Conservation Element
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

10. RESOLUTIONS FOR ADOPTION

11. COMMUNICATIONS

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

13. CLOSED SESSION

13.1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (one potential case) (See Attached)

13.2. Report Out from Closed Session

14. 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
Tuesday, September 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 Declaring September 2025 as "National Emergency Preparedness Month"

4.2. A Proclamation Declaring September 2025 as “Suicide Prevention 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 August 18, 2025

7. PUBLIC HEARINGS

8. NEW BUSINESS

9. REPORTS

9.1. Informational Report on Local Reach Codes
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9.2. Overview of the Draft Parks and Open Space Element and Conservation Element
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

10. RESOLUTIONS FOR ADOPTION

11. COMMUNICATIONS

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

13. CLOSED SESSION

13.1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (one potential case) (See Attached)

13.2. Report Out from Closed Session

14. 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
Tuesday, September 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 Declaring September 2025 as "National Emergency Preparedness Month"

4.2. A Proclamation Declaring September 2025 as “Suicide Prevention 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 August 18, 2025

7. PUBLIC HEARINGS

8. NEW BUSINESS

9. REPORTS

9.1. Informational Report on Local Reach Codes
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9.2. Overview of the Draft Parks and Open Space Element and Conservation Element
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

10. RESOLUTIONS FOR ADOPTION

11. COMMUNICATIONS

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

13. CLOSED SESSION

13.1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (one potential case) (See Attached)

13.2. Report Out from Closed Session

14. 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
Tuesday, September 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 Declaring September 2025 as "National Emergency Preparedness Month"

4.2. A Proclamation Declaring September 2025 as “Suicide Prevention 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 August 18, 2025

7. PUBLIC HEARINGS

8. NEW BUSINESS

9. REPORTS

9.1. Informational Report on Local Reach Codes
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9.2. Overview of the Draft Parks and Open Space Element and Conservation Element
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

10. RESOLUTIONS FOR ADOPTION

11. COMMUNICATIONS

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

13. CLOSED SESSION

13.1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (one potential case) (See Attached)

13.2. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

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

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

6 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
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
Tuesday, September 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 Declaring September 2025 as "National Emergency Preparedness Month"

4.2. A Proclamation Declaring September 2025 as “Suicide Prevention 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 August 18, 2025

7. PUBLIC HEARINGS

8. NEW BUSINESS

9. REPORTS

9.1. Informational Report on Local Reach Codes
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9.2. Overview of the Draft Parks and Open Space Element and Conservation Element
a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

10. RESOLUTIONS FOR ADOPTION

11. COMMUNICATIONS

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

13. CLOSED SESSION

13.1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (one potential case) (See Attached)

13.2. Report Out from Closed Session

14. 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

7 4.1

4.1 Proclamation

8 4.2

4.2 Proclamation

9 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF AUGUST 18, 2025

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of August 18, 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; Sofia Mangalam, Community Development Director; Diane Pitman, Administrative Services Director; Nate Cruz, Finance Director; Cory Call, Police Chief; Eric Mackintosh, Deputy Fire Chief; Andrew Brozyna, Public Works Director; Derek Schweigart, Parks and Recreation Director; Rob Lasky, IT Manager; Thai-Chau Le, Planning Manager; Nori Jabba, Housing and Sustainability Manager; Frank Schoening, Public Works
Superintendent; Zaheed Danish, Public Works Maintenance Manager; Laura Galli, Engineering Manager; Francine Magno, Senior Civil Engineer; Marcel Stevenson, Code Enforcement Officer; Kevin McGill, Assistant Planner; Katherine Estrada, Deputy City Clerk; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

PUBLIC
Yiming Luo addressed the City Council via email regarding City Council agendas.

CONSENT CALENDAR

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10 Motion by Councilmember/Director Sullivan, seconded by Councilmember/Director Niederhofer, 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 August 4, 2025;

2. City/EMID Special Meeting Minutes of August 11, 2025;

3. City Resolution No. 2025-66, “A Resolution of the City Council of the City of Foster City Expressing Support for the San Mateo Foster City School District’s “Safe Routes to School: Rectangular Rapid Flash Beacon (RRFB) Installation for High- priority Uncontrolled Sidewalks” Project; Authorizing Submittal of an Application for the Cycle 3 San Mateo County Transportation Authority for Measure A Alternative Congestion Relief and Measure W Transportation Demand Management Program Funding; and Finding the Applications for grant funding Exempt From Review Under the California Environmental Quality Act (CEQA) Guidelines Section 15061(B)(3)”; and

4. EMID Resolution No. 3815, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Revised Sewer System Management Plan as Required by the State Water Resources Control Board Statewide General Waste Discharge Requirements for Sanitary Sewer Systems; and Finding the Approval Exempt from Review Under the California Environmental Quality Act (CEQA) Guidelines Sections 15061(B)(3) and 15301.”

PUBLIC HEARINGS
VARIOUS TEXT AMENDMENTS TO TITLE 17, “ZONING” OF THE FOSTER CITY MUNICIPAL CODE – CHAPTER 17.78 - ACCESSORY DWELLING UNITS TO ENSURE

COMPLIANCE WITH STATE LAWS RELATED TO ACCESSORY DWELLING UNITS

AND FINDING THE PROPOSED AMENDMENTS EXEMPT UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINE SECTION 15061(B)(3),

COMMON SENSE EXEMPTION AND PUBLIC RESOURCES CODE SECTION 21080.17 – RZ2025-0004.

Assistant Planner McGill presented the staff report.

Mayor Jimenez opened a public hearing to hear and consider comments regarding Various Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code – Chapter 17.78 - Accessory Dwelling Units to Ensure Compliance with State Laws Related to Accessory Dwelling Units and Finding the Proposed Amendments Exempt Under California Environmental Quality Act (CEQA) Guideline Section 15061(B)(3), Common Sense Exemption and Public Resources Code Section 21080.17 – Rz2025-0004.

James M. Lloyd, representing California Housing Defense Fund (CalHDF), addressed the City Council via email.

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

Discussion ensued.

Motion by Mayor Jimenez, seconded by Councilmember Venkat, and carried unanimously by roll call vote, 5-0-0, to introduce and read by title only, waive further reading, and pass to second reading, “An Ordinance of the City of Foster City Making Various Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code – Chapter 17.78 - Accessory Dwelling Units to Ensure Compliance with State Laws Related to Accessory Dwelling Units and Finding the Proposed Amendments Exempt Under California Environmental Quality Act (CEQA) Guideline Section 15061(B)(3), Common Sense Exemption and Public Resources Code Section 21080.17 – Rz2025-0004” and include the additional definition for State Exempt Accessory Dwelling Units.

NEW BUSINESS

APPOINTMENTS OF TWO RESIDENT MEMBERS AND ONE SMALL BUSINESS MEMBER TO FULL TERMS FROM SEPTEMBER 1, 2025 TO AUGUST 31, 2028 ON THE CITIZENS SUSTAINABILITY ADVISORY COMMITTEE. MINUTE ORDER NO. 2038.

Communications Director/City Clerk Schaus presented the staff report.

The following Resident Applicants seeking appointment to the Citizens Sustainability Advisory Committee were interviewed by the City Council:

1. Katherine Beglinger;

2. John Estalilla;

3. Ronald Haupt; and

4. Jonathan Sam.

Small Business Applicant Shilpi Goel was interviewed by the City Council.

Discussion ensued.

Minute Order No. 2038 was adopted as follows:

1. Motion by Mayor Jimenez, seconded by Councilmember Niederhofer, and carried unanimously, 5-0-0, appointing Small Business Member Shilpi Goel to a new full term from September 1, 2025 to August 31, 2028; and

2. Motion by Councilmember Sullivan, seconded by Councilmember Venkat, and carried unanimously, 5-0-0, appointing Resident Members Katherine Beglinger and John Estalilla to new full terms from September 1, 2025 to August 31, 2028; and

3. By Consensus of the City Council, policy direction was provided to reduce the membership size of the Citizens Sustainability Advisory Committee to seven at- large members, with a strong preference to have at least one of the seven

6.1 6.1 Minutes

12 members be a Youth Member and to bring the item back to City Council for final approval through an amended policy statement at a later date.

PRELIMINARY REVIEW OF THE PROPOSED MODIFICATION TO PREVIOUSLY

APPROVED GENERAL DEVELOPMENT PLAN AMENDMENT AND SPECIFIC

DEVELOPMENT PLAN/USE PERMIT FOR RESEARCH AND DEVELOPMENT (R&D) LIFE SCIENCES OFFICE USE LOCATED AT 388 VINTAGE PARK DRIVE – APN 094- 901-270 – W-SW 388 OWNER IX, L.P. STEELWAVE CDS, LLC. NO ACTION REQUIRED.

Planning Manager Le and Community Development Director Mangalam presented the staff report.

Applicants Ben Yu and Peter Banzhaf, representing SteelWave and Helios Real Estate Partners, presented to the City Council.

No public testimony was received.

Discussion ensued.

No action was taken.

RECESS. The meeting recessed at 9:03 p.m. and reconvened at 9:07 p.m.

APPEAL OF TANDOORI PIZZA RESTAURANT PURSUANT TO SECTION 1.04.110 OF

THE FOSTER CITY MUNICIPAL CODE FOR WAIVING PENALTY FEES RELATED TO A STOP WORK ORDER NOTICE FOR TENANT IMPROVEMENT WORK AT 1031 E.

HILLSDALE BLVD, UNIT B. MINUTE ORDER NO. 2039.

Code Enforcement Officer Stevenson and Planning Manager Le presented the staff report. Communications Director/City Clerk Schaus stated that the appellant would have 5 minutes to present their statement.

The appellant Amritpal Singh addressed the City Council.

Discussion ensued.

Motion by Mayor Jimenez, seconded by Vice Mayor Kiesel, and carried unanimously, 4- 1-0, Councilmember Sullivan voted “no,” adopting Minute Order No. 2039, denying the appeal and directing the appellant to pay the full amount of penalty fees.

REPORTS

WASTEWATER TREATMENT PLANT MASTER PLAN IMPROVEMENTS PROJECT (CIP 455-652) - CLEAN WATER PROGRAM - UPDATE FOR QUARTER 2 – APRIL THROUGH JUNE 2025. MINUTE ORDER NO. 2040.

6.1 6.1 Minutes

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

Discussion ensued.

Motion by Director Venkat, seconded by Director Sullivan, and carried unanimously, 5-0- 0, adopting Minute Order No. 2040, receiving and accepting the Quarter 2 progress update on the Wastewater Treatment Plant (WWTP) Master Plan Improvements Project (CIP 455-652) – Clean Water Program (CWP).

RECREATION CENTER REBUILD PROJECT (CIP 301-678) GENERAL UPDATE.

MINUTE ORDER NO. 2041.

Parks and Recreation Director Schweigart presented the staff report.

Discussion ensued.

Motion by Councilmember Niederhofer, seconded by Vice Mayor Kiesel, and carried unanimously, 5-0-0, adopting Minute Order No. 2041, receiving and accepting the update report on the Recreation Center Rebuild Project.

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

City/District Warrants of Demands were Processed and Issued on July 31, 2025.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager Chatwin stated the next City Council Regular meeting will be held on Tuesday, September 2 due to the Labor Day holiday.

Councilmember/Director Venkat stated she attended the Summer Days event held from August 15-17. On August 13, she attended the Citizens Sustainability Advisory Committee meeting. On August 14, she attended a meeting with the Chamber of Commerce.

Councilmember/Director Niederhofer stated she attended the SFO Airport Roundtable meeting on August 6, where they discussed air taxis. She attended the Joint Planning Commission and Parks and Recreation Committee Study Session on August 14.

Councilmember/Director Sullivan stated he attended the San Mateo Union High School District board meeting on August 14 and attended the Summer Days event.

6.1 6.1 Minutes

14 Vice Mayor/Vice President Kiesel stated he attended the Summer Days event. He stated they welcomed the delegation from Foster City’s Sister City, Inagi City, on August 4.

Mayor/President Jimenez stated she welcomed the Inagi City Mayor on August 4 as part of the Sister City program. She attended the Summer Days event and thanked staff for organizing the event. She encouraged the public visit the Bicycle and Pedestrian Master Plan webpage to participate and provide feedback on the Plan.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Jimenez adjourned the meeting. Meeting adjourned at 10:08 p.m.

6.1 6.1 Minutes

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1 ORDINANCE NO.____________

AN ORDINANCE OF THE CITY OF FOSTER CITY MAKING VARIOUS TEXT AMENDMENTS TO TITLE 17, “ZONING” OF THE FOSTER CITY MUNICIPAL CODE – CHAPTER 17.78 - ACCESSORY DWELLING UNITS TO ENSURE COMPLIANCE

WITH STATE LAWS RELATED TO ACCESSORY DWELLING UNITS AND FINDING

THE PROPOSED AMENDMENTS EXEMPT UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINE SECTION 15061(B)(3), COMMON SENSE EXEMPTION AND PUBLIC RESOURCES CODE SECTION 21080.17 – RZ2025-0004

CITY OF FOSTER CITY
WHEREAS, the Planning and Zoning Law authorizes local jurisdictions to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in 2024, the legislature adopted three (3) key ADU bills: Senate Bill 477 that reorganized ADU laws to Government Code Sections 66310-66342 and Senate Bill 1211 that amended Government Code Section 66323, and Assembly Bill 2533. There would be no proposed text amendments pertaining to Assembly Bill 2533; and WHEREAS, these bills make further revisions to state law, and local jurisdictions need to readopt any local ordinances related to ADUs to include new provisions/clarifications; and
WHEREAS, these bills make further revisions to state law, and local jurisdictions need to readopt any local ordinances related to ADUs to include new provisions/clarifications; and
WHEREAS, on June 9, 2025, a Joint City Council/Planning Commission Special Meeting Study Session was held to update the City Council, the Planning Commission, and the public on the most recent State Laws affecting land use and ADUs; and 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 and the Annual Progress Report (APR) to the California Department of Housing and Community Development (HCD), due by April 1 of each year, reports on progress in implementation of these Programs; and WHEREAS, amendments to Foster City Municipal Code, Title 17, Zoning are required for the implementation of the Housing Element program, H-D-4-a; and

6.2 6.2 Ordinance

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1 WHEREAS, on July 17, 2025, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider the proposed amendments to various sections of Chapter 17.78, “Accessory Dwelling Units”, of Title 17, “Zoning” of the Foster City Municipal Code, to ensure compliance with State law related to ADUs and the associated CEQA finding, and after conducting the public hearing, adopted Resolution No. P-09-25 with the Planning Commission recommending City Council approval of the amendments to Chapter 17.78 and CEQA findings; and WHEREAS, on August 6, 2025, a public hearing notice was published and posted for the City Council public hearing for consideration of amendments to Chapter 17.78 and the related CEQA findings, for the City Council public hearing on August 18, 2025; and WHEREAS, on August 18, 2025, the City Council held a duly noticed public hearing where it carefully reviewed and considered the staff report and all attachments thereto, including the Planning Commission’s recommendation regarding the proposed amendments to various sections of Chapter 17.78, “Accessory Dwelling Units”, of Title 17, “Zoning” of the Foster City Municipal Code, to ensure compliance with State law related to ADUs and the associated CEQA finding, including any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”).

THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES FIND AND ORDAIN as follows:

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

1. The foregoing recitals are true and correct and are incorporated by reference into this action; and

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

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

4. The proposed Zoning amendments comply with and are required by applicable State laws; and

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

6. The proposed amendments are exempt from CEQA Guideline Section 15061(b)(3) and consistent with Public Resources Code Section 21080.17.

Section 2. The proposed actions would update the City’s existing Municipal Code to align with the requirements of the most recent updates to the State’s laws. The actions would not result in physical changes to the environment. Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) – Common Sense Exemption. Additionally, Public Resources Code Section 21080.17 states that CEQA

6.2 6.2 Ordinance

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1 does not apply to the adoption of an ordinance to implement the provisions of Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code. which means that adoption of this ordinance to update the Municipal Code to implement State ADU and JADU law is statutorily exempt from CEQA.

Section 3. Amendment. Various Sections of Chapter 17.78 “Accessory Dwelling Units” within Title 17, “Zoning” of the Foster City Municipal Code are hereby amended by repealing the existing sections of Chapter 17.78 in their entirety and replacing those sections to read as set forth in the attached Exhibit A, attached hereto and incorporated herein by reference. Those Sections within Chapter 17.78 not specifically replaced in Exhibit A, shall remain unchanged in Chapter 17.78.

Section 4. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council does hereby declare that it should have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

Section 5. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.

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

This Ordinance was introduced and read on the 18th day of August, 2025, and passed and adopted on the 2nd day of September 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.2 6.2 Ordinance

18 Exhibit A
Chapter 17.78

ACCESSORY DWELLING UNITS
(2025 Update - Redlines Version)

17.78.040 Definitions.

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

M. “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

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

O. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public P. “State exempt” Units. means an ADU or JADU that is constructed pursuant to Government Code section 66323 and is not subject to Government Code sections 66314-66322. State exempt units shall be subject exclusively to the provisions of Government Code section 66323, notwithstanding any contrary requirements set forth in Foster City Municipal Sections 17.78.060, 17.78.070, and 17.78.080.

Q. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

17.78.060 Standards applicable to single-family residence zoning districts.

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

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

1. Option 1. One JADU (up to five hundred square feet); or

2. Option 2. One ADU (conversion, attached, or detached); or

3. Option 3.
a. One JADU (up to five hundred square feet); and,
b. One conversion ADU; and

6.2 Attachment 1 - Exhibit A

19 c. One newly constructed ADU (up to eight hundred fifty square feet).

4. Option 4.
a. One JADU (up to five hundred square feet); and
b. One newly constructed ADU over eight hundred fifty square feet.

5. Option 5.
a. One JADU (up to five hundred square feet); and
b. One conversion ADU.

6. Option 6.
a. One JADU (up to five hundred square feet); and
b. One newly constructed ADU (up to eight hundred fifty square feet).

7. Option 7.
a. One conversion ADU; and
b. One newly constructed ADU (up to eight hundred fifty square feet).

B. Junior Accessory Dwelling Units.

1. The number of JADUs shall be limited to one unit per residential lot zoned for single-family residences that includes a proposed or existing single-family residence.

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

3. The owner must record a deed restriction as outlined in California Government Code Section 66333, which shall run with the land, and shall include the following:
a. A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
b. A restriction on the size and attributes of the JADU that conforms with this chapter.
c. If a JADU is rented, the unit shall not be rented for a period of less than thirty consecutive calendar days.

6.2 Attachment 1 - Exhibit A

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

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

6. The JADU shall include an efficiency kitchen, which shall include all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

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

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

2. Location. Attached ADUs shall not be located in the front yard unless development of an eight hundred-fifty-square-foot ADU is otherwise infeasible.

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

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

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

6. Roof Pitch and Eaves. An attached ADU or JADU shall have the same roof pitch as the primary dwelling with same eave details but may vary by up to two vertical inches more or less in every twelve horizontal inches.

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

6.2 Attachment 1 - Exhibit A

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

2. Location. Detached ADUs shall not be located in the front yard unless development of an eight hundred-fifty-square-foot ADU is otherwise infeasible.

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

4. Height. A detached ADU shall not exceed sixteen feet in height, except in the following cases:
a. A height of eighteen feet is permitted when an ADU is located within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in this code section; and an additional two feet of height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

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

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

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

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

3. Other Standards.
a. Conversion ADUs in existing accessory structures may expand the existing dimensions of the structure no more than one hundred fifty square feet to accommodate ingress/egress. Any such expansion shall count towards the size of the ADU.

6.2 Attachment 1 - Exhibit A

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

F. Additional Requirements. These requirements shall apply to all ADUs and JADUs on single-family lots except for those ADUs and JADUs that are State Exempt:

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

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

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

Figure 1: ADU/JADU Window Locations for Privacy

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

5. Exterior Lighting. All exterior lighting shall be mounted no higher than seven feet from grade and directed downwards.

17.78.070 Standards applicable to multifamily residence zoning districts.

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

6.2 Attachment 1 - Exhibit A

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

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

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

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

B. Detached ADUs.

1. Number of ADUs.
a. Up to eight detached ADUs are permitted on a multifamily lot with an existing multifamily building. However, the number of ADUs allowable pursuant to this clause shall not exceed the number of existing dwelling units on the lot; or
b. On a lot with a proposed multifamily dwelling, not more than two detached ADUs.

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

4. Height.
a. Where a detached ADU is on a lot with an existing or proposed multifamily, multi-story dwelling, it shall not exceed eighteen feet in height. b. Where a detached ADU is on a lot with an existing or proposed multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, it shall not exceed eighteen feet in height. However, an ADU may add up to two feet of height to accommodate a roof pitch on the ADU that is aligned with the

6.2 Attachment 1 - Exhibit A

24 roof pitch of the primary multifamily dwelling (for a maximum of twenty feet).

C. Attached ADUs.

1. Number of ADUs. The number of attached ADUs shall be limited to one unit per multifamily lot with an existing multifamily building.

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

3. Location. Attached ADUs shall not be located in the front yard unless development of an eight hundred-fifty-square-foot ADU is otherwise infeasible.

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

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

6. Colors. An attached ADU shall use the same exterior wall and roof colors as the primary multifamily dwelling unit.

17.78.080 Parking requirements for accessory dwelling units.

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

B. Parking is not required in the following instances:

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

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

3. When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other any other criteria listed in

6.2 Attachment 1 - Exhibit A

25 Government Code section 66322, subdivision (a)(1)-(5), as may be amended from time to time.

4. As a condition of construction of a JADU.

5. Where the ADU only includes a studio with no bedroom.

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

7. Where the ADU is part of the proposed or existing primary residence or an accessory structure.

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

17.78.090 Permit process.

A. Unless otherwise specified in subsection D of this section, pursuant to California Government Code Section 66317 mandating ministerial approval of JADUs and ADUs if all of the applicable standards are met, the chief building official or the official’s designee shall approve the JADU and ADU permit within sixty days of the complete application being submitted. If a ADU and/or JADU is proposed as part of a new or remodeled primary residence, the sixty-day timeline shall not commence until the primary residence is permitted. The city may review and approve the ADU or JADU in conjunction with the new or remodeled primary residence, but the application to create the ADU or JADU shall be considered without discretionary review or hearing.

The chief building official or the official’s designee shall approve the ADU permit within thirty days from the date the local agency receives a complete application if the application either:

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

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

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

6.2 Attachment 1 - Exhibit A

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

D. In conformance with Government Code Section 65852.27, the city shall, by resolution, adopt a program for the preapproval of designs for ADUs, which may be amended from time to time. Any application for an ADU utilizing a design plan for ADUs that has been preapproved pursuant to that program shall be approved or denied within thirty days.

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

6.2 Attachment 1 - Exhibit A

27 1
0 0
2 DATE: September 2, 2025

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

FROM: Cory Call, Police Chief
DEPARTMENT: Police
SUBJECT: PURCHASE POLICE DEPARTMENT LOCKERS FROM SPACE
AND SYSTEMS, INC. IN THE AMOUNT OF $219.999.25

RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the purchase of replacement lockers from Space and Systems, Inc. in the amount of $219,999.25 from the Foster City Police Department’s operating budget (Account No. 001-0630-421- 4246).

EXECUTIVE SUMMARY
The Police Department’s current men’s and women’s lockers are over 24 years old and no longer meet the needs of a modern law enforcement agency. Many of the existing lockers are damaged, with dented or warped doors, have broken components, and locks that no longer function reliably. They also lack the space, layout, and features required to securely store today’s police uniforms, gear, and personal items. Replacing them with modern lockers will enhance functionality, security, and storage, boost officer morale, and protect critical equipment from loss or unauthorized access.

The replacement men’s and women’s lockers will be purchased from Space and Systems, Inc., and the total cost to purchase the replacement lockers is $219,999.25, which includes new lockers, delivery, removal of existing lockers, installation, electrical connectivity in the lockers, and a basic warranty.

6.3 6.3 Staff Report

28 1
0 0
2 BACKGROUND/ANALYSIS
The Police Department’s existing men’s and women’s lockers were installed over two decades ago and have remained in continuous use since. These lockers support a 24- hour operation, serving officers across all shifts and storing essential tools, uniforms, and equipment critical to daily duties. Over the years, the constant use and aging materials have led to widespread wear and tear of the lockers. Many lockers have dented or warped doors, broken hinges, and locks that no longer function properly, compromising both security and usability. The lockers are no longer under warranty, as the typical five-year coverage period has long expired. In previous years, the Department occasionally hired vendors for annual repairs; however, replacement parts have become increasingly difficult to source, and some repairs now require welding, making maintenance more complex, costly and time consuming.

The purchase of new police lockers is a critical investment in operational efficiency, officer safety, and facility integrity. The current lockers, in service for over two decades, no longer meet the physical demands of a modern law enforcement environment. Their deteriorating condition, marked by broken hinges and non-functional locks, compromises the secure storage of essential gear and increases maintenance costs due to the need for specialized repairs.

The current lockers fail to accommodate the size and variety of modern police equipment, which has evolved significantly over the past two decades. Officers are required to store not only uniforms and duty belts, but also cameras, radios, chargers, ballistic vests, exterior uniform carriers, boots, helmets, and personal items. The limited space and deteriorating condition of the current lockers restrict organization and increase the risk of equipment damage, loss, or theft. Replacing these lockers is essential to maintaining operational readiness, ensuring equipment security, and providing a safe, functional workspace that reflects the professionalism of the City and Department.

The locker vendor, Space and Systems, Inc., utilizes Sourcewell contract pricing, which is pre-competed and competitively solicited. The informal bid procedure was followed, and their lockers were significantly cheaper than the other two competitive bids from similarly reputable companies.

If approved by Council, the Police Department will contract with Space and Systems, Inc., to install this essential and functional piece of equipment. Following the removal of the old lockers, the City’s Building Maintenance staff will perform any necessary work in the men's and women's locker rooms. This work will include tasks such as installation of new flooring, painting, and other maintenance aimed at enhancing the overall condition and appearance of the area where the new lockers will be installed.

California Environmental Quality Act

6.3 6.3 Staff Report

29 1
0 0
2 Purchase of the replacement men’s and women’s lockers is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

FISCAL IMPACT
Funding in the amount of $219,999.25 is allocated and available for this purchase in the FY 2025-2026 Police Department budget (Account No. 001-0630-421-4246).

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

Attachment 1 — Resolution
Attachment 2 — Systems & Space, Inc. Quote

6.3 6.3 Staff Report

30 3
6 8
7 RESOLUTION NO. _________

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

AUTHORIZING THE PURCHASE OF POLICE DEPARTMENT LOCKERS FROM SPACE AND SYSTEMS, INC. IN THE AMOUNT OF $219,999.25

CITY OF FOSTER CITY
WHEREAS, the Police Department’s current men’s and women’s lockers are over 24 years old and no longer meet the needs of a modern law enforcement agency; and WHEREAS, many of the existing lockers are damaged, with dented or warped doors, have broken components, and locks that no longer function reliably; and WHEREAS, the replacement men’s and women’s lockers will be purchased from Space and Systems, Inc., and the total cost to purchase the replacement lockers is $219,999.25, which includes new lockers, delivery, removal of existing lockers, installation, electrical connectivity in the lockers, and a basic warranty; and WHEREAS, Space and Systems, Inc., utilizes Sourcewell contract pricing, which is pre-competed and competitively solicited; and
WHEREAS, the informal bid procedure was followed, and their lockers were significantly cheaper than the other two competitive bids from similarly reputable companies; and

WHEREAS, funding in the amount of $219,999.25 is allocated and available for this purchase in the FY 2025-2026 Police Department budget, Account No. 001-0630-421-4246.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the purchase of lockers for the Police Department from Space and Systems, Inc. in the amount of $219,999.25.

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 September, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 1 - Resolution

31 Project # 24735 Systems Planner Jordan Jaime Date 7/24/25

Bill To:

Installation Info:

Company Foster City Company Foster City
Address 1030 East Hillsdale Blvd Address 1030 East Hillsdale Blvd Bldg. & Ste. # Bldg. & Ste. #
City / State / Zip Foster City, CA 94404 City / State / Zip Foster City, CA 94404 Contact Name Chief Cory Call Contact Name Chief Cory Call Phone # 650-286-3300 Phone # (650) 286-3300
Fax # Fax #
Email Address [email protected]

Item# Project# Product Description Qty Unit Price Unit Type Sale Price 24735
Spacesaver FreeStyle Lockers w/ OCS Smart
Keypad Locks on all Openings Lot Lot $219,999.25
F1 – 24x24x84 w/ drawer combo – QTY 46
F2 – 12x24x84 2-tier lockers – QTY 10
F3 – 24x24x84 w/bench drawer combo – QTY 20
F4 – 18x24x84 w/ drawer combo – QTY 4
Quote per drawing provided*
Electrical Connectivity in Lockers Included*
Quote includes tear out and disposal of existing lockers* Receiving/Delivery/Installation Included

Your Spacesaver investment
includes materials, installation, tax
& freight.

Materials will ship approximately
17 weeks from receipt of signed
order documents.

SUBTOTAL $219,999.25
Payment Terms & Special Instruction Check List Freight Quote Included

1. SSI requires a 30% Deposit to complete Sales Tax Included the processing of your order.

2. Include Deposit amount on your purchase order. Order Total $219,999.25

3. Remaining 70% is due upon receipt of goods
and/or completion of installation. Deposit $ Due $0.00

4. Fill in Order Information section, sign, date
and fax all documents to 925.426.0882.

Order Information
** A copy of the Front and Back of the Credit Card and the Cardholders Photo Identification is Required

Customer PO#

Deposit sent via Mail Express Fax CC Information Other

Credit Card Number# Exp V Code Name Client Approval ^ Three digits Billing Zip Code


Signature Print Name Date
Systems & Space, Inc.
500 Boulder Court, Suite B
PO Box 1736
Pleasanton, CA 94566
Tel: (925) 426-1955
Fax: (925) 426-0882 FIELD SALES ORDER FORM

6.3 Attachment 2 - Systems & Space, Inc. Quote

32 Notice:

This proposal contains information that is proprietary to Systems & Space, Inc. and is intended for the exclusive use of Foster City. No part of this proposal or the enclosed CAD drawings may be used, reproduced, or disclosed to any other party without prior consent of SYSTEMS & SPACE, INC.

TERMS & CONDITIONS FOR PRODUCTS, SYSTEMS & INSTALLATIONS

1. GENERAL: These terms & conditions shall apply to sales from SYSTEMS & SPACE, INC. to BUYER and to any quotation by SYSTEMS & SPACE, INC. for sales. These terms & conditions shall not be superseded by any terms & conditions in BUYER’S order. If a Contract Agreement will be issued in lieu of, or in addition to execution of this proposal, Buyer agrees to include this proposal as an Exhibit to the Contract Agreement.

2. PRICING: This proposal is valid for 60 days from the date of the proposal.

3. PAYMENT TERMS: The Buyer shall issue SYSTEMS & SPACE INC. a 50% deposit with order, 40% when product ships from factory, and 10% balance due upon completion. If the BUYER issues a purchase order for goods and/or services, the BUYER shall state the deposit amount on BUYER’s purchase order. A monthly finance charge of 1 ½% per month shall accrue to the BUYER on all outstanding invoices beyond 30 days.

4. ENGINEERING DATA: The proposal, drawings and/or specifications of any quotation are confidential engineering data, and represent SYSTEMS & SPACE, INC.’S investment in engineering skill and development, and remain the property of SYSTEMS & SPACE, INC. Such are submitted with the understanding that the information will not be disclosed or used in any manner detrimental to SYSTEMS & SPACE, INC. All specifications and dimensions of proposal, drawings are approximate, and are subject to changes during detailed engineering. These engineering changes may incur additional material and/or labor costs, which will be the responsibility of the BUYER.

5. DELIVERY: Shipping or delivery dates are approximate. SYSTEMS & SPACE, INC. shall not be liable for delays in or failure of delivery due to changes requested by BUYER, or causes beyond its control. At the request of BUYER, BUYER shall make payment as though shipment has been made as specified and for any expenses incurred by SYSTEMS & SPACE, INC. due to BUYER’S request in delaying shipment.

6. STORAGE: If product is stored for more than 30 days at SYSTEMS & SPACE, Inc. due to delays in delivery caused by BUYER, SYSTEMS & SPACE INC. will charge BUYER at the rate of 1% of BUYER’s invoice per month pro-rated daily.

7. SPECIALS: Special items not considered as standard inventory by SYSTEMS & SPACE, INC. and/or manufactured by SYSTEMS & SPACE, INC. to BUYER’S specifications or job requirements, will become the sole property of the BUYER and will not be accepted for return.

8. INSURANCE: SYSTEMS & SPACE, INC. carries Workers’ Compensation insurance with statutory limits as required by law. In addition, SYSTEMS & SPACE, INC. carries General Liability Insurance with $1M occurrence/$2M general aggregate/$2M completed operations, and Auto Liability with $1M combined single limit. Upon request, entities shall be named as Additional Insured under endorsements available for the current policy period.

9. CANCELLATION: On all cancelled orders, BUYER shall compensate SYSTEMS & SPACE, INC. for its performance, commitments and damage as follows:

BUYER shall pay SYSTEMS & SPACE, INC. a cancellation fee not to exceed the original purchase price.

10. CONSTRUCTION AREA: BUYER shall provide SYSTEMS & SPACE, INC. with a free and clear construction site. All materials and/or construction shall be removed from the area. BUYER will furnish SYSTEMS & SPACE, INC. with adequate electrical power to efficiently operate the power tools required for the installation.

11. UNLOADING, SPOTTING AND STORAGE: BUYER shall provide SYSTEMS & SPACE, INC. with adequate unloading facilities, and sufficient access to those facilities to ensure SYSTEMS & SPACE, INC.’S efficient unloading procedure. Adequate aisles shall be provided by the BUYER to provide efficient handling of the materials from the unloading of storage area to the construction site.

12. COMMENCEMENT OF INSTALLATION AT JOB SITE: SYSTEMS & SPACE, INC. will not be obligated to commence work at job site until receipt of written notice from BUYER that BUYER’S building is ready for use and necessary utilities and equipment are supplied there as well.

13. CHANGES IN WORK: Should the BUYER order changes in the work, such orders and adjustments shall be made in writing to SYSTEMS & SPACE, INC.

The contract price shall be adjusted according to the changes in the work specified.

14. COMPLETION: Installation shall be deemed completed upon use of any equipment by BUYER.

15. FLOORS: BUYER is responsible for the load bearing capacity of the floor upon which the proposed installation shall be constructed.

16. FLOOR COVERING: Existing floor covering may require removal prior to the start of our scope of work. Removal and replacement of existing floor covering is specifically excluded from this proposal. Should the client wish Systems & Space, Inc. to remove the existing floor covering, please consult your Systems Planner for a quote for this work. Please note that while Systems & Space, Inc. will use every precaution to maintain the integrity of the existing floor covering, we cannot guarantee that the existing floor covering will be suitable for reuse. Client acknowledges that installation of new floor covering may be required, at an additional cost to client.

17. SURVEYS, PERMITS AND REGULATIONS: BUYER shall procure and pay for all permits, inspections, and/or structural calculations required by any governmental authority for any part of the work performed by SYSTEMS & SPACE, INC., except if otherwise stated.

18. TESTING: All material and equipment for testing the installation shall be provided at BUYER’S expense. At the time that SYSTEMS & SPACE, INC. states to the BUYER that the work is complete, the BUYER will inspect the work and if the work is in conformity with the terms and provisions of the proposal, the BUYER shall accept the same and deliver to SYSTEMS & SPACE, INC. a signed statement of acceptance. If the BUYER fails to so notify SYSTEMS & SPACE, INC. or if the BUYER fails to make such inspection, the work shall be conclusively deemed accepted by the BUYER.

19. LABOR RELATIONS: SYSTEMS & SPACE, INC. is a non-union contractor. Unless specifically outlined in the project specifications and/or bid documentation, our bid will not be based upon compliance with the terms and conditions of any labor agreements. Any requirement to comply with labor agreements identified after submission of this bid will require an increase in our contract amount to reflect this change. Our proposal is based upon an eight (8) hour workday during normal business hours (unless otherwise specified). No provisions have been made for overtime or shift premium pay.

20. LEGAL ACTION: In the event that any legal action is initiated regarding the breach of any terms or conditions of this agreement, the prevailing party shall be entitled to receive in addition to any damages suffered, their court costs and attorney’s fees incurred.

_____________________________________________________________________________________________________ Client Approval Print Name Date Systems Planner: Jordan Jaime Project #24735

6.3 Attachment 2 - Systems & Space, Inc. Quote

33 DATE: September 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
Frank Fanara, Parks Manager
DEPARTMENT: Parks and Recreation
SUBJECT: AMENDMENT TO THE LICENSE AGREEMENT AND TO THE

MEMORANDUM OF UNDERSTANDING FOR ADDITIONAL

GARDEN BOXES AT THE FOSTER CITY COMMUNITY GARDEN

RECOMMENDATION
It is recommended that the City Council, by resolution, approve an amendment to the existing License Agreement with Island United Church (IUC) to authorize the installation of additional garden boxes at the Foster City Community Garden located at 1130 Balclutha Drive; and authorize staff to coordinate with the Foster City Community Garden Association (FCCGA) and IUC to implement the expansion in accordance with the current Memorandum of Understanding (MOU) and Community Garden policies.

EXECUTIVE SUMMARY
In May 2024, the City Council approved a License Agreement with IUC and a MOU with the FCCGA and IUC to establish a Community Garden Pilot Program. Since its launch on April 1, 2025, the Community Garden has received strong community support and demand for additional gardening plots given that the plots have exceeded initial capacity. In response, the FCCGA has requested to expand the number of garden boxes on the site to accommodate additional boxes. This action requires a formal amendment to the existing License Agreement between the City and IUC.

6.4 6.4 Staff Report

34 BACKGROUND / ANALYSIS
The City entered into a License Agreement with IUC in 2024 to operate a Community Garden on a defined portion of IUC’s property. The initial installation included 15 garden boxes, water infrastructure, fencing, and a small tool shed. Since that time, the garden has become a well-utilized community asset, with all plots occupied and approximately 14 residents currently on a waitlist managed by the FCCGA.

Recognizing the high demand, the FCCGA is proposing the installation of additional garden boxes within the remaining licensed area to accommodate more community members. FCCGA will contact individuals on the waitlist to confirm interest as space becomes available. Increasing the number of participants will provide modest financial benefit to the City by helping to offset ongoing operational costs.

To offset the cost of materials for the new boxes, the Rotary Club has secured a $1,000 grant and will contribute an additional $2,000, for a total of $3,000. IUC has indicated support for the expansion, subject to an amendment to the License Agreement that reflects the expanded scope of use.

If the pilot expansion proves successful, the garden footprint may be further modified in the future to accommodate additional garden boxes.

California Environmental Quality Act
The project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15304 (Class 4 – Minor Alterations to Land) as the proposed expansion involves minor improvements to private land for gardening purposes and does not involve the removal of mature scenic trees.

FISCAL IMPACT
There is no direct fiscal impact to the City associated with this amendment. The FCCGA, with support from the Rotary Club in the amount of $3,000, will fund the cost of materials and coordinate construction of the additional garden boxes with the help of Rotarians and Boy Scouts. Any ongoing maintenance and water use will continue to be supported through the collection of member fees, in line with the existing arrangement.

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

6.4 6.4 Staff Report

35 ATTACHMENTS:

Attachment 1 - Resolution
Attachment 2 - First Amendment to License Agreement
Attachment 3 - First Amendment to Memorandum of Understanding

6.4 6.4 Staff Report

36 3
7 1
4 RESOLUTION NO. _________

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

APPROVING AN AMENDMENT TO THE LICENSE AGREEMENT WITH ISLAND

UNITED CHURCH (IUC) AND AN AMENDMENT TO THE MEMORANDUM OF

UNDERSTANDING WITH THE FOSTER CITY COMMUNITY GARDEN ASSOCIATION

AND IUC TO AUTHORIZE INSTALLATION OF ADDITIONAL GARDEN BOXES AT THE COMMUNITY GARDEN LOCATED AT 1130 BALCLUTHA DRIVE

CITY OF FOSTER CITY
WHEREAS, at the May 6, 2024 Council Meeting, the City Council approved a License Agreement with Island United Church (IUC) and a Memorandum of Understanding (MOU) with the Foster City Community Garden Association (FCCGA) and IUC to establish a Community Garden Pilot Program at 1130 Balclutha Drive; and WHEREAS, the Community Garden officially launched on April 1, 2025, with the installation of 15 garden boxes and has since experienced high community demand, with all plots currently occupied and approximately 14 residents on a waitlist; and WHEREAS, the FCCGA has requested to expand the number of garden boxes within the remaining licensed area to accommodate additional community members and reduce the current waitlist; and
WHEREAS, the expansion will be supported by a $3,000 contribution from the Rotary Club, including a $1,000 grant and an additional $2,000 donation, to cover material costs, with construction assistance provided by Rotarians and Boy Scouts; and WHEREAS, IUC has expressed support for the proposed expansion, subject to a formal amendment to the License Agreement reflecting the expanded scope of use; and WHEREAS, there is no direct fiscal impact to the City, as the cost of materials will be funded externally and ongoing operational costs will continue to be offset by garden member fees per the existing agreement.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City hereby approves an amendment to the existing License Agreement with Island United Church and an amendment to the Memorandum of Understanding with the Foster City Community Garden Association and IUC to authorize installation of additional garden boxes at the Community Garden located at 1130 Balclutha Drive.

6.4 Attachment 1 - Resolution

37 3
7 1
4 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 September 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.4 Attachment 1 - Resolution

Page 1 of 2 ends

3 6
8 8

FIRST AMENDMENT TO

LICENSE AGREEMENT
(Community Garden)
THIS FIRST AMENDMENT TO THE LICENSE AGREEMENT (“First Amendment”) is entered into as of this 2nd day of September, 2025 by and between the City of Foster City (“Licensee” or “City”) and Island United Church (“Licensor”), collectively referred to as the “Parties.”

RECITALS
WHEREAS, on May 6, 2024, the Parties entered into a License Agreement (“Agreement”) granting the City the right to operate a pilot community garden on a portion of the Licensor’s property located at 1130 Balcultha Drive, Foster City, California; and
WHEREAS, the City and Licensor now desire to amend the Agreement to allow for the potential installation and operation of additional garden plots beyond those originally authorized;
TERMS
NOW, THEREFORE, in consideration of the mutual promises, conditions, and covenants herein contained, the parties agree as follows:

1. 1. Expansion of Garden Area and Improvements.

Section 2.2 of the Agreement is hereby amended to add the following paragraph:
“2.2.4 The Licensee may request in writing to expand the Garden to include additional Gardening Plots beyond the original fifteen (15) (“Request for Expansion”). The Request for Expansion shall include a site plan, proposed location and number of Gardening Plots, and any necessary infrastructure improvements (e.g., irrigation, fencing, access paths). The Request for Expansion and infrastructure improvements shall be reviewed and shall be subject to written approval of the Licensor. Licensor shall not be responsible for any costs associated with the Request for Expansion and the additional Garden Plots unless otherwise agreed to in writing by the Parties, and the additional Gardening Plots shall be subject to all applicable terms of this Agreement.”

2. Except as modified by this First Amendment, all terms, conditions, and provisions of the Agreement remain in full force and effect. All definitions of the Agreement shall apply to this First Amendment.

6.4 Attachment 2 - First Amendment to License Agreement for Community Garden

Page 2 of 2 ends

3 6
8 8
IN WITNESS WHEREOF, the duly authorized representatives of the Parties to this First Amendment have executed this First Amendment as of the day and year first above written.

LICENSEE: CITY OF FOSTER CITY
By: ___________________________
Stefan Chatwin
City Manager
Date: _________________________
LICENSOR: ISLAND UNITED CHURCH
By: ___________________________
Margaret Hanzl Divine
President
Date: _________________________
ATTEST:
___________________________________
Priscilla Schaus, City Clerk
APPROVED AS TO FORM:
__________________________________
Benjamin L. Stock, City Attorney

6.4 Attachment 2 - First Amendment to License Agreement for Community Garden

40 3
6 8
9 FIRST AMENDMENT TO

MEMORANDUM OF UNDERSTANDING

FOR CREATION AND OPERATION OF COMMUNITY GARDEN
THIS FIRST AMENDMENT TO Memorandum of Understanding for the Creation and Operation of Community Garden (“First Amendment”) is entered into as of this 2nd day of September, 2025 by and between the City of Foster City (“Licensee” or “City”) and Island United Church (“Licensor”), collectively referred to as the “Parties.”

RECITALS
WHEREAS, on May 6, 2024, the City, IUC, and the Association entered into that certain Memorandum of Understanding (“Agreement”) for the establishment and operation of a community garden located at 1130 Balcultha Drive, Foster City, California; and
Ga
WHEREAS, the Parties now desire to amend the Agreement to provide a process for adding additional garden plots beyond the original fifteen (15) plots.

TERMS
NOW, THEREFORE, in consideration of the mutual promises, conditions, and covenants herein contained, the parties agree as follows:

1. Addition of Garden Plots.

A new subsection, Section II.D , is hereby added to the Agreement to read as follows:
“D. Addition of Garden Plots. Gardening Plots beyond the original fifteen (15) may be added to the Garden Site with the prior written approval of both the City and IUC as follows:
a. The Association may request in writing to expand the Garden to include additional Gardening Plots beyond the original fifteen (15)(“Request for Expansion”) to the City Director of Parks and Recreation. Any Request for Expansion shall include a site plan, the proposed location and number of proposed Gardening Plots, plot dimensions, and any related infrastructure needs (e.g., irrigation, fencing, access paths). b. If approved by the City Director of Parks and Recreation, the Request for Expansion will then be submitted to the designated representative of the IUC, who must approve the expansion in writing prior to any work commencing.
c. The costs of the additional Gardening Plots and all associated improvements shall be the responsibility of the Association, unless otherwise agreed upon in writing by the Parties.

6.4 Attachment 3 - First Amendment to MOU for Community Garden

41 3
6 8
9 d. Additional Gardening Plots shall be subject to all terms and conditions of the MOU and associated Policies and Regulations.”

IN WITNESS WHEREOF, the duly authorized representatives of the Parties to this First Amendment have executed this First Amendment as of the day and year first above written.

CITY OF FOSTER CITY
By: ___________________________
Stefan Chatwin
City Manager
Date: _________________________

ISLAND UNITED CHURCH
By: ___________________________
Margaret Hanzl Divine
President
Date: _________________________

FOSTER CITY COMMUNITY GARDEN ASSOCIATION
By: ___________________________
Curtis Chen
President
Date: _________________________

6.4 Attachment 3 - First Amendment to MOU for Community Garden

42 DATE: September 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: Diane Pitman, Administrative Services Director

DEPARTMENT: Administrative Services
SUBJECT: UPDATED CITY/DISTRICT PAY PLAN FOR FISCAL YEAR 2025- 2026 EFFECTIVE SEPTEMBER 9, 2025

RECOMMENDATION

It is recommended that the City Council/EMID Board of Directors (hereafter referred to as “City Council”) adopt resolutions approving the updated Pay Plan for Fiscal Year 2025-2026, effective September 9, 2025.

BACKGROUND/ANALYSIS

The City Council approves a Pay Plan at a regularly scheduled meeting as part of the budget adoption process or amends the Pay Plan if there are changes during the fiscal year.

On August 19, 2024, the City Council approved the memorandum of understanding (MOU) between the City and the American Federation of State, County, & Municipal Employees (AFSCME). Within the approved MOU, a general wage increase is provided effective September 9, 2025. This wage increase is equal to the percentage movement of the San Francisco-Hayward-Oakland CPI-U April 2024 to April 2025, with a minimum of 3% and a maximum of 5%. The CPI-U percentage for April 2024 to April 2025 is

1.3%.

6.5 6.5 Staff Report

43 The salary steps of the attached Pay Plan have updated salaries, increased by 3%, for all AFSCME represented classifications.

To meet CalPERS requirements under Government Code section 20636 and CCR section 570.5, which requires public agencies to provide a publicly available pay schedule, which is required to be duly approved and adopted by the Council, staff is bringing this forward to ensure the City's pay schedule is updated with the new pay rates based on the approved AFSCME MOU and unrepresented employees Compensation and Benefits plan. Staff requests approval of the resolutions to approve the amended Pay Plan for Fiscal Year 2025-2026 which will be effective September 9, 2025. Upon approval, staff will publish the updated Pay Plan on the City's website for public access on or near the effective date of this plan.

California Environmental Quality Act
CEQA General Rule Exemption

FISCAL IMPACT
The updated FY 2025-2026 Pay Plan reflects the approved salary ranges provided in the AFSCME MOU and unrepresented employees compensation and benefits plan.

The FY 2025-2026 budget used a 3% estimate for the anticipated wage increase and the actual increase will be 3%.

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

ATTACHMENTS
Attachment 1 - City Resolution
Attachment 2 - EMID Resolution
Attachment 3 - City/District Pay Plan for FY 2025-2026 Effective September 9, 2025 (redline)
Attachment 4 - City/District Pay Plan for FY 2025-2026 Effective September 9, 2025

6.5 6.5 Staff Report

44 3
7 1
7 RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING AND ADOPTING THE AMENDED PAY PLAN FOR FISCAL YEAR 2025- 2026, EFFECTIVE SEPTEMBER 9, 2025

CITY OF FOSTER CITY
WHEREAS, the City Manager has prepared and submitted to the City Council a schedule of pay ranges for job classifications for Fiscal Year 2025-2026; and WHEREAS, the schedule of pay ranges is referred to as the Pay Plan; and WHEREAS, the Pay Plan incorporates the negotiated salary increase for the classifications represented by American Federation of State, County, & Municipal Employees (AFSCME) labor unit; and
WHEREAS, the City Council of the City of Foster City must approve the Pay Plan in order for the pay ranges to become effective.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City that the amended Pay Plan for Fiscal Year 2025-2026 is hereby adopted effective September 9, 2025.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.5 Attachment 1 - City Resolution

45 3
7 1
8 RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING AND ADOPTING THE PAY PLAN FOR FISCAL YEAR 2025-2026, EFFECTIVE SEPTEMBER 9, 2025

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the District Manager has prepared and submitted to the Board of Directors a schedule of pay ranges for job classifications for Fiscal Year 2025-2026; and WHEREAS, the schedule of pay ranges is referred to as the Pay Plan; and WHEREAS, the Pay Plan incorporates the negotiated salary increases for the classifications represented by American Federation of State, County, & Municipal Employees (AFSCME) labor unit; and
WHEREAS, the Board of Directors of the Estero Municipal Improvement District must approve the Pay Plan in order for the pay ranges to become effective.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Estero Municipal Improvement District that the amended Pay Plan for Fiscal Year 2025-2026 is hereby adopted effective September 9, 2025.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 2nd day of September 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, PRESIDENT
ATTEST:
_______________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.5 Attachment 2 - EMID Resolution

46 City of Foster City / Estero Municipal Improvement District FY 2025-2026 Pay Plan
Effective July 1, 2025 September 9, 2025
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 229 Accountant I Other Management E Hourly $47.3245 $49.6907 $52.1752 $54.7840 $57.5232 Monthly $8,202.91 $8,613.05 $9,043.70 $9,495.89 $9,970.69 Yearly $98,434.96 $103,356.66 $108,524.42 $113,950.72 $119,648.26 923 Accountant II Other Management E Hourly $52.5805 $55.2095 $57.9700 $60.8685 $63.9119 Monthly $9,113.95 $9,569.65 $10,048.13 $10,550.54 $11,078.06 Yearly $109,367.44 $114,835.76 $120,577.60 $126,606.48 $132,936.75 516 Accounting Specialist AFSCME NE Hourly $36.7232 $38.5594 $40.4874 $42.5118 $44.6374 $37.8250 $39.7163 $41.7021 $43.7872 $45.9765
Monthly $6,365.35 $6,683.63 $7,017.82 $7,368.71 $7,737.15 $6,556.33 $6,884.16 $7,228.36 $7,589.78 $7,969.26
Yearly $76,384.26 $80,203.55 $84,213.79 $88,424.54 $92,845.79 $78,676.00 $82,609.90 $86,740.37 $91,077.38 $95,631.17
264 Administrative Assistant I AFSCME NE Hourly $37.9743 $39.8730 $41.8667 $43.9600 $46.1580 $39.1135 $41.0692 $43.1227 $45.2788 $47.5427
Monthly $6,582.21 $6,911.32 $7,256.89 $7,619.73 $8,000.72 $6,779.67 $7,118.66 $7,474.60 $7,848.33 $8,240.74
Yearly $78,986.54 $82,935.84 $87,082.74 $91,436.80 $96,008.64 $81,356.08 $85,423.94 $89,695.22 $94,179.90 $98,888.90
263 Administrative Assistant II AFSCME NE Hourly $41.8667 $43.9600 $46.1580 $48.4659 $50.8892 $43.1228 $45.2789 $47.5428 $49.9199 $52.4159
Monthly $7,256.89 $7,619.73 $8,000.72 $8,400.76 $8,820.79 $7,474.62 $7,848.34 $8,240.75 $8,652.78 $9,085.42
Yearly $87,082.74 $91,436.80 $96,008.64 $100,809.07 $105,849.54 $89,695.42 $94,180.11 $98,889.02 $103,833.39 $109,025.02 114 Administrative Services Director Executive Management E Hourly $108.6190 $114.0500 $119.7525 $125.7401 $132.0271 Monthly $18,827.29 $19,768.67 $20,757.10 $21,794.95 $22,884.70 Yearly $225,927.52 $237,224.00 $249,085.20 $261,539.41 $274,616.37 111 Assistant City Manager Executive Management E Hourly $121.2618 $127.3249 $133.6911 $140.3757 $147.3945 Monthly $21,018.71 $22,069.65 $23,173.12 $24,331.79 $25,548.38 Yearly $252,224.54 $264,835.79 $278,077.49 $291,981.46 $306,580.56 211 Assistant Engineer Other Management E Hourly $58.3810 $61.3000 $64.3650 $67.5833 $70.9625 Monthly $10,119.37 $10,625.33 $11,156.60 $11,714.44 $12,300.17 Yearly $121,432.48 $127,504.00 $133,879.20 $140,573.26 $147,602.00 225 Assistant Finance Director Other Management E Hourly $85.9297 $90.2262 $94.7375 $99.4744 $104.4481 Monthly $14,894.48 $15,639.21 $16,421.17 $17,242.23 $18,104.34 Yearly $178,733.78 $187,670.50 $197,054.00 $206,906.75 $217,252.05 220 Assistant Planner Other Management E Hourly $51.0417 $53.5938 $56.2735 $59.0872 $62.0416 Monthly $8,847.23 $9,289.59 $9,754.07 $10,241.78 $10,753.88 Yearly $106,166.74 $111,475.10 $117,048.88 $122,901.38 $129,046.53 207 Associate Civil Engineer Other Management E Hourly $64.8690 $68.1124 $71.5180 $75.0939 $78.8486 Monthly $11,243.96 $11,806.15 $12,396.45 $13,016.28 $13,667.09 Yearly $134,927.52 $141,673.79 $148,757.44 $156,195.31 $164,005.09 215 Associate Planner Other Management E Hourly $56.7154 $59.5512 $62.5288 $65.6552 $68.9380 Monthly $9,830.67 $10,322.21 $10,838.33 $11,380.23 $11,949.25 Yearly $117,968.03 $123,866.50 $130,059.90 $136,562.82 $143,391.04 507 Building Inspector AFSCME NE Hourly $51.5454 $54.1227 $56.8288 $59.6702 $62.6537 $53.0917 $55.7463 $58.5336 $61.4603 $64.5333
Monthly $8,934.54 $9,381.27 $9,850.33 $10,342.83 $10,859.97 $9,202.56 $9,662.69 $10,145.82 $10,653.12 $11,185.77
Yearly $107,214.43 $112,575.22 $118,203.90 $124,114.02 $130,319.70 $110,430.74 $115,952.30 $121,749.89 $127,837.42 $134,229.29 261 Building Lead Maintenance Worker AFSCME NE Hourly $42.9133 $45.0590 $47.3120 $49.6776 $52.1615 $44.2008 $46.4108 $48.7313 $51.1679 $53.7263
Monthly $7,438.31 $7,810.23 $8,200.75 $8,610.78 $9,041.33 $7,661.47 $8,044.54 $8,446.76 $8,869.10 $9,312.57
Yearly $89,259.66 $93,722.72 $98,408.96 $103,329.41 $108,495.92 $91,937.66 $96,534.46 $101,361.10 $106,429.23 $111,750.80 267 Building Maintenance Worker I AFSCME NE Hourly $36.6462 $38.4785 $40.4024 $42.4225 $44.5436 $37.7456 $39.6329 $41.6145 $43.6952 $45.8799
Monthly $6,352.01 $6,669.61 $7,003.08 $7,353.23 $7,720.89 $6,542.57 $6,869.70 $7,213.18 $7,573.83 $7,952.52
Yearly $76,224.10 $80,035.28 $84,036.99 $88,238.80 $92,650.69 $78,510.85 $82,436.43 $86,558.16 $90,886.02 $95,430.21

Page 1 of 10 ends

6.5 Attachment 3 - CityDistrict Pay Plan Effective FY 2025-2026 Effective September 9, 2025 (redline)

47 City of Foster City / Estero Municipal Improvement District FY 2025-2026 Pay Plan
Effective July 1, 2025 September 9, 2025
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 268 Building Maintenance Worker II AFSCME NE Hourly $40.6447 $42.6769 $44.8107 $47.0512 $49.4038 $41.8639 $43.9571 $46.1550 $48.4628 $50.8859
Monthly $7,045.08 $7,397.33 $7,767.19 $8,155.54 $8,563.33 $7,256.41 $7,619.23 $8,000.20 $8,400.22 $8,820.23
Yearly $84,540.98 $88,767.95 $93,206.26 $97,866.50 $102,759.90 $87,076.91 $91,430.77 $96,002.40 $100,802.62 $105,842.70 527 Building Permit Technician I AFSCME NE Hourly $37.9955 $39.8953 $41.8901 $43.9846 $46.1838 $39.1354 $41.0922 $43.1468 $45.3041 $47.5693
Monthly $6,585.89 $6,915.19 $7,260.95 $7,624.00 $8,005.19 $6,783.47 $7,122.65 $7,478.78 $7,852.71 $8,245.35
Yearly $79,030.64 $82,982.22 $87,131.41 $91,487.97 $96,062.30 $81,401.63 $85,471.78 $89,745.34 $94,232.53 $98,944.17
544 Building Permit Technician II AFSCME NE Hourly $42.3255 $44.4418 $46.6639 $48.9971 $51.4470 $43.5953 $45.7751 $48.0639 $50.4671 $52.9904
Monthly $7,336.42 $7,703.25 $8,088.41 $8,492.83 $8,917.48 $7,556.52 $7,934.35 $8,331.08 $8,747.63 $9,185.00
Yearly $88,037.04 $92,438.94 $97,060.91 $101,913.97 $107,009.76 $90,678.22 $95,212.21 $99,972.91 $104,971.57 $110,220.05 910 Building Serv. Assistant Hrly/PT/Seasonal NE Hourly $17.39 $18.00 $18.63 $19.28 $19.96 310 Building Services Coordinator AFSCME NE Hourly $36.6462 $38.4785 $40.4024 $42.4225 $44.5436 $37.7456 $39.6329 $41.6145 $43.6952 $45.8799

Page 2 of 10 ends

6.5 Attachment 3 - CityDistrict Pay Plan Effective FY 2025-2026 Effective September 9, 2025 (redline)

48 City of Foster City / Estero Municipal Improvement District FY 2025-2026 Pay Plan
Effective July 1, 2025 September 9, 2025
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 Monthly $6,352.01 $6,669.61 $7,003.08 $7,353.23 $7,720.89 $6,542.57 $6,869.70 $7,213.18 $7,573.83 $7,952.52
Yearly $76,224.10 $80,035.28 $84,036.99 $88,238.80 $92,650.69 $78,510.85 $82,436.43 $86,558.16 $90,886.02 $95,430.21
312 Building Services Coordinator Assistant Hrly/PT/Seasonal NE Hourly $19.98 $20.68 $21.40 $22.15 $22.92 309 Building/Fleet Maintance Manager Other Management E Hourly $69.8340 $73.3257 $76.9920 $80.8416 $84.8837 Monthly $12,104.56 $12,709.79 $13,345.28 $14,012.54 $14,713.17 Yearly $145,254.72 $152,517.46 $160,143.36 $168,150.53 $176,558.10 205 Chief Building Official Other Management E Hourly $82.3552 $86.4730 $90.7967 $95.3365 $100.1033 Monthly $14,274.90 $14,988.65 $15,738.09 $16,524.99 $17,351.24 Yearly $171,298.82 $179,863.84 $188,857.14 $198,299.92 $208,214.86 102 Chief of Police Executive Management E Hourly $121.2618 $127.3249 $133.6911 $140.3757 $147.3945 Monthly $21,018.71 $22,069.65 $23,173.12 $24,331.79 $25,548.38 Yearly $252,224.54 $264,835.79 $278,077.49 $291,981.46 $306,580.56 101 City Manager Executive Management E Hourly $162.4565 Monthly $28,159.13
Yearly $337,909.52
920 Clerical Assistant Hrly/PT/Seasonal NE Hourly $17.39 $18.00 $18.63 $19.28 $19.96 255 Code Enforcement Officer I AFSCME NE Hourly $35.7448 $37.5320 $39.4086 $41.3790 $43.4480 $36.8171 $38.6580 $40.5909 $42.6204 $44.7514
Monthly $6,195.77 $6,505.55 $6,830.82 $7,172.36 $7,530.99 $6,381.63 $6,700.72 $7,035.76 $7,387.54 $7,756.92
Yearly $74,349.18 $78,066.56 $81,969.89 $86,068.32 $90,371.84 $76,579.57 $80,408.64 $84,429.07 $88,650.43 $93,083.00
256 Code Enforcement Officer II AFSCME NE Hourly $48.5554 $50.9832 $53.5324 $56.2090 $59.0195 $50.0122 $52.5128 $55.1384 $57.8953 $60.7901
Monthly $8,416.27 $8,837.09 $9,278.95 $9,742.89 $10,230.05 $8,668.78 $9,102.22 $9,557.32 $10,035.19 $10,536.95
Yearly $100,995.23 $106,045.06 $111,347.39 $116,914.72 $122,760.56 $104,025.38 $109,226.62 $114,687.87 $120,422.22 $126,443.38 110 Communications Director / City Clerk Executive Management E Hourly $103.6540 $108.8367 $114.2785 $119.9924 $125.9920 Monthly $17,966.69 $18,865.03 $19,808.27 $20,798.68 $21,838.61 Yearly $215,600.32 $226,380.34 $237,699.28 $249,584.19 $262,063.36 266 Communications Manager Other Management E Hourly $58.6402 $61.5722 $64.6508 $67.8833 $71.2775 Monthly $10,164.30 $10,672.51 $11,206.14 $11,766.44 $12,354.77 Yearly $121,971.62 $128,070.18 $134,473.66 $141,197.26 $148,257.20 106 Community Development Director Executive Management E Hourly $108.6190 $114.0500 $119.7525 $125.7401 $132.0271 Monthly $18,827.29 $19,768.67 $20,757.10 $21,794.95 $22,884.70 Yearly $225,927.52 $237,224.00 $249,085.20 $261,539.41 $274,616.37 930 Cross-Connection Control Specialist AFSCME NE Hourly $43.7108 $45.8963 $48.1911 $50.6007 $53.1307 $45.0221 $47.2732 $49.6369 $52.1187 $54.7246
Monthly $7,576.54 $7,955.36 $8,353.12 $8,770.79 $9,209.32 $7,803.83 $8,194.02 $8,603.73 $9,033.91 $9,485.60
Yearly $90,918.46 $95,464.30 $100,237.49 $105,249.46 $110,511.86 $93,645.97 $98,328.26 $103,244.75 $108,406.90 $113,827.21 913 Department Intern Hrly/PT/Seasonal NE Hourly* $17.39 $30.00 234 Deputy City Clerk Other Management NE Hourly $46.9121 $49.2577 $51.7206 $54.3066 $57.0219 Monthly $8,131.43 $8,538.00 $8,964.90 $9,413.14 $9,883.80 Yearly $97,577.17 $102,456.02 $107,578.85 $112,957.73 $118,605.55 109 Deputy City Manager Executive Management E Hourly $108.6190 $114.0500 $119.7525 $125.7401 $132.0271 Monthly $18,827.29 $19,768.67 $20,757.10 $21,794.95 $22,884.70 Yearly $225,927.52 $237,224.00 $249,085.20 $261,539.41 $274,616.37 104 Director of Public Works Executive Management E Hourly $111.2734 $116.8371 $122.6790 $128.8130 $135.2536 Monthly $19,287.39 $20,251.76 $21,264.36 $22,327.59 $23,443.96 Yearly $231,448.67 $243,021.17 $255,172.32 $267,931.04 $281,327.49 924 Economic Development Manager Other Management E Hourly $81.3665 $85.4348 $89.7065 $94.1918 $98.9014 Monthly $14,103.53 $14,808.70 $15,549.13 $16,326.58 $17,142.91 Yearly $169,242.32 $177,704.38 $186,589.52 $195,918.94 $205,714.91 512 Engineering Manager Other Management E Hourly $89.8479 $94.3403 $99.0573 $104.0102 $109.2107 Monthly $15,573.64 $16,352.32 $17,169.93 $18,028.43 $18,929.85 Yearly $186,883.63 $196,227.82 $206,039.18 $216,341.22 $227,158.26 503 Equipment Maintenance Worker AFSCME NE Hourly $38.4753 $40.3991 $42.4191 $44.5401 $46.7671 $39.6296 $41.6111 $43.6917 $45.8763 $48.1701

Page 3 of 10 ends

6.5 Attachment 3 - CityDistrict Pay Plan Effective FY 2025-2026 Effective September 9, 2025 (redline)

49 City of Foster City / Estero Municipal Improvement District FY 2025-2026 Pay Plan
Effective July 1, 2025 September 9, 2025
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 Monthly $6,669.05 $7,002.51 $7,352.64 $7,720.28 $8,106.30 $6,869.13 $7,212.59 $7,573.23 $7,951.89 $8,349.49
Yearly $80,028.62 $84,030.13 $88,231.73 $92,643.41 $97,275.57 $82,429.57 $86,551.09 $90,878.74 $95,422.70 $100,193.84 107 Finance Director Executive Management E Hourly $108.6190 $114.0500 $119.7525 $125.7401 $132.0271 Monthly $18,827.29 $19,768.67 $20,757.10 $21,794.95 $22,884.70 Yearly $225,927.52 $237,224.00 $249,085.20 $261,539.41 $274,616.37 300 Financial Services Manager Other Management E Hourly $74.9790 $78.7279 $82.6643 $86.7975 $91.1374 Monthly $12,996.36 $13,646.17 $14,328.48 $15,044.90 $15,797.15 Yearly $155,956.32 $163,754.03 $171,941.74 $180,538.80 $189,565.79 928 Fleet Supervisor Other Management E Hourly $53.9666 $56.6649 $59.4981 $62.4730 $65.5967 Monthly $9,354.21 $9,821.92 $10,313.00 $10,828.65 $11,370.09

Page 4 of 10 ends

6.5 Attachment 3 - CityDistrict Pay Plan Effective FY 2025-2026 Effective September 9, 2025 (redline)

50 City of Foster City / Estero Municipal Improvement District FY 2025-2026 Pay Plan
Effective July 1, 2025 September 9, 2025
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 Yearly $112,250.53 $117,862.99 $123,756.05 $129,943.84 $136,441.14 925 Housing Coordinator Other Management NE Hourly $58.2330 $61.1446 $64.2018 $67.4119 $70.7825 Monthly $10,093.72 $10,598.40 $11,128.31 $11,684.73 $12,268.97 Yearly $121,124.64 $127,180.77 $133,539.74 $140,216.75 $147,227.60 929 Housing & Sustainability Manager Other Management E Hourly $76.7247 $80.5609 $84.5889 $88.8183 $93.2592 Monthly $13,298.95 $13,963.89 $14,662.08 $15,395.17 $16,164.93 Yearly $159,587.38 $167,566.67 $175,944.91 $184,742.06 $193,979.14 404 Human Resources Analyst Other Management E Hourly $55.7214 $58.5075 $61.4329 $64.5045 $67.7297 Monthly $9,658.38 $10,141.30 $10,648.37 $11,180.78 $11,739.81 Yearly $115,900.51 $121,695.60 $127,780.43 $134,169.36 $140,877.78 252 Human Resources Manager Other Management E Hourly $81.3665 $85.4348 $89.7065 $94.1918 $98.9014 Monthly $14,103.53 $14,808.70 $15,549.13 $16,326.58 $17,142.91 Yearly $169,242.32 $177,704.38 $186,589.52 $195,918.94 $205,714.91 403 Human Resources Technician Other Management NE Hourly $43.7077 $45.8931 $48.1878 $50.5972 $53.1271 Monthly $7,576.00 $7,954.80 $8,352.55 $8,770.18 $9,208.70 Yearly $90,912.02 $95,457.65 $100,230.62 $105,242.18 $110,504.37 238 Information Technology Manager Other Management E Hourly $81.3665 $85.4348 $89.7065 $94.1918 $98.9014 Monthly $14,103.53 $14,808.70 $15,549.13 $16,326.58 $17,142.91 Yearly $169,242.32 $177,704.38 $186,589.52 $195,918.94 $205,714.91 926 Irrigation Technician AFSCME NE Hourly $42.9133 $45.0590 $47.3120 $49.6776 $52.1615 $44.2008 $46.4108 $48.7313 $51.1679 $53.7263
Monthly $7,438.31 $7,810.23 $8,200.75 $8,610.78 $9,041.33 $7,661.47 $8,044.54 $8,446.76 $8,869.10 $9,312.57
Yearly $89,259.66 $93,722.72 $98,408.96 $103,329.41 $108,495.92 $91,937.66 $96,534.46 $101,361.10 $106,429.23 $111,750.80 228 Management Analyst Other Management E Hourly $58.2330 $61.1446 $64.2018 $67.4119 $70.7825 Monthly $10,093.72 $10,598.40 $11,128.31 $11,684.73 $12,268.97 Yearly $121,124.64 $127,180.77 $133,539.74 $140,216.75 $147,227.60 233 Management Assistant Other Management E Hourly $39.8212 $41.8123 $43.9029 $46.0980 $48.4029 Monthly $6,902.34 $7,247.47 $7,609.84 $7,990.32 $8,389.84 Yearly $82,828.10 $86,969.58 $91,318.03 $95,883.84 $100,678.03 501 Mechanic I AFSCME NE Hourly $43.4795 $45.6535 $47.9362 $50.3330 $52.8497 $44.7839 $47.0231 $49.3743 $51.8430 $54.4352
Monthly $7,536.45 $7,913.27 $8,308.94 $8,724.39 $9,160.61 $7,762.54 $8,150.67 $8,558.21 $8,986.12 $9,435.43
Yearly $90,437.36 $94,959.28 $99,707.30 $104,692.64 $109,927.38 $93,150.51 $97,808.05 $102,698.54 $107,833.44 $113,225.20 520 Office Assistant I AFSCME NE Hourly $30.4462 $31.9685 $31.3596 $32.9276
Monthly $5,277.34 $5,541.21
$5,435.66 $5,707.44
Yearly $63,328.10 $66,494.48
$65,227.97 $68,489.31
519 Office Assistant II AFSCME NE Hourly $33.5668 $35.2451 $37.0074 $38.8578 $40.8007 $34.5738 $36.3025 $38.1176 $40.0235 $42.0247
Monthly $5,818.25 $6,109.15 $6,414.62 $6,735.35 $7,072.12 $5,992.79 $6,292.43 $6,607.05 $6,937.41 $7,284.28
Yearly $69,818.94 $73,309.81 $76,975.39 $80,824.22 $84,865.46 $71,913.50 $75,509.20 $79,284.61 $83,248.88 $87,411.42
108 Parks & Recreation Director Executive Management E Hourly $108.6190 $114.0500 $119.7525 $125.7401 $132.0271 Monthly $18,827.29 $19,768.67 $20,757.10 $21,794.95 $22,884.70 Yearly $225,927.52 $237,224.00 $249,085.20 $261,539.41 $274,616.37 537 Parks Lead Maintenance Worker AFSCME NE Hourly $42.9133 $45.0590 $47.3120 $49.6776 $52.1615 $44.2008 $46.4108 $48.7313 $51.1679 $53.7263
Monthly $7,438.31 $7,810.23 $8,200.75 $8,610.78 $9,041.33 $7,661.47 $8,044.54 $8,446.76 $8,869.10 $9,312.57
Yearly $89,259.66 $93,722.72 $98,408.96 $103,329.41 $108,495.92 $91,937.66 $96,534.46 $101,361.10 $106,429.23 $111,750.80 308 Parks Maintenance Manager Other Management E Hourly $68.3641 $71.7823 $75.3714 $79.1400 $83.0970 Monthly $11,849.78 $12,442.27 $13,064.38 $13,717.60 $14,403.48 Yearly $142,197.33 $149,307.18 $156,772.51 $164,611.20 $172,841.76 927 Parks Maintenance Supervisor Other Management E Hourly $54.6110 $57.3415 $60.2086 $63.2190 $66.3800 Monthly $9,465.91 $9,939.19 $10,436.16 $10,957.96 $11,505.87

Page 5 of 10 ends

6.5 Attachment 3 - CityDistrict Pay Plan Effective FY 2025-2026 Effective September 9, 2025 (redline)

51 City of Foster City / Estero Municipal Improvement District FY 2025-2026 Pay Plan
Effective July 1, 2025 September 9, 2025
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 Yearly $113,590.88 $119,270.32 $125,233.89 $131,495.52 $138,070.40 533 Parks Maintenance Worker AFSCME NE Hourly $32.0227 $33.6238 $32.9833 $34.6325
Monthly $5,550.60 $5,828.13
$5,717.11 $6,002.97
Yearly $66,607.22 $69,937.50
$68,605.26 $72,035.63
532 Parks Maintenance Worker I AFSCME NE Hourly $35.3049 $37.0701 $38.9236 $40.8698 $42.9133 $36.3640 $38.1822 $40.0913 $42.0959 $44.2007
Monthly $6,119.52 $6,425.48 $6,746.76 $7,084.10 $7,438.31 $6,303.09 $6,618.25 $6,949.16 $7,296.62 $7,661.45
Yearly $73,434.19 $77,105.81 $80,961.09 $85,009.18 $89,259.66 $75,637.12 $79,418.98 $83,389.90 $87,559.47 $91,937.45

Page 6 of 10 ends

6.5 Attachment 3 - CityDistrict Pay Plan Effective FY 2025-2026 Effective September 9, 2025 (redline)

52 City of Foster City / Estero Municipal Improvement District FY 2025-2026 Pay Plan
Effective July 1, 2025 September 9, 2025
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 530 Parks Maintenance Worker II AFSCME NE Hourly $38.9236 $40.8698 $42.9133 $45.0590 $47.3120 $40.0914 $42.0960 $44.2008 $46.4108 $48.7314
Monthly $6,746.76 $7,084.10 $7,438.31 $7,810.23 $8,200.75 $6,949.18 $7,296.64 $7,661.47 $8,044.54 $8,446.77
Yearly $80,961.09 $85,009.18 $89,259.66 $93,722.72 $98,408.96 $83,390.11 $87,559.68 $91,937.66 $96,534.46 $101,361.23 227 Planning Manager Other Management E Hourly $79.5052 $83.4805 $87.6545 $92.0372 $96.6391 Monthly $13,780.90 $14,469.95 $15,193.45 $15,953.11 $16,750.78 Yearly $165,370.82 $173,639.44 $182,321.36 $191,437.38 $201,009.33 543 Plans Examiner AFSCME NE Hourly $62.6537 $65.7864 $69.0757 $72.5295 $76.1560 $64.5333 $67.7600 $71.1480 $74.7054 $78.4407
Monthly $10,859.97 $11,402.98 $11,973.12 $12,571.78 $13,200.37 $11,185.77 $11,745.07 $12,332.32 $12,948.94 $13,596.38
Yearly $130,319.70 $136,835.71 $143,677.46 $150,861.36 $158,404.48 $134,229.26 $140,940.80 $147,987.84 $155,387.23 $163,156.61 201 Police Captain Other Management E Hourly $102.0676 $107.1710 $112.5296 $118.1561 $124.0639 Monthly $17,691.72 $18,576.31 $19,505.13 $20,480.39 $21,504.41 Yearly $212,300.61 $222,915.68 $234,061.57 $245,764.69 $258,052.91 602 Police Corporal FCPOA NE Hourly $66.5988 $69.9287 $73.4251 $77.0964 $80.9512 Monthly $11,543.79 $12,120.97 $12,727.02 $13,363.38 $14,031.54 Yearly $138,525.50 $145,451.70 $152,724.21 $160,360.51 $168,378.50 541 Police Dispatch Supervisor FCPOA NE Hourly $61.1698 $64.2283 $67.4397 $70.8117 $74.3523 Monthly $1,060.28 $1,113.29 $1,168.95 $1,227.40 $1,288.77 Yearly $12,723.32 $13,359.49 $14,027.46 $14,728.83 $15,465.28 535 Police Lead Dispatcher FCPOA NE Hourly $56.0323 $58.8339 $61.7756 $64.8644 $68.1076 Monthly $9,712.27 $10,197.88 $10,707.77 $11,243.16 $11,805.32 Yearly $116,547.18 $122,374.51 $128,493.25 $134,917.95 $141,663.81 206 Police Lieutenant Other Management E Hourly $88.7533 $93.1910 $97.8505 $102.7430 $107.8802 Monthly $15,383.91 $16,153.11 $16,960.75 $17,808.79 $18,699.23 Yearly $184,606.86 $193,837.28 $203,529.04 $213,705.44 $224,390.82 603 Police Officer FCPOA NE Hourly $60.1914 $63.2010 $66.3610 $69.6790 $73.1629 Monthly $10,433.18 $10,954.84 $11,502.57 $12,077.69 $12,681.57 Yearly $125,198.11 $131,458.08 $138,030.88 $144,932.32 $152,178.83 604 Police Officer Recruit FCPOA NE Hourly $54.5952 $57.3250 Monthly $9,463.17 $9,936.33
Yearly $113,558.02 $119,236.00
517 Police Records Specialist AFSCME NE Hourly $37.3335 $39.2002 $41.1602 $43.2182 $45.3791 $38.4535 $40.3762 $42.3950 $44.5147 $46.7405
Monthly $6,471.14 $6,794.70 $7,134.43 $7,491.15 $7,865.71 $6,665.27 $6,998.54 $7,348.47 $7,715.88 $8,101.68
Yearly $77,653.68 $81,536.42 $85,613.22 $89,893.86 $94,388.53 $79,983.28 $83,982.50 $88,181.60 $92,590.58 $97,220.18
540 Police Records Supervisor Other Management NE Hourly $53.3208 $55.9868 $58.7861 $61.7254 $64.8117 Monthly $9,242.27 $9,704.38 $10,189.59 $10,699.07 $11,234.03 Yearly $110,907.26 $116,452.54 $122,275.09 $128,388.83 $134,808.34 601 Police Sergeant FCPOA NE Hourly $72.8894 $76.5339 $80.3606 $84.3786 $88.5975 Monthly $12,634.16 $13,265.88 $13,929.17 $14,625.62 $15,356.90 Yearly $151,609.95 $159,190.51 $167,150.05 $175,507.49 $184,282.80 511 Police/Fire Dispatcher FCPOA NE Hourly $50.8230 $53.3641 $56.0323 $58.8339 $61.7756 Monthly $8,809.32 $9,249.78 $9,712.27 $10,197.88 $10,707.77 Yearly $105,711.84 $110,997.33 $116,547.18 $122,374.51 $128,493.25 250 Principal Management Analyst Other Management E Hourly $77.0147 $80.8654 $84.9087 $89.1541 $93.6118 Monthly $13,349.21 $14,016.67 $14,717.51 $15,453.38 $16,226.05 Yearly $160,190.58 $168,200.03 $176,610.10 $185,440.53 $194,712.54 536 Public Works Lead Maintenance Worker AFSCME NE Hourly $43.7108 $45.8963 $48.1911 $50.6007 $53.1307 $45.0221 $47.2732 $49.6369 $52.1187 $54.7246
Monthly $7,576.54 $7,955.36 $8,353.12 $8,770.79 $9,209.32 $7,803.83 $8,194.02 $8,603.73 $9,033.91 $9,485.60
Yearly $90,918.46 $95,464.30 $100,237.49 $105,249.46 $110,511.86 $93,645.97 $98,328.26 $103,244.75 $108,406.90 $113,827.21 202 Public Works Maintenance Manager Other Management E Hourly $73.5090 $77.1844 $81.0436 $85.0958 $89.3506 Monthly $12,741.56 $13,378.63 $14,047.56 $14,749.94 $15,487.44 Yearly $152,898.72 $160,543.55 $168,570.69 $176,999.26 $185,849.25

Page 7 of 10 ends

6.5 Attachment 3 - CityDistrict Pay Plan Effective FY 2025-2026 Effective September 9, 2025 (redline)

53 City of Foster City / Estero Municipal Improvement District FY 2025-2026 Pay Plan
Effective July 1, 2025 September 9, 2025
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 213 Public Works Maintenance Superintendent Other Management E Hourly $62.4790 $65.6029 $68.8830 $72.3271 $75.9435 Monthly $10,829.69 $11,371.17 $11,939.72 $12,536.70 $13,163.54 Yearly $129,956.32 $136,454.03 $143,276.64 $150,440.37 $157,962.48 534 Public Works Maintenance Worker AFSCME NE Hourly $32.6177 $34.2486 $33.5962 $35.2761
Monthly $5,653.73 $5,936.42
$5,823.34 $6,114.52
Yearly $67,844.82 $71,237.09
$69,880.10 $73,374.20

Page 8 of 10 ends

6.5 Attachment 3 - CityDistrict Pay Plan Effective FY 2025-2026 Effective September 9, 2025 (redline)

54 City of Foster City / Estero Municipal Improvement District FY 2025-2026 Pay Plan
Effective July 1, 2025 September 9, 2025
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 531 Public Works Maintenance Worker I AFSCME NE Hourly $35.9610 $37.7590 $39.6470 $41.6293 $43.7108 $37.0398 $38.8918 $40.8364 $42.8782 $45.0221
Monthly $6,233.24 $6,544.89 $6,872.15 $7,215.75 $7,576.54 $6,420.23 $6,741.25 $7,078.31 $7,432.22 $7,803.83
Yearly $74,798.88 $78,538.72 $82,465.76 $86,588.94 $90,918.46 $77,042.78 $80,894.94 $84,939.71 $89,186.66 $93,646.02
529 Public Works Maintenance Worker II AFSCME NE Hourly $39.6470 $41.6293 $43.7108 $45.8963 $48.1911 $40.8364 $42.8782 $45.0221 $47.2732 $49.6368
Monthly $6,872.15 $7,215.75 $7,576.54 $7,955.36 $8,353.12 $7,078.31 $7,432.22 $7,803.83 $8,194.02 $8,603.72
Yearly $82,465.76 $86,588.94 $90,918.46 $95,464.30 $100,237.49 $84,939.71 $89,186.66 $93,645.97 $98,328.26 $103,244.61 265 Recreation Coordinator I AFSCME NE Hourly $40.9763 $43.0251 $45.1764 $47.4352 $49.8070 $42.2056 $44.3159 $46.5317 $48.8583 $51.3012
Monthly $7,102.56 $7,457.68 $7,830.58 $8,222.10 $8,633.21 $7,315.64 $7,681.42 $8,065.49 $8,468.77 $8,892.21
Yearly $85,230.70 $89,492.21 $93,966.91 $98,665.22 $103,598.56 $87,787.65 $92,177.07 $96,785.94 $101,625.26 $106,706.52 262 Recreation Coordinator II AFSCME NE Hourly $45.1764 $47.4352 $49.8070 $52.2974 $54.9123 $46.5318 $48.8584 $51.3013 $53.8664 $56.5597
Monthly $7,830.58 $8,222.10 $8,633.21 $9,064.88 $9,518.13 $8,065.51 $8,468.79 $8,892.23 $9,336.84 $9,803.68
Yearly $93,966.91 $98,665.22 $103,598.56 $108,778.59 $114,217.58 $96,786.14 $101,625.47 $106,706.70 $112,042.11 $117,644.11 907 Recreation Leader I Hrly/PT/Seasonal NE Hourly $17.39 $18.00 $18.63 $19.28 $19.96 915 Recreation Leader II Hrly/PT/Seasonal NE Hourly $18.64 $19.30 $19.96 $20.67 $21.40 908 Recreation Leader III Hrly/PT/Seasonal NE Hourly $19.98 $20.68 $21.40 $22.15 $22.92 307 Recreation Manager Other Management E Hourly $67.2854 $70.6497 $74.1822 $77.8913 $81.7859 Monthly $11,662.80 $12,245.95 $12,858.25 $13,501.16 $14,176.22 Yearly $139,953.63 $146,951.38 $154,298.98 $162,013.90 $170,114.67 251 Senior Accountant Other Management E Hourly $60.4695 $63.4930 $66.6677 $70.0011 $73.5012 Monthly $10,481.38 $11,005.45 $11,555.73 $12,133.52 $12,740.21 Yearly $125,776.56 $132,065.44 $138,668.82 $145,602.29 $152,882.50 528 Senior Accounting Specialist AFSCME NE Hourly $40.4874 $42.5118 $44.6374 $46.8693 $49.2128 $41.7021 $43.7872 $45.9766 $48.2754 $50.6892
Monthly $7,017.82 $7,368.71 $7,737.15 $8,124.01 $8,530.22 $7,228.36 $7,589.78 $7,969.28 $8,367.74 $8,786.13
Yearly $84,213.79 $88,424.54 $92,845.79 $97,488.14 $102,362.62 $86,740.37 $91,077.38 $95,631.33 $100,412.83 $105,433.50 204 Senior Civil Engineer Other Management E Hourly $74.5983 $78.3282 $82.2446 $86.3568 $90.6746 Monthly $12,930.37 $13,576.89 $14,255.73 $14,968.51 $15,716.93 Yearly $155,164.46 $162,922.66 $171,068.77 $179,622.14 $188,603.17 253 Senior Human Resources Analyst Other Management E Hourly $64.0810 $67.2851 $70.6494 $74.1819 $77.8910 Monthly $11,107.37 $11,662.75 $12,245.90 $12,858.20 $13,501.11 Yearly $133,288.48 $139,953.01 $146,950.75 $154,298.35 $162,013.28 245 Senior Management Analyst Other Management E Hourly $66.9682 $70.3166 $73.8324 $77.5240 $81.4002 Monthly $11,607.82 $12,188.21 $12,797.62 $13,437.49 $14,109.37 Yearly $139,293.86 $146,258.53 $153,571.39 $161,249.92 $169,312.42 219 Senior Planner Other Management E Hourly $65.2233 $68.4845 $71.9087 $75.5041 $79.2793 Monthly $11,305.37 $11,870.65 $12,464.17 $13,087.38 $13,741.75 Yearly $135,664.46 $142,447.76 $149,570.10 $157,048.53 $164,900.94 247 Social Media / Communication Assistant AFSCME NE Hourly $42.9514 $45.0990 $47.3539 $49.7216 $52.2077 $44.2400 $46.4520 $48.7746 $51.2133 $53.7739
Monthly $7,444.91 $7,817.16 $8,208.01 $8,618.41 $9,049.33 $7,668.27 $8,051.68 $8,454.26 $8,876.97 $9,320.81
Yearly $89,338.91 $93,805.92 $98,496.11 $103,420.93 $108,592.02 $92,019.20 $96,620.16 $101,451.17 $106,523.66 $111,849.78 525 Sr. Bldg Inspector AFSCME NE Hourly $56.8288 $59.6702 $62.6537 $65.7864 $69.0757 $58.5336 $61.4603 $64.5333 $67.7600 $71.1480
Monthly $9,850.33 $10,342.83 $10,859.97 $11,402.98 $11,973.12 $10,145.82 $10,653.12 $11,185.77 $11,745.07 $12,332.31
Yearly $118,203.90 $124,114.02 $130,319.70 $136,835.71 $143,677.46 $121,749.89 $127,837.42 $134,229.26 $140,940.80 $147,987.78

Page 9 of 10 ends

6.5 Attachment 3 - CityDistrict Pay Plan Effective FY 2025-2026 Effective September 9, 2025 (redline)

55 City of Foster City / Estero Municipal Improvement District FY 2025-2026 Pay Plan
Effective July 1, 2025 September 9, 2025
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 518 Sr. Comm. Services Officer AFSCME NE Hourly $39.1437 $41.1009 $43.1559 $45.3137 $47.5794 $40.3180 $42.3339 $44.4506 $46.6731 $49.0068
Monthly $6,784.91 $7,124.16 $7,480.36 $7,854.37 $8,247.10 $6,988.45 $7,337.88 $7,704.77 $8,090.00 $8,494.51
Yearly $81,418.90 $85,489.87 $89,764.27 $94,252.50 $98,965.15 $83,861.44 $88,054.51 $92,457.25 $97,080.05 $101,934.11 509 Sr. Engineering Technician AFSCME NE Hourly $45.7266 $48.0129 $50.4135 $52.9342 $55.5809 $47.0983 $49.4532 $51.9259 $54.5222 $57.2483
Monthly $7,925.94 $8,322.24 $8,738.34 $9,175.26 $9,634.02 $8,163.71 $8,571.89 $9,000.49 $9,450.51 $9,923.04
Yearly $95,111.33 $99,866.83 $104,860.08 $110,103.14 $115,608.27 $97,964.46 $102,862.66 $108,005.87 $113,406.18 $119,076.52 216 Sr. Systems Analyst Other Management E Hourly $61.4999 $64.5749 $67.8036 $71.1938 $74.7535 Monthly $61.50 $64.57 $67.80 $71.19 $74.75
Yearly $127,919.79 $134,315.79 $141,031.49 $148,083.10 $155,487.28 921 Technology Analyst I Other Management E Hourly $47.8797 $50.2737 $52.7874 $55.4268 $58.1981 Monthly $8,299.15 $8,714.11 $9,149.82 $9,607.31 $10,087.67 Yearly $99,589.78 $104,569.30 $109,797.79 $115,287.74 $121,052.05 922 Technology Analyst II Other Management E Hourly $54.3625 $57.0806 $59.9346 $62.9313 $66.0779 Monthly $9,422.83 $9,893.97 $10,388.66 $10,908.09 $11,453.50 Yearly $113,074.00 $118,727.65 $124,663.97 $130,897.10 $137,442.03 248 Videographer Hrly/PT/Seasonal NE Range* $20.00 $30.00

Page 10 of 10 ends

6.5 Attachment 3 - CityDistrict Pay Plan Effective FY 2025-2026 Effective September 9, 2025 (redline)

56 City of Foster City / Estero Municipal Improvement District FY 2025-2026 Pay Plan
Effective September 9, 2025
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 229 Accountant I Other Management E Hourly $47.3245 $49.6907 $52.1752 $54.7840 $57.5232 Monthly $8,202.91 $8,613.05 $9,043.70 $9,495.89 $9,970.69 Yearly $98,434.96 $103,356.66 $108,524.42 $113,950.72 $119,648.26 923 Accountant II Other Management E Hourly $52.5805 $55.2095 $57.9700 $60.8685 $63.9119 Monthly $9,113.95 $9,569.65 $10,048.13 $10,550.54 $11,078.06 Yearly $109,367.44 $114,835.76 $120,577.60 $126,606.48 $132,936.75 516 Accounting Specialist AFSCME NE Hourly $37.8250 $39.7163 $41.7021 $43.7872 $45.9766 Monthly $6,556.33 $6,884.16 $7,228.36 $7,589.78 $7,969.28 Yearly $78,676.00 $82,609.90 $86,740.37 $91,077.38 $95,631.33 264 Administrative Assistant I AFSCME NE Hourly $39.1136 $41.0693 $43.1228 $45.2789 $47.5428 Monthly $6,779.69 $7,118.68 $7,474.62 $7,848.34 $8,240.75 Yearly $81,356.29 $85,424.14 $89,695.42 $94,180.11 $98,889.02 263 Administrative Assistant II AFSCME NE Hourly $43.1228 $45.2789 $47.5428 $49.9199 $52.4159 Monthly $7,474.62 $7,848.34 $8,240.75 $8,652.78 $9,085.42 Yearly $89,695.42 $94,180.11 $98,889.02 $103,833.39 $109,025.07 114 Administrative Services Director Executive Management E Hourly $108.6190 $114.0500 $119.7525 $125.7401 $132.0271 Monthly $18,827.29 $19,768.67 $20,757.10 $21,794.95 $22,884.70 Yearly $225,927.52 $237,224.00 $249,085.20 $261,539.41 $274,616.37 111 Assistant City Manager Executive Management E Hourly $121.2618 $127.3249 $133.6911 $140.3757 $147.3945 Monthly $21,018.71 $22,069.65 $23,173.12 $24,331.79 $25,548.38 Yearly $252,224.54 $264,835.79 $278,077.49 $291,981.46 $306,580.56 211 Assistant Engineer Other Management E Hourly $58.3810 $61.3000 $64.3650 $67.5833 $70.9625 Monthly $10,119.37 $10,625.33 $11,156.60 $11,714.44 $12,300.17 Yearly $121,432.48 $127,504.00 $133,879.20 $140,573.26 $147,602.00 225 Assistant Finance Director Other Management E Hourly $85.9297 $90.2262 $94.7375 $99.4744 $104.4481 Monthly $14,894.48 $15,639.21 $16,421.17 $17,242.23 $18,104.34 Yearly $178,733.78 $187,670.50 $197,054.00 $206,906.75 $217,252.05 220 Assistant Planner Other Management E Hourly $51.0417 $53.5938 $56.2735 $59.0872 $62.0416 Monthly $8,847.23 $9,289.59 $9,754.07 $10,241.78 $10,753.88 Yearly $106,166.74 $111,475.10 $117,048.88 $122,901.38 $129,046.53 207 Associate Civil Engineer Other Management E Hourly $64.8690 $68.1124 $71.5180 $75.0939 $78.8486 Monthly $11,243.96 $11,806.15 $12,396.45 $13,016.28 $13,667.09 Yearly $134,927.52 $141,673.79 $148,757.44 $156,195.31 $164,005.09 215 Associate Planner Other Management E Hourly $56.7154 $59.5512 $62.5288 $65.6552 $68.9380 Monthly $9,830.67 $10,322.21 $10,838.33 $11,380.23 $11,949.25 Yearly $117,968.03 $123,866.50 $130,059.90 $136,562.82 $143,391.04 507 Building Inspector AFSCME NE Hourly $53.0918 $55.7464 $58.5337 $61.4604 $64.5334 Monthly $9,202.58 $9,662.71 $10,145.84 $10,653.14 $11,185.79 Yearly $110,430.94 $115,952.51 $121,750.10 $127,837.63 $134,229.47 261 Building Lead Maintenance Worker AFSCME NE Hourly $44.2008 $46.4108 $48.7313 $51.1679 $53.7263 Monthly $7,661.47 $8,044.54 $8,446.76 $8,869.10 $9,312.56 Yearly $91,937.66 $96,534.46 $101,361.10 $106,429.23 $111,750.70 267 Building Maintenance Worker I AFSCME NE Hourly $37.7454 $39.6327 $41.6143 $43.6950 $45.8798 Monthly $6,542.54 $6,869.67 $7,213.15 $7,573.80 $7,952.50 Yearly $78,510.43 $82,436.02 $86,557.74 $90,885.60 $95,429.98 268 Building Maintenance Worker II AFSCME NE Hourly $41.8639 $43.9571 $46.1550 $48.4628 $50.8859 Monthly $7,256.41 $7,619.23 $8,000.20 $8,400.22 $8,820.22 Yearly $87,076.91 $91,430.77 $96,002.40 $100,802.62 $105,842.67 527 Building Permit Technician I AFSCME NE Hourly $39.1354 $41.0922 $43.1468 $45.3041 $47.5693 Monthly $6,783.47 $7,122.65 $7,478.78 $7,852.71 $8,245.35 Yearly $81,401.63 $85,471.78 $89,745.34 $94,232.53 $98,944.14 544 Building Permit Technician II AFSCME NE Hourly $43.5954 $45.7752 $48.0640 $50.4672 $52.9906 Monthly $7,556.54 $7,934.37 $8,331.09 $8,747.65 $9,185.04 Yearly $90,678.43 $95,212.42 $99,973.12 $104,971.78 $110,220.45 910 Building Serv. Assistant Hrly/PT/Seasonal NE Hourly $17.39 $18.00 $18.63 $19.28 $19.96 310 Building Services Coordinator AFSCME NE Hourly $37.7454 $39.6327 $41.6143 $43.6950 $45.8798

Page 1 of 5 ends

6.5 Attachment 4 - CityDistrict Pay Plan FY 2025-2026 Effective September 9, 2025

57 City of Foster City / Estero Municipal Improvement District FY 2025-2026 Pay Plan
Effective September 9, 2025
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 Monthly $6,542.54 $6,869.67 $7,213.15 $7,573.80 $7,952.50 Yearly $78,510.43 $82,436.02 $86,557.74 $90,885.60 $95,429.98 312 Building Services Coordinator Assistant Hrly/PT/Seasonal NE Hourly $19.98 $20.68 $21.40 $22.15 $22.92 309 Building/Fleet Maintance Manager Other Management E Hourly $69.8340 $73.3257 $76.9920 $80.8416 $84.8837 Monthly $12,104.56 $12,709.79 $13,345.28 $14,012.54 $14,713.17 Yearly $145,254.72 $152,517.46 $160,143.36 $168,150.53 $176,558.10 205 Chief Building Official Other Management E Hourly $82.3552 $86.4730 $90.7967 $95.3365 $100.1033 Monthly $14,274.90 $14,988.65 $15,738.09 $16,524.99 $17,351.24 Yearly $171,298.82 $179,863.84 $188,857.14 $198,299.92 $208,214.86 102 Chief of Police Executive Management E Hourly $121.2618 $127.3249 $133.6911 $140.3757 $147.3945 Monthly $21,018.71 $22,069.65 $23,173.12 $24,331.79 $25,548.38 Yearly $252,224.54 $264,835.79 $278,077.49 $291,981.46 $306,580.56 101 City Manager Executive Management E Hourly $162.4565 Monthly $28,159.13
Yearly $337,909.52
920 Clerical Assistant Hrly/PT/Seasonal NE Hourly $17.39 $18.00 $18.63 $19.28 $19.96 255 Code Enforcement Officer I AFSCME NE Hourly $38.2162 $40.1270 $42.1333 $44.2400 $46.4520 Monthly $6,624.14 $6,955.35 $7,303.11 $7,668.27 $8,051.68 Yearly $79,489.70 $83,464.16 $87,637.26 $92,019.20 $96,620.16 256 Code Enforcement Officer II AFSCME NE Hourly $50.0121 $52.5127 $55.1383 $57.8952 $60.7900 Monthly $8,668.76 $9,102.20 $9,557.31 $10,035.17 $10,536.93 Yearly $104,025.17 $109,226.42 $114,687.66 $120,422.02 $126,443.20 110 Communications Director / City Clerk Executive Management E Hourly $103.6540 $108.8367 $114.2785 $119.9924 $125.9920 Monthly $17,966.69 $18,865.03 $19,808.27 $20,798.68 $21,838.61 Yearly $215,600.32 $226,380.34 $237,699.28 $249,584.19 $262,063.36 266 Communications Manager Other Management E Hourly $58.6402 $61.5722 $64.6508 $67.8833 $71.2775 Monthly $10,164.30 $10,672.51 $11,206.14 $11,766.44 $12,354.77 Yearly $121,971.62 $128,070.18 $134,473.66 $141,197.26 $148,257.20 106 Community Development Director Executive Management E Hourly $108.6190 $114.0500 $119.7525 $125.7401 $132.0271 Monthly $18,827.29 $19,768.67 $20,757.10 $21,794.95 $22,884.70 Yearly $225,927.52 $237,224.00 $249,085.20 $261,539.41 $274,616.37 930 Cross-Connection Control Specialist AFSCME NE Hourly $45.0221 $47.2732 $49.6369 $52.1187 $54.7246 Monthly $7,803.83 $8,194.02 $8,603.73 $9,033.91 $9,485.60 Yearly $93,645.97 $98,328.26 $103,244.75 $108,406.90 $113,827.17 913 Department Intern Hrly/PT/Seasonal NE Hourly* $17.39 $30.00 234 Deputy City Clerk Other Management NE Hourly $46.9121 $49.2577 $51.7206 $54.3066 $57.0219 Monthly $8,131.43 $8,538.00 $8,964.90 $9,413.14 $9,883.80 Yearly $97,577.17 $102,456.02 $107,578.85 $112,957.73 $118,605.55 109 Deputy City Manager Executive Management E Hourly $108.6190 $114.0500 $119.7525 $125.7401 $132.0271 Monthly $18,827.29 $19,768.67 $20,757.10 $21,794.95 $22,884.70 Yearly $225,927.52 $237,224.00 $249,085.20 $261,539.41 $274,616.37 104 Director of Public Works Executive Management E Hourly $111.2734 $116.8371 $122.6790 $128.8130 $135.2536 Monthly $19,287.39 $20,251.76 $21,264.36 $22,327.59 $23,443.96 Yearly $231,448.67 $243,021.17 $255,172.32 $267,931.04 $281,327.49 924 Economic Development Manager Other Management E Hourly $81.3665 $85.4348 $89.7065 $94.1918 $98.9014 Monthly $14,103.53 $14,808.70 $15,549.13 $16,326.58 $17,142.91 Yearly $169,242.32 $177,704.38 $186,589.52 $195,918.94 $205,714.91 512 Engineering Manager Other Management E Hourly $89.8479 $94.3403 $99.0573 $104.0102 $109.2107 Monthly $15,573.64 $16,352.32 $17,169.93 $18,028.43 $18,929.85 Yearly $186,883.63 $196,227.82 $206,039.18 $216,341.22 $227,158.26 503 Equipment Maintenance Worker AFSCME NE Hourly $39.6296 $41.6111 $43.6917 $45.8763 $48.1701 Monthly $6,869.13 $7,212.59 $7,573.23 $7,951.89 $8,349.48 Yearly $82,429.57 $86,551.09 $90,878.74 $95,422.70 $100,193.81 107 Finance Director Executive Management E Hourly $108.6190 $114.0500 $119.7525 $125.7401 $132.0271 Monthly $18,827.29 $19,768.67 $20,757.10 $21,794.95 $22,884.70 Yearly $225,927.52 $237,224.00 $249,085.20 $261,539.41 $274,616.37 300 Financial Services Manager Other Management E Hourly $74.9790 $78.7279 $82.6643 $86.7975 $91.1374 Monthly $12,996.36 $13,646.17 $14,328.48 $15,044.90 $15,797.15 Yearly $155,956.32 $163,754.03 $171,941.74 $180,538.80 $189,565.79 928 Fleet Supervisor Other Management E Hourly $53.9666 $56.6649 $59.4981 $62.4730 $65.5967 Monthly $9,354.21 $9,821.92 $10,313.00 $10,828.65 $11,370.09Page 2 of 5

6.5 Attachment 4 - CityDistrict Pay Plan FY 2025-2026 Effective September 9, 2025

58 City of Foster City / Estero Municipal Improvement District FY 2025-2026 Pay Plan
Effective September 9, 2025
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 Yearly $112,250.53 $117,862.99 $123,756.05 $129,943.84 $136,441.14 925 Housing Coordinator Other Management NE Hourly $58.2330 $61.1446 $64.2018 $67.4119 $70.7825 Monthly $10,093.72 $10,598.40 $11,128.31 $11,684.73 $12,268.97 Yearly $121,124.64 $127,180.77 $133,539.74 $140,216.75 $147,227.60 929 Housing & Sustainability Manager Other Management E Hourly $76.7247 $80.5609 $84.5889 $88.8183 $93.2592 Monthly $13,298.95 $13,963.89 $14,662.08 $15,395.17 $16,164.93 Yearly $159,587.38 $167,566.67 $175,944.91 $184,742.06 $193,979.14 404 Human Resources Analyst Other Management E Hourly $55.7214 $58.5075 $61.4329 $64.5045 $67.7297 Monthly $9,658.38 $10,141.30 $10,648.37 $11,180.78 $11,739.81 Yearly $115,900.51 $121,695.60 $127,780.43 $134,169.36 $140,877.78 252 Human Resources Manager Other Management E Hourly $81.3665 $85.4348 $89.7065 $94.1918 $98.9014 Monthly $14,103.53 $14,808.70 $15,549.13 $16,326.58 $17,142.91 Yearly $169,242.32 $177,704.38 $186,589.52 $195,918.94 $205,714.91 403 Human Resources Technician Other Management NE Hourly $43.7077 $45.8931 $48.1878 $50.5972 $53.1271 Monthly $7,576.00 $7,954.80 $8,352.55 $8,770.18 $9,208.70 Yearly $90,912.02 $95,457.65 $100,230.62 $105,242.18 $110,504.37 238 Information Technology Manager Other Management E Hourly $81.3665 $85.4348 $89.7065 $94.1918 $98.9014 Monthly $14,103.53 $14,808.70 $15,549.13 $16,326.58 $17,142.91 Yearly $169,242.32 $177,704.38 $186,589.52 $195,918.94 $205,714.91 926 Irrigation Technician AFSCME NE Hourly $44.2008 $46.4108 $48.7313 $51.1679 $53.7263 Monthly $7,661.47 $8,044.54 $8,446.76 $8,869.10 $9,312.56 Yearly $91,937.66 $96,534.46 $101,361.10 $106,429.23 $111,750.70 228 Management Analyst Other Management E Hourly $58.2330 $61.1446 $64.2018 $67.4119 $70.7825 Monthly $10,093.72 $10,598.40 $11,128.31 $11,684.73 $12,268.97 Yearly $121,124.64 $127,180.77 $133,539.74 $140,216.75 $147,227.60 233 Management Assistant Other Management E Hourly $39.8212 $41.8123 $43.9029 $46.0980 $48.4029 Monthly $6,902.34 $7,247.47 $7,609.84 $7,990.32 $8,389.84 Yearly $82,828.10 $86,969.58 $91,318.03 $95,883.84 $100,678.03 501 Mechanic I AFSCME NE Hourly $44.7839 $47.0231 $49.3743 $51.8430 $54.4352 Monthly $7,762.54 $8,150.67 $8,558.21 $8,986.12 $9,435.43 Yearly $93,150.51 $97,808.05 $102,698.54 $107,833.44 $113,225.22 520 Office Assistant I AFSCME NE Hourly $31.3595 $32.9275 Monthly $5,435.65 $5,707.43
Yearly $65,227.76 $68,489.20
519 Office Assistant II AFSCME NE Hourly $34.5738 $36.3025 $38.1176 $40.0235 $42.0247 Monthly $5,992.79 $6,292.43 $6,607.05 $6,937.41 $7,284.28 Yearly $71,913.50 $75,509.20 $79,284.61 $83,248.88 $87,411.38 108 Parks & Recreation Director Executive Management E Hourly $108.6190 $114.0500 $119.7525 $125.7401 $132.0271 Monthly $18,827.29 $19,768.67 $20,757.10 $21,794.95 $22,884.70 Yearly $225,927.52 $237,224.00 $249,085.20 $261,539.41 $274,616.37 537 Parks Lead Maintenance Worker AFSCME NE Hourly $44.2008 $46.4108 $48.7313 $51.1679 $53.7263 Monthly $7,661.47 $8,044.54 $8,446.76 $8,869.10 $9,312.56 Yearly $91,937.66 $96,534.46 $101,361.10 $106,429.23 $111,750.70 308 Parks Maintenance Manager Other Management E Hourly $68.3641 $71.7823 $75.3714 $79.1400 $83.0970 Monthly $11,849.78 $12,442.27 $13,064.38 $13,717.60 $14,403.48 Yearly $142,197.33 $149,307.18 $156,772.51 $164,611.20 $172,841.76 927 Parks Maintenance Supervisor Other Management E Hourly $54.6110 $57.3415 $60.2086 $63.2190 $66.3800 Monthly $9,465.91 $9,939.19 $10,436.16 $10,957.96 $11,505.87 Yearly $113,590.88 $119,270.32 $125,233.89 $131,495.52 $138,070.40 533 Parks Maintenance Worker AFSCME NE Hourly $32.9833 $34.6325 Monthly $5,717.11 $6,002.97
Yearly $68,605.26 $72,035.60
532 Parks Maintenance Worker I AFSCME NE Hourly $36.3640 $38.1822 $40.0913 $42.0959 $44.2007 Monthly $6,303.09 $6,618.25 $6,949.16 $7,296.62 $7,661.45 Yearly $75,637.12 $79,418.98 $83,389.90 $87,559.47 $91,937.46

Page 3 of 5 ends

6.5 Attachment 4 - CityDistrict Pay Plan FY 2025-2026 Effective September 9, 2025

59 City of Foster City / Estero Municipal Improvement District FY 2025-2026 Pay Plan
Effective September 9, 2025
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 530 Parks Maintenance Worker II AFSCME NE Hourly $40.0914 $42.0960 $44.2008 $46.4108 $48.7313 Monthly $6,949.18 $7,296.64 $7,661.47 $8,044.54 $8,446.76 Yearly $83,390.11 $87,559.68 $91,937.66 $96,534.46 $101,361.10 227 Planning Manager Other Management E Hourly $79.5052 $83.4805 $87.6545 $92.0372 $96.6391 Monthly $13,780.90 $14,469.95 $15,193.45 $15,953.11 $16,750.78 Yearly $165,370.82 $173,639.44 $182,321.36 $191,437.38 $201,009.33 543 Plans Examiner AFSCME NE Hourly $64.5334 $67.7601 $71.1481 $74.7055 $78.4408 Monthly $11,185.79 $11,745.08 $12,332.34 $12,948.95 $13,596.41 Yearly $134,229.47 $140,941.01 $147,988.05 $155,387.44 $163,156.86 201 Police Captain Other Management E Hourly $102.0676 $107.1710 $112.5296 $118.1561 $124.0639 Monthly $17,691.72 $18,576.31 $19,505.13 $20,480.39 $21,504.41 Yearly $212,300.61 $222,915.68 $234,061.57 $245,764.69 $258,052.91 602 Police Corporal FCPOA NE Hourly $66.5988 $69.9287 $73.4251 $77.0964 $80.9512 Monthly $11,543.79 $12,120.97 $12,727.02 $13,363.38 $14,031.54 Yearly $138,525.50 $145,451.70 $152,724.21 $160,360.51 $168,378.50 541 Police Dispatch Supervisor FCPOA NE Hourly $61.1698 $64.2283 $67.4397 $70.8117 $74.3523 Monthly $1,060.28 $1,113.29 $1,168.95 $1,227.40 $1,288.77 Yearly $12,723.32 $13,359.49 $14,027.46 $14,728.83 $15,465.28 535 Police Lead Dispatcher FCPOA NE Hourly $56.0323 $58.8339 $61.7756 $64.8644 $68.1076 Monthly $9,712.27 $10,197.88 $10,707.77 $11,243.16 $11,805.32 Yearly $116,547.18 $122,374.51 $128,493.25 $134,917.95 $141,663.81 206 Police Lieutenant Other Management E Hourly $88.7533 $93.1910 $97.8505 $102.7430 $107.8802 Monthly $15,383.91 $16,153.11 $16,960.75 $17,808.79 $18,699.23 Yearly $184,606.86 $193,837.28 $203,529.04 $213,705.44 $224,390.82 603 Police Officer FCPOA NE Hourly $60.1914 $63.2010 $66.3610 $69.6790 $73.1629 Monthly $10,433.18 $10,954.84 $11,502.57 $12,077.69 $12,681.57 Yearly $125,198.11 $131,458.08 $138,030.88 $144,932.32 $152,178.83 604 Police Officer Recruit FCPOA NE Hourly $54.5952 $57.3250 Monthly $9,463.17 $9,936.33
Yearly $113,558.02 $119,236.00
517 Police Records Specialist AFSCME NE Hourly $38.4535 $40.3762 $42.3950 $44.5148 $46.7405 Monthly $6,665.27 $6,998.54 $7,348.47 $7,715.90 $8,101.69 Yearly $79,983.28 $83,982.50 $88,181.60 $92,590.78 $97,220.24 540 Police Records Supervisor Other Management NE Hourly $53.3208 $55.9868 $58.7861 $61.7254 $64.8117 Monthly $9,242.27 $9,704.38 $10,189.59 $10,699.07 $11,234.03 Yearly $110,907.26 $116,452.54 $122,275.09 $128,388.83 $134,808.34 601 Police Sergeant FCPOA NE Hourly $72.8894 $76.5339 $80.3606 $84.3786 $88.5975 Monthly $12,634.16 $13,265.88 $13,929.17 $14,625.62 $15,356.90 Yearly $151,609.95 $159,190.51 $167,150.05 $175,507.49 $184,282.80 511 Police/Fire Dispatcher FCPOA NE Hourly $50.8230 $53.3641 $56.0323 $58.8339 $61.7756 Monthly $8,809.32 $9,249.78 $9,712.27 $10,197.88 $10,707.77 Yearly $105,711.84 $110,997.33 $116,547.18 $122,374.51 $128,493.25 250 Principal Management Analyst Other Management E Hourly $77.0147 $80.8654 $84.9087 $89.1541 $93.6118 Monthly $13,349.21 $14,016.67 $14,717.51 $15,453.38 $16,226.05 Yearly $160,190.58 $168,200.03 $176,610.10 $185,440.53 $194,712.54 536 Public Works Lead Maintenance Worker AFSCME NE Hourly $45.0221 $47.2732 $49.6369 $52.1187 $54.7246 Monthly $7,803.83 $8,194.02 $8,603.73 $9,033.91 $9,485.60 Yearly $93,645.97 $98,328.26 $103,244.75 $108,406.90 $113,827.17 202 Public Works Maintenance Manager Other Management E Hourly $73.5090 $77.1844 $81.0436 $85.0958 $89.3506 Monthly $12,741.56 $13,378.63 $14,047.56 $14,749.94 $15,487.44 Yearly $152,898.72 $160,543.55 $168,570.69 $176,999.26 $185,849.25 213 Public Works Maintenance Superintendent Other Management E Hourly $62.4790 $65.6029 $68.8830 $72.3271 $75.9435 Monthly $10,829.69 $11,371.17 $11,939.72 $12,536.70 $13,163.54 Yearly $129,956.32 $136,454.03 $143,276.64 $150,440.37 $157,962.48 534 Public Works Maintenance Worker AFSCME NE Hourly $0.0286 $0.0300 Monthly $4.96 $5.20
Yearly $59.49 $62.40

Page 4 of 5 ends

6.5 Attachment 4 - CityDistrict Pay Plan FY 2025-2026 Effective September 9, 2025

60 City of Foster City / Estero Municipal Improvement District FY 2025-2026 Pay Plan
Effective September 9, 2025
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 531 Public Works Maintenance Worker I AFSCME NE Hourly $37.0398 $38.8918 $40.8364 $42.8782 $45.0221 Monthly $6,420.23 $6,741.25 $7,078.31 $7,432.22 $7,803.83 Yearly $77,042.78 $80,894.94 $84,939.71 $89,186.66 $93,645.97 529 Public Works Maintenance Worker II AFSCME NE Hourly $40.8364 $42.8782 $45.0221 $47.2732 $49.6369 Monthly $7,078.31 $7,432.22 $7,803.83 $8,194.02 $8,603.73 Yearly $84,939.71 $89,186.66 $93,645.97 $98,328.26 $103,244.75 265 Recreation Coordinator I AFSCME NE Hourly $42.2057 $44.3160 $46.5318 $48.8584 $51.3013 Monthly $7,315.65 $7,681.44 $8,065.51 $8,468.79 $8,892.23 Yearly $87,787.86 $92,177.28 $96,786.14 $101,625.47 $106,706.70 262 Recreation Coordinator II AFSCME NE Hourly $46.5317 $48.8583 $51.3012 $53.8663 $56.5596 Monthly $8,065.49 $8,468.77 $8,892.21 $9,336.83 $9,803.66 Yearly $96,785.94 $101,625.26 $106,706.50 $112,041.90 $117,643.97 907 Recreation Leader I Hrly/PT/Seasonal NE Hourly $17.39 $18.00 $18.63 $19.28 $19.96 915 Recreation Leader II Hrly/PT/Seasonal NE Hourly $18.64 $19.30 $19.96 $20.67 $21.40 908 Recreation Leader III Hrly/PT/Seasonal NE Hourly $19.98 $20.68 $21.40 $22.15 $22.92 307 Recreation Manager Other Management E Hourly $67.2854 $70.6497 $74.1822 $77.8913 $81.7859 Monthly $11,662.80 $12,245.95 $12,858.25 $13,501.16 $14,176.22 Yearly $139,953.63 $146,951.38 $154,298.98 $162,013.90 $170,114.67 251 Senior Accountant Other Management E Hourly $60.4695 $63.4930 $66.6677 $70.0011 $73.5012 Monthly $10,481.38 $11,005.45 $11,555.73 $12,133.52 $12,740.21 Yearly $125,776.56 $132,065.44 $138,668.82 $145,602.29 $152,882.50 528 Senior Accounting Specialist AFSCME NE Hourly $41.7021 $43.7872 $45.9766 $48.2754 $50.6892 Monthly $7,228.36 $7,589.78 $7,969.28 $8,367.74 $8,786.13 Yearly $86,740.37 $91,077.38 $95,631.33 $100,412.83 $105,433.54 204 Senior Civil Engineer Other Management E Hourly $74.5983 $78.3282 $82.2446 $86.3568 $90.6746 Monthly $12,930.37 $13,576.89 $14,255.73 $14,968.51 $15,716.93 Yearly $155,164.46 $162,922.66 $171,068.77 $179,622.14 $188,603.17 253 Senior Human Resources Analyst Other Management E Hourly $64.0810 $67.2851 $70.6494 $74.1819 $77.8910 Monthly $11,107.37 $11,662.75 $12,245.90 $12,858.20 $13,501.11 Yearly $133,288.48 $139,953.01 $146,950.75 $154,298.35 $162,013.28 245 Senior Management Analyst Other Management E Hourly $66.9682 $70.3166 $73.8324 $77.5240 $81.4002 Monthly $11,607.82 $12,188.21 $12,797.62 $13,437.49 $14,109.37 Yearly $139,293.86 $146,258.53 $153,571.39 $161,249.92 $169,312.42 219 Senior Planner Other Management E Hourly $65.2233 $68.4845 $71.9087 $75.5041 $79.2793 Monthly $11,305.37 $11,870.65 $12,464.17 $13,087.38 $13,741.75 Yearly $135,664.46 $142,447.76 $149,570.10 $157,048.53 $164,900.94 247 Social Media / Communication Assistant AFSCME NE Hourly $44.2399 $46.4519 $48.7745 $51.2132 $53.7739 Monthly $7,668.25 $8,051.66 $8,454.25 $8,876.95 $9,320.81 Yearly $92,018.99 $96,619.95 $101,450.96 $106,523.46 $111,849.71 525 Sr. Bldg Inspector AFSCME NE Hourly $58.5337 $61.4604 $64.5334 $67.7601 $71.1481 Monthly $10,145.84 $10,653.14 $11,185.79 $11,745.08 $12,332.34 Yearly $121,750.10 $127,837.63 $134,229.47 $140,941.01 $147,988.05 518 Sr. Comm. Services Officer AFSCME NE Hourly $40.3180 $42.3339 $44.4506 $46.6731 $49.0068 Monthly $6,988.45 $7,337.88 $7,704.77 $8,090.00 $8,494.51 Yearly $83,861.44 $88,054.51 $92,457.25 $97,080.05 $101,934.14 509 Sr. Engineering Technician AFSCME NE Hourly $47.0983 $49.4532 $51.9259 $54.5222 $57.2483 Monthly $8,163.71 $8,571.89 $9,000.49 $9,450.51 $9,923.04 Yearly $97,964.46 $102,862.66 $108,005.87 $113,406.18 $119,076.46 216 Sr. Systems Analyst Other Management E Hourly $61.4999 $64.5749 $67.8036 $71.1938 $74.7535 Monthly $61.50 $64.57 $67.80 $71.19 $74.75
Yearly $127,919.79 $134,315.79 $141,031.49 $148,083.10 $155,487.28 921 Technology Analyst I Other Management E Hourly $47.8797 $50.2737 $52.7874 $55.4268 $58.1981 Monthly $8,299.15 $8,714.11 $9,149.82 $9,607.31 $10,087.67 Yearly $99,589.78 $104,569.30 $109,797.79 $115,287.74 $121,052.05 922 Technology Analyst II Other Management E Hourly $54.3625 $57.0806 $59.9346 $62.9313 $66.0779 Monthly $9,422.83 $9,893.97 $10,388.66 $10,908.09 $11,453.50 Yearly $113,074.00 $118,727.65 $124,663.97 $130,897.10 $137,442.03 248 Videographer Hrly/PT/Seasonal NE Hourly* $20.00 $30.00 Range*

Page 5 of 5 ends

6.5 Attachment 4 - CityDistrict Pay Plan FY 2025-2026 Effective September 9, 2025

61 DATE: September 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
Chuck Venook, Chief Building Official
DEPARTMENT: Community Development
SUBJECT: FOSTER CITY MUNICIPAL CODE AMENDMENTS TO TITLE 2, “ADMINISTRATION AND PERSONNEL”; TITLE 15, “BUILDING
AND CONSTRUCTION”; AND APPROVING A RESOLUTION

ADOPTING A NEW FEE FOR APPEALS TO THE BOARD OF

APPEALS

RECOMMENDATION
It is recommended that the City Council take the following actions:

1. Introduce and pass to second reading the Ordinance (Attachment 1) amending Section 2.28.090 within Chapter 2.28, “Planning,” of Title 2, “Administration and Personnel” of the Foster City Municipal Code (FCMC) to add duties of Board of Appeals to the Planning Commission and finding the amendments exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3);

2. Introduce the Ordinance (Attachment 2) repealing and replacing FCMC sections:

15.02.120, “Means of Appeals” adopting by reference and amending Section 113 of the California Building Code; 15.04.110, “Board of appeals” adopting by reference and amending Section R112 of the California Residential Code;

15.06.080, “Means of Appeals” adopting by reference and amending Section 112 of the California Existing Building Code; 15.08.080, “Board of Appeals” adopting by reference and amending Section 107.0 of the California Mechanical Code;

15.16.070, “Board of Appeals” adopting by reference and amending Section 107.0

7.1 7.1 Staff Report

62 of the California Plumbing Code; and adding a new FCMC Section 15.20.190, “Board of Appeals” within Title 15, “Building and Construction” of the Foster City Municipal Code adopting by reference and amending Section 89.108.8 of the California Electrical Code to designate the Planning Commission as the Board of Appeals to hear and decide appeals of decisions made by the Building Official and finding the finding the amendments exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3); and it is further recommended that the required public hearing be scheduled and noticed for September 15, 2025, and that the following said public hearing, the Ordinance be adopted; and

3. Adopt a resolution establishing a new fee for appeals to be heard by the Board of Appeals and finding the action exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).

EXECUTIVE SUMMARY
The California Building Standards Law (Health & Safety Code §§ 18901-18949.31) creates a process for adopting statewide building standards, which are codified in Title 24 of the California Code of Regulations as the California Building Standards Code. The California Building Standards Commission is required to publish an edition of the California Building Standards Code every three years. (Health & Safety Code § 18942, subd. (a).) Local governments are allowed to amend the building standards and regulations under Health & Safety Code Section 17922; however, the changes must be reasonably necessary because of local climatic, geological, or topographical conditions, and specific findings need to be made and filed with the California Building Standards Commission. (See Health & Safety Code §§17958, 17958.5, 17958.7).

California Building Code (CBC) Section 1.8.8, within Part 1, Ch. 1 of Title 24 of the California Code of Regulations mandates that every city, county, or city and county shall establish a process to hear and decide appeals of orders, decisions, and determinations made by the enforcing agency relative to the application and interpretation of the CBC and other regulations governing construction, use, maintenance, and change of occupancy. It requires local jurisdictions to establish a process to hear and decide appeals of orders, decisions, and determinations made by the enforcing agency relating to the application and interpretation of the CBC and other regulations governing construction, use, maintenance, and change of occupancy. It further notes that members of the appeals board(s) shall not be employees of the enforcing agency and shall be knowledgeable in the applicable building codes, regulations, and ordinances as determined by the governing body of the city, county, or city and county.

Additionally, where no such appeals boards or agencies have been established, the governing body of the city, county, or city and county shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code §§ 17920.5 and 17920.6.

7.1 7.1 Staff Report

63 The requirements for a Board of Appeals can be found across different sections of the Building Standards Code, including the CBC, Residential Code, Existing Building Code, Mechanical Code, Plumbing Code, and Electrical Code. These codes all outline the process for appealing decisions made by Building Officials related to the interpretation and application of the various building standards (see Attachment 3). The Board of Appeals cannot be a single hearing officer and must be a city council or an appeals board.

Foster City established a Board of Appeals in 2022, via Ordinance No. 655, in the adopted amendments to the CBC (FCMC Section 5.02.120), California Residential Code (FCMC Section 15.04.110), California Existing Building Code (FCMC Section 15.06.080), California Mechanical Code (FCMC Section 15.08.080), and California Plumbing Code (FCMC Section 15.16.070) within Title 15. Despite efforts to recruit for the seats on the five-member Board in 2024, those efforts did not yield any applications.

In order to comply with CBC requirements, staff is recommending that the Planning Commission act as the Board of Appeals to hear and decide appeals of decisions made by the Building Official. This will require revisions to Section 2.28.090 within FCMC Chapter 2.28, to revise the powers and duties of the Planning Commission (Attachment 1) and revisions to Sections 15.02.120, 15.04.110, 15.06.080, 15.08.080, and 15.16.070, and add a new Section 15.20.190 within Title 15 of FCMC (Attachment 2). Additionally, adding a new appeal fee to cover the costs of an appeal to the Board of Appeals is recommended to be adopted (Attachment 3).

The ordinance (Attachment 2) adopting by reference specific sections of the CBC, Residential Code, Existing Building Code, Mechanical Code, Plumbing Code and Electrical Code and making certain amendments in FCMC Title 15, Building and Construction, is to be introduced by the City Council on September 2, 2025, and the Public Hearing is to be held on September 15, 2022. At the conclusion of this public hearing, it is recommended that the ordinance be adopted. The proposed Ordinance also makes findings to support the amendments to the California Codes based on local climatic, geological, or topographical conditions.

BACKGROUND
FCMC Title 15 pertains to Building and Construction. It encompasses regulations related to building codes, residential codes, existing building codes, mechanical codes, plumbing codes, electrical codes, fire codes, and other related aspects of construction within the city.

The CBC requires local jurisdictions to establish a Board of Appeals to hear and decide appeals of orders, decisions, and determinations made by the Building Official. FCMC Title 15 includes language pertaining to ‘Board of Appeals’ in various sections, including

15.02.120, 15.04.110, 15.06.080, 15.08.080, and 15.16.070 as follows:

In order to provide for a final determination for the suitability of alternate materials, methods of construction, and reasonable interpretation of the provisions of this

7.1 7.1 Staff Report

64 code, in the event of disagreement with the determination of the Building Official, there shall be and is hereby created a Board of Appeals, consisting of five members experienced in building construction. The Building Official shall act as Secretary of the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall consider all evidence or proof submitted and conduct, or cause to be conducted, any investigations or tests it deems necessary and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith.

In 2024, the City Clerk's office began recruiting to establish the Board of Appeals, but only received one application during a five-week recruitment.

Given that the Board of Appeals serves an important function in hearing appeals, staff considered other options to recruit new members to the Board of Appeals, including designating the Planning Commission as the Board of Appeals.

In considering this option, staff noted that, according to Title 15, the Planning Commission is already designated for certain aspects of building construction as the appeal body, as follows:

Table 1: Appeal Body in FCMC Title 15
Chapter Section Appeal Body
Chapter 15.45 Small Residential Rooftop
Solar Systems

15.45.060 Planning Commission
Chapter 15.46 Electric Vehicle Charging
Stations

15.46.060 Planning Commission
Thus, staff is recommending that the Planning Commission also act as the Board of Appeals to hear and decide appeals of decisions made by the Building Official. If designated as the Board of Appeals, the Planning Commission would need to receive training in construction techniques, applicable building codes, regulations, and ordinances.

ANALYSIS
Staff is proposing amendments to Titles 2 and 15 of FCMC to comply with the CBC and recommending adding a new appeal fee to cover the costs of an appeal to the Board of Appeals.

1. An Ordinance (Attachment 1) amending Section 2.28.090 within Chapter 2.28, “Planning,” of Title 2, “Administration and Personnel” of FCMC as follows:

2.28.090 Powers and duties.

7.1 7.1 Staff Report

65 The planning commission shall have all powers and duties imposed upon a planning commission and zoning agency by the Planning and Zoning Law of the state, subject to the provisions of this code and shall act as the advisory agency pursuant to the Subdivision Map Act of the state, subject to the provisions of this code. The Planning Commission shall also act as the Board of Appeals pursuant to Sections 15.02.120, 15.04.110, 15.06.080, 15.08.080, 15.16.070, and

15.20.190, as may be amended, and any other section of the Foster City Municipal Code, except Section 15.24.140, wherein a right of appeal to the Board of Appeals is provided. The Board of Appeals shall make a final determination on the suitability of alternate materials, methods of construction, and reasonable interpretation of applicable sections of Title 15 of the Foster City Municipal Code, in the event of disagreement with the determination of the Building Official.

2. An Ordinance (Attachment 2) proposing amendments to FCMC Sections

15.02.120, 15.04.110, 15.06.080, 15.08.080, and 15.16.070, and adding a new Section 15.20.190 within Title 15, “Building and Construction” of FCMC to designate the Planning Commission as the Board of Appeals to hear and decide appeals of decisions made by the Building Official. These revisions would adopt, by reference, specific sections within the 2025 Building Code, Residential Code, Existing Building Code, Mechanical Code, Plumbing Code and Electrical Code relating to appeals and make amendments to those sections. The revisions would generally add the following paragraphs to the sections:

In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relating to application, and reasonable interpretation of the provisions of this code, in the event of disagreement with the determination of the Building Official, there shall be and is hereby created a Board of Appeals, consisting of five members experienced in building construction. The Building Official shall act as Secretary of the Board. The City of Foster City Planning Commission shall convene as the Board of Appeals. The Board of Appeals shall adopt reasonable rules and regulations for conducting its investigations and shall consider all evidence or proof submitted and conduct, or cause to be conducted, any investigations or tests it deems necessary and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith.

An application for an appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code.

Pursuant to Government Code Section 50022.3, when an ordinance adopts another code by reference, the City Council must specify the public hearing date for the adoption of the ordinance. Since the City is adopting by reference certain sections of the CBC, Residential Code, Existing Building Code, Mechanical Code,

7.1 7.1 Staff Report

66 Plumbing Code, and Electrical Code, the City must follow the process specified in Government Code section 50022.3, including publishing notice of the hearing for the second reading of the ordinance in accordance with Government Code Section 6066 (Published once a week for two consecutive weeks, at least five days apart).

Staff is recommending that the required public hearing be scheduled and noticed for September 15, 2025.

It is important to note that the proposed Ordinance does not include amendments to the California Fire Code, which are found in FCMC Chapter 15.24. Those appeals are heard by the Board of Directors for the San Mateo Consolidated Fire Department (See FCMC Section 15.24.140).

As noted above, the Planning Commission would need to receive training in construction techniques, applicable building codes, regulations, and ordinances to be able to hear the appeals. The Building Official will play a crucial role in providing this training, which may include, but is not limited to, the following:
a) Provide an overview of the purpose, authority, and limits of the appeal boards under CBC.
b) Explain the appeal process, timelines, and required procedures. c) Provide training on key sections of the adopted building codes, especially areas where appeals are common, including structural design, egress accessibility, etc.
d) Present/discuss case studies or past appeals.
e) Encourage members to attend International Code Council (ICC) Seminars or webinars.

3. Fees for appeals to the Board of Appeals
User fees recover costs associated with the provision of specific services benefiting the user, thereby reducing the use of General Fund monies for such purposes. In addition to collecting the direct cost of labor and materials associated with processing and administering user services, it is common for local governments to recover support costs.

There will be some staff time involved with the processing of the appeals discussed above. The following are examples of Appeals application fees charged by a few cities:
County of San Mateo - $620 ( link to fee schedule, page 3 of 6) City of Concord - $4,000 ( link to fee schedule, page 8 of 11) City of Fremont - $770 fee ( link)

7.1 7.1 Staff Report

67 Staff recommends adding a new line item, CDB-18, to the Master Fee Schedule under Community Development for “Appeals,” subject to Actual Cost, with a minimum $1,000 deposit at the time of filing. Staff will draw against the funds deposited at the staff's hourly rates adopted by the City Council for the actual time spent on the presentation of the appeal to the Planning Commission. If there are funds remaining in the Deposit account upon the final decision on the appeal, the unspent funds will be refunded to the Appellant.

Table 2: Recommendation to add a new few for Appeals
Ref No. Revenue Title Fees FY 2025-26
CDB-18 (New) Appeals Actual Cost* with a minimum $1,000 Deposit at the time of filing
* "Actual Cost" is time and materials, including all direct and indirect overhead costs. "Actual Cost" is charged against the required deposit.

If adopted, the ordinance and the resolution would not take effect until January 1, 2026, consistent with the effective date of the 2025 California Building Standards.

California Environmental Quality Act
The adoption of the ordinances and fees are exempt from the California Environmental Quality Act (“CEQA”), in that the adoption of State codes and the local amendments and the adoption of the fees herein described do not have the potential for causing a significant effect on the environment, pursuant to Sections 15061(b) (3) and 15378(b) (5) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) as they are administrative in nature.

FISCAL IMPACT
There is no fiscal impact with the introduction and adoption of the ordinances (Attachments 1 and 2). The revenue received from the new fee would offset staff time spent on processing appeals that will be heard by the Board of Appeals.

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

Attachment 1 – Ordinance (Title 2)
Attachment 2 – Ordinance (Title 15)
Attachment 3 – Resolution (Fee)
Attachment 4 – Building Code references

7.1 7.1 Staff Report

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7 ORDINANCE NO.____________
AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING SECTION 2.28.090 WITHIN CHAPTER 2.28, “PLANNING,” OF TITLE 2, “ADMINISTRATION AND PERSONNEL” OF THE FOSTER CITY MUNICIPAL CODE TO ADD DUTIES OF

BOARD OF APPEALS TO THE PLANNING COMMISSION AND FINDING THE

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

CITY OF FOSTER CITY
WHEREAS, the California Building Code Section 1.8.8 mandates that every city, county, or city and county shall establish a process to hear and decide appeals of orders, decisions and determinations made by the enforcing agency relative to the application and interpretation of this code and other regulations governing construction, use, maintenance and change of occupancy; and
WHEREAS, the California Building Code requires local jurisdictions to establish a process to hear and decide appeals of orders, decisions and determinations made by the enforcing agency relating to the application and interpretation of this code and other regulations governing construction, use, maintenance and change of occupancy and further notes that members of the appeals board(s) shall not be employees of the enforcing agency and shall be knowledgeable in the applicable building codes, regulations and ordinances as determined by the governing body of the city, county, or city and county; and
WHEREAS, additionally, where no such appeals boards or agencies have been established, the governing body of the city, county, or city and county shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6; and
WHEREAS, in order to comply with California Building Code requirements, staff is recommending that the Planning Commission be designated as Board of Appeals to hear and decide appeals of decisions made by the building official; and WHEREAS, on August 20, 2025, a public hearing notice was published for the City Council public hearing for consideration of amendments to the section 2.28.090 within Chapter 2.28, “Planning,” of Title 2, “Administration and Personnel” of the Foster City Municipal Code to add duties of Board of Appeals to the Planning Commission and the related CEQA findings, for the City Council public hearing on September 2, 2025; and WHEREAS, on September 2, 2025, the City Council held a duly noticed public hearing where it carefully reviewed and considered the staff report and all attachments thereto, including amendments to the Section 2.28.090 within Chapter 2.28, “Planning,” of Title 2, “Administration and Personnel” of the Foster City Municipal Code to add duties

7.1 Attachment 1 - Ordinance (Title 2)

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7 of Board of Appeals to the Planning Commission and the related CEQA finding, including any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”).

THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES FIND AND ORDAIN as follows:

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

1. The foregoing recitals are true and correct and are incorporated by reference into this action; and

2. The proposed amendments are exempt from CEQA Guideline Section 15061(b)(3).

Section 2. Amendment. Section 2.28.090 within Chapter 2.28, “Planning,” of Title 2, “Administration and Personnel” of the Foster City Municipal Code is hereby amended by repealing the existing section 2.28.090 of Chapter 2.28 in its entirety and replacing the section to read as set forth in the attached Exhibit A, attached hereto and incorporated herein by reference. Those Sections within Chapter 2.28 not specifically replaced in Exhibit A, shall remain unchanged in Chapter 2.28.

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

Section 4. Taking Effect. This Ordinance shall take effect on January 1, 2026.

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

7.1 Attachment 1 - Ordinance (Title 2)

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7 This Ordinance was introduced and read on the 2nd day of September 2025, and passed and adopted on the ___ day of ___________ 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

7.1 Attachment 1 - Ordinance (Title 2)

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7 Exhibit A
Section 2.28.090 Powers and duties of Chapter 2.28 “Planning” of Title 2, “Administration and Personnel”, of the Foster City Municipal Code is hereby repealed and replaced to read as follows:
“2.28.090 Powers and duties.

The planning commission shall have all powers and duties imposed upon a planning commission and zoning agency by the Planning and Zoning Law of the state, subject to the provisions of this code and shall act as the advisory agency pursuant to the Subdivision Map Act of the state, subject to the provisions of this code. The Planning Commission shall also act as the Board of Appeals pursuant to Sections 15.02.120,

15.04.110, 15.06.080, 15.08.080, 15.16.070, and 15.20.190, as may be amended, and any other section of the Foster City Municipal Code, except Section 15.24.140, wherein a right of appeal to the Board of Appeals is provided. The Board of Appeals shall make a final determination on the suitability of alternate materials, methods of construction, and reasonable interpretation of applicable sections of Title 15 of the Foster City Municipal Code, in the event of disagreement with the determination of the Building Official.”

7.1 Attachment 1 - Ordinance (Title 2)

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2 ORDINANCE NO.____________

AN ORDINANCE OF THE CITY OF FOSTER CITY REPEALING AND REPLACING SECTIONS 15.02.120, “MEANS OF APPEALS” ADOPTING BY REFERENCE AND AMENDING SECTION 113 OF THE CALIFORNIA BUILDING CODE;15.04.110, “BOARD OF APPEALS” ADOPTING BY REFERENCE AND AMENDING SECTION R112 OF THE CALIFORNIA RESIDENTIAL CODE; 15.06.080, “MEANS OF APPEALS” ADOPTING BY REFERENCE AND AMENDING SECTION 112 OF THE CALIFORNIA EXISTING BUILDING CODE; 15.08.080, “BOARD OF APPEALS” ADOPTING BY REFERENCE AND AMENDING SECTION 107.0 OF THE CALIFORNIA MECHANICAL CODE; 15.16.070, “BOARD OF APPEALS” ADOPTING BY REFERENCE AND AMENDING SECTION 107.0 OF THE CALIFORNIA PLUMBING CODE; AND ADOPTING A NEW SECTION 15.20.190, “BOARD OF APPEALS” WITHIN TITLE 15, “BUILDING AND CONSTRUCTION” OF THE FOSTER CITY MUNICIPAL CODE ADOPTING BY REFERENCE AND AMENDIN SECTION 89.108.8 OF THE

CALIFORNIA ELECTRICAL CODE TO DESIGNATE THE PLANNING COMMISSION

AS THE BOARD OF APPEALS TO HEAR AND DECIDE APPEALS OF DECISIONS MADE BY THE BUILDING OFFICIAL; AND FINDING THE AMENDMENTS EXEMPT

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

15.04.110, 15.06.080, 15.08.080, and 15.16.070, and adding a new section 15.20.190

7.1 Attachment 2 - Ordinance (Title 15)

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2 within Title 15, “Building and Construction” of FCMC to designate Planning Commission as Board of Appeals to hear and decide appeals of decisions made by the building official and the related CEQA findings, for the City Council public hearing on September 2, 2025; and
WHEREAS, on September 2, 2025, the City Council directed that the public hearing for adoption of the ordinance be scheduled and noticed for September 15, 2025; and
WHEREAS, in accordance with Government Code section 50022.3 and section 6066, on September 3 and 10, 2025, a public hearing notice was published for the City Council public hearing for consideration of repealing and replacing sections 15.02.120,

15.04.110, 15.06.080, 15.08.080, and 15.16.070, and adding a new section 15.20.190 within Title 15, “Building and Construction” of FCMC to designate Planning Commission as Board of Appeals to hear and decide appeals of decisions made by the building official and the related CEQA findings, for the City Council public hearing on September 15, 2025; and
WHEREAS, on September 15, 2025, the City Council held a duly noticed public hearing where it carefully reviewed and considered the staff report and all attachments thereto, including repealing and replacing sections 15.02.120, 15.04.110, 15.06.080,

15.08.080, and 15.16.070, and adding a new section 15.20.190 within Title 15, “Building and Construction” of FCMC to designate Planning Commission as Board of Appeals to hear and decide appeals of decisions made by the building official and the related CEQA finding, including any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”).

THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES FIND AND ORDAIN as follows:

Section 1. Findings.

The City Council finds that the unique characteristics of the topography and the balance of industrial, commercial, and residential property in the City of Foster City require the adoption and local amendments to certain sections of the 2025 California Building Code.

These modifications are needed and reasonably necessary due to local conditions, and are intended to protect the health, safety, and welfare of residents and property in the City.

Findings of Fact
Topographical Conditions. Foster City’s man-made island setting creates a unique development pattern characterized by limited access points, lagoon systems, and constrained rights-of-way. These conditions make the siting, massing, and structural design of buildings closely tied to land use and planning considerations. The Planning Commission, as the body most familiar with land use,

7.1 Attachment 2 - Ordinance (Title 15)

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2 circulation, and site development patterns, is therefore the most appropriate body to evaluate appeals of building code interpretations. This ensures that structural safety decisions are integrated with Foster City’s distinctive landform and access constraints.

Climatic Conditions. The City’s exposure to high winds across the Bay and seasonal rainfall patterns increases risks related to drainage, flooding, and windborne impacts on structures. The Planning Commission’s regular involvement in reviewing site planning and stormwater management matters positions it to more effectively evaluate appeals of building code interpretations that intersect with these climatic hazards. This ensures consistent application of safety requirements across both land use and building regulation.

Geologic Conditions. Foster City is underlain by Bay Mud, subject to liquefaction and seismic risk. Structural safety decisions often cannot be separated from geotechnical and land use considerations, especially in areas requiring deep foundations, soil improvement, or setbacks from lagoon and levee edges. The Planning Commission is uniquely situated to evaluate these appeals because it routinely reviews projects for geotechnical feasibility, shoreline stability, and emergency access. Assigning the Planning Commission as the appeals body ensures that seismic and soil-related building code interpretations are reviewed considering Foster City’s unique subsurface conditions.

Section 2. Amendments to Appeals Provisions. In lieu of establishing a separate local appeals board, the Planning Commission of the City of Foster City is hereby designated and shall serve as the appeals body for purposes of California Code of Regulations, Title 24. Any person aggrieved by a decision, interpretation, or determination made by the Building Official concerning the requirements of Title 24, California Code of Regulations, as adopted and amended by the City, may appeal such decision to the Planning Commission in accordance with the appeal procedures established in this Chapter. The decision of the Planning Commission shall be final unless further appeal is made to the City Council in accordance with the Foster City Municipal Code.

Section 3. California Environmental Quality Act. The adoption of this ordinance is exempt from the California Environmental Quality Act (“CEQA”), in that the adoption of State codes and the local amendments herein described do not have the potential for causing a significant effect on the environment, pursuant to Sections 15061(b) (3) and 15378(b) (5) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations).

Section 4. Amendment. Sections 15.02.120,15.04.110, 15.06.080, 15.08.080, and

15.16.070 are hereby repealed and replaced in their entirety and a new section 15.20.190 is added within Title 15, “Building and Construction” of the Foster City Municipal Code as set forth in Exhibit A, attached hereto.

7.1 Attachment 2 - Ordinance (Title 15)

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2 Section 5. The Council finds that these changes are substantially equivalent to changes that were previously filed by the City of Foster City and were in effect as of September 30, 2025, as the City Council had previously established a Board of Appeals but is now designating the Planning Commission as the body that shall convene as the Board of Appeals.

Section 6. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council does hereby declare that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

Section 7. Taking Effect. This Ordinance shall take effect on January 1, 2026.

Section 8. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.

This Ordinance was introduced and read on the 2nd day of September 2025, and passed and adopted on the ____ day of September 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

7.1 Attachment 2 - Ordinance (Title 15)

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2 Exhibit A
Section 15.02.120 within Chapter 15.02 “Building Code” of Title 15, “Building and Construction” of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“15.02.120 Section 113, Chapter 1, Division 2 amended—Means of appeals.

Section 113, Chapter 1, Division 2 of the California Building Code is amended to read as follows:
113.1. General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relating to application, and reasonable interpretation of the provisions of this code, in the event of disagreement with the determination of the Building Official, there shall be and is hereby created a Board of Appeals, consisting of five members experienced in building construction. The Building Official shall act as Secretary of the Board. The City of Foster City Planning Commission shall convene as the Board of Appeals. The Board of Appeals shall adopt reasonable rules and regulations for conducting its investigations and shall consider all evidence or proof submitted and conduct, or cause to be conducted, any investigations or tests it deems necessary and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith.
113.2. Limitations on Authority. An application for an appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code.
113.3 deleted
113.4 deleted”
Section 15.04.110 within Chapter 15.04 “Residential Code”, of Title 15, “Building and Construction” of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“15.04.110 Section R112, Chapter 1, Division 2 amended— Board of appeals.

Section R112, Chapter 1, Division 2 of the California Residential Code is amended to read as follows:

R112.1. General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relating to application, and reasonable interpretation of the provisions of this code, in the event of disagreement with the determination of the Building Official, there shall be and is hereby created a Board of Appeals, consisting of five members experienced in building construction. The Building

7.1 Attachment 2 - Ordinance (Title 15)

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2 Official shall act as Secretary of the Board. The City of Foster City Planning Commission shall convene as the Board of Appeals. The Board of Appeals shall adopt reasonable rules and regulations for conducting its investigations and shall consider all evidence or proof submitted and conduct, or cause to be conducted, any investigations or tests it deems necessary and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith.

R112.2. Limitations on Authority. An application for an appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code.

R112.3 deleted
R112.4 deleted”
Section 15.06.080 Section 15.06.080 within Chapter 15.06 “Existing Building Code”, of Title 15, “Building and Construction” of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:
“15.06.080 Section 112 amended—Means of appeals.

Section 112 of the California Existing Building Code is amended to read as follows:
112.1. General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relating to application, and reasonable interpretation of the provisions of this code, in the event of disagreement with the determination of the Building Official, there shall be and is hereby created a Board of Appeals, consisting of five members experienced in building construction. The Building Official shall act as Secretary of the Board. The City of Foster City Planning Commission shall convene as the Board of Appeals. The Board of Appeals shall adopt reasonable rules and regulations for conducting its investigations and shall consider all evidence or proof submitted and conduct, or cause to be conducted, any investigations or tests it deems necessary and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith.
112.2. Limitations on Authority. An application for an appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code.
112.3 deleted
112.4 deleted”

7.1 Attachment 2 - Ordinance (Title 15)

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2 Section 15.08.080 of Chapter 15.08 “Mechanical Code”, of Title 15, “Building and Construction” of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:

15.08.080 Section 107.0, Chapter 1, Division 2 amended—Board of appeals.

Section 107.0 of the California Mechanical Code is amended to read as follows:
107.1. General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relating to application, and reasonable interpretation of the provisions of this code, in the event of disagreement with the determination of the Building Official, there shall be and is hereby created a Board of Appeals, consisting of five members experienced in building construction. The Building Official shall act as Secretary of the Board. The City of Foster City Planning Commission shall convene as the Board of Appeals. The Board of Appeals shall adopt reasonable rules and regulations for conducting its investigations and shall consider all evidence or proof submitted and conduct, or cause to be conducted, any investigations or tests it deems necessary and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith.
107.2. Limitations of Authority. An application for an appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code.”
Section 15.16.070 of Chapter 15.16 “Plumbing Code”, of Title 15, “Building and Construction” of the Foster City Municipal Code is hereby repealed and replaced in its entirety to read as follows:

15.16.070 Section 107.0, Chapter 1, Division 2 amended—Board of Appeals Section 107.0 of the California Plumbing Code is amended to read as follows:
107.1. General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relating to application, and reasonable interpretation of the provisions of this code, in the event of disagreement with the determination of the Building Official, there shall be and is hereby created a Board of Appeals, consisting of five members experienced in building construction. The Building Official shall act as Secretary of the Board. The City of Foster City Planning Commission shall convene as the Board of Appeals. The Board of Appeals shall adopt reasonable rules and regulations for conducting its investigations and shall consider all evidence or proof submitted and conduct, or cause to be conducted, any investigations or tests it deems necessary and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith.

7.1 Attachment 2 - Ordinance (Title 15)

79 3
7 2
2 107.2. Limitations of Authority. An application for an appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code.”
A new section 15.20.190 is hereby added to Chapter 15.20 “Electrical Code” within Title 15, “Building and Construction” of the Foster City Municipal Code to read as follows:
“Section 89.108.8 amended- Appeals Board.

Section 89.108.8 of the California Electrical Code is amended to read as follows:

89.108.8.1. General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relating to application, and reasonable interpretation of the provisions of this code, in the event of disagreement with the determination of the Building Official, there shall be and is hereby created a Board of Appeals, consisting of five members experienced in building construction. The Building Official shall act as Secretary of the Board. The City of Foster City Planning Commission shall convene as the Board of Appeals. The Board of Appeals shall adopt reasonable rules and regulations for conducting its investigations and shall consider all evidence or proof submitted and conduct, or cause to be conducted, any investigations or tests it deems necessary and shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith.

89.108.8.2 deleted

89.108.8.3. Appeals. An application for an appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code.”

7.1 Attachment 2 - Ordinance (Title 15)

80 3
6 9
5 RESOLUTION NO. _______

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

ESTABLISHING NEW FEE FOR APPEALS TO THE BOARD OF APPEALS AND

FINDING THE ESTABLISHMENT OF THE FEE EXEMPT FROM THE CALIFORNIA

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

CITY OF FOSTER CITY
WHEREAS, the City of Foster City has the authority to impose fees, charges, and rates to offset the costs for municipal services and regulatory programs under its police powers under California Constitution Article XI section 7; and WHEREAS, it is the general policy of the City to charge for the full costs of services provided by City Staff when such services benefit individual users rather than members of the community as a whole; and
WHEREAS, to better achieve the City’s cost recovery goals, the City Council deems it advisable and in the best interests of the City to adopt and update certain fees, included in the City’s Master Fees and Service Charges; and WHEREAS, the California Building Code Section 1.8.8 mandates that every city, county, or city and county shall establish a process to hear and decide appeals of orders, decisions and determinations made by the enforcing agency relative to the application and interpretation of this code and other regulations governing construction, use, maintenance and change of occupancy; and
WHEREAS, the Community Development Department recommends establishing a new fee for the appeal to the Board of Appeals; and
WHEREAS, the Fees comply with Article XIII-C of the California Constitution because they are either (1) charges imposed for a specific government service or product that are not imposed on those not receiving the service or product and do not exceed the City’s reasonable costs of providing the service or product; or (2) charges imposed for the reasonable regulatory costs to the City for issuing licenses and permits, performing investigations, inspections, and audits, and administrative enforcement and adjudication thereof.

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF FOSTER CITY does resolve as follows:

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

7.1 Attachment 3 - Resolution

81 3
6 9
5 1. The foregoing recitals are true and correct and are incorporated by reference into this action; and

2. The proposed amendments are exempt from CEQA Guideline Section 15061(b)(3).

Section 2. The fee for an Appeal to the Board of Appeals pursuant to sections

15.02.120, 15.04.110, 15.06.080, 15.08.080, 15.16.070, and 15.20.190, as may be amended, and any other section of the Foster City Municipal Code, except section

15.24.140 (Fire Code), wherein a right of appeal to the Board of Appeals is provided shall be as set forth and incorporated herein by reference (hereinafter “Fees”), and are hereby approved and adopted as the applicable fees to be paid to the City of Foster City.

Ref No. Revenue Title Fees FY 2025-26
CDB-18 (New) Appeals Actual Cost* of service with a minimum $1,000 Deposit at the time of filing
* "Actual Cost" is time and materials, including all direct and indirect overhead costs. "Actual Cost" is charged against the required deposit.

Section 3. Effective Date. This Resolution shall be effective as of January 1, 2026.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the fee for an Appeal to the Board of Appeals.

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 September 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

7.1 Attachment 3 - Resolution

82 7.1
Attachment 4 - Building Code References

83 7.1
Attachment 4 - Building Code References

84 7.1
Attachment 4 - Building Code References

85 7.1
Attachment 4 - Building Code References

86 7.1
Attachment 4 - Building Code References

87 7.1
Attachment 4 - Building Code References

88 7.1
Attachment 4 - Building Code References

89 DATE: September 2, 2025

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

FROM: Priscilla Schaus, Communications Director/City Clerk DEPARTMENT: Communications/City Clerk
SUBJECT: APPOINTMENT OF VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES 2025 ANNUAL CONFERENCE

RECOMMENDATION
It is recommended that the City Council, by Minute Order, appoint one voting delegate and two alternates to be present at the League of California Cities (“Cal Cities”) Annual Conference General Assembly Meeting to be held on Friday October 10.

EXECUTIVE SUMMARY
The Cal Cities’ 2025 Annual Conference is scheduled for October 8-10. An important part of the Annual Conference is the Annual General Assembly Meeting, where member cities can take action on resolutions that establish Cal Cities policy. The General Assembly is comprised of one voting delegate from each member city. Each city may also appoint alternate voting delegates, who may vote in the event that the designated voting delegate is unable to serve in that capacity. Cal Cities has advised City Council to take action to designate voting delegates by September 24, 2025.

Vice Mayor Art Kiesel is the City’s alternate Representative/Liaison to Cal Cities and Mayor Stacy Jimenez is the City’s Representative/Liaison.

Four members of the City Council have signed up to attend the conference. See attached Memorandum from Cal Cities regarding designation of voting delegates and alternates.

8.1 8.1 Staff Report

90 California Environmental Quality Act
Not Applicable

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

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

Attachment 1 - Memorandum

8.1 8.1 Staff Report

91 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

DATE: Wednesday, July 16, 2025

TO: Mayors, Council Members, City Clerks, and City Managers

RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 8-10, 2025 Long Beach Convention Center

Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 10, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 24. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 24, 2025

8.1 Attachment 1 - Memorandum

92 For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 24. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly

8.1 Attachment 1 - Memorandum

93 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

8.1 Attachment 1 - Memorandum

94 Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

8.1 Attachment 1 - Memorandum

95 DATE: September 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
Chuck Venook, Chief Building Official
DEPARTMENT: Community Development
SUBJECT: UPDATE ON LOCAL REACH CODES

RECOMMENDATION
It is recommended that the City Council by Minute Order, receive an update on local Reach Codes and provide direction on staff’s recommendation to adopt Reach Codes for commercial construction only.

EXECUTIVE SUMMARY
Every three (3) years, the State of California adopts and publishes a set of new construction codes referred to as the California Building Standards Code (CBSC) or California Code of Regulations (CCR), Title 24. Through the code adoption process, the California Building Standards Commission selects and approves a set of model codes, including the California Building Code (CBC), Mechanical Code, Plumbing Code, Electrical Code, Existing Buildings Code, Fire Code, Energy Code, Residential Building Code, Historical Building Code, and Green Building Code.

Participating State agencies, such as the State Fire Marshal (SFM), Division of the State Architect (DSA), Housing and Community Development (HCD), and Office of Statewide Health Planning and Development (OSHPD), have an opportunity to amend the code for the occupancy groups under their respective authorities. Without taking any action, the State Model Building Codes become the default codes of the city. Local jurisdictions may

9.1 9.1 Staff Report

96 choose to adopt local building codes that “reach” above and beyond the State minimums; these are referred to as “Reach Codes”.

The most recent code cycle was in 2022 with an effective date of January 1, 2023. The next code cycle is up for adoption in 2025 with an effective date of January 1, 2026.

Below, staff has noted four (4) key considerations related to Reach Codes.  Assembly Bill (AB) 130: On June 30, 2025, Governor Newsom signed into law Assembly Bill (AB) 130, as part of California's budget package, which makes significant changes to the way cities adopt or amend the CBSC (see former AB 306) and restricts local jurisdictions from adopting local amendments to the residential building code between Oct. 1, 2025 and June 1, 2031. Berkeley Case Law Related to Electrification: The U.S. Court of Appeals for the Ninth Circuit overturned the Berkeley ordinance that prohibited natural gas infrastructure in new buildings (California Restaurant Association v. City of Berkeley, 89 F.4th 1094 (9th Cir. 2024) (“CRA”). The Ninth Circuit found that the City of Berkeley’s Ordinance No. 7672-NS created a ban on natural gas infrastructure in newly constructed buildings, which is preempted by the federal Energy Policy and Conservation Act (“EPCA”), which authorizes the Department of Energy to set energy efficiency standards for consumer appliances.  Electrical Capacity Study: The Electrical Capacity Study, undertaken exclusively for Foster City, concluded that the existing electric distribution system will not fully support the future development and electrification of Foster City.  Climate Action Plan (2024) Update: On November 18, 2024, the City of Foster City adopted the CAP 2024 Update. The CAP 2024 Update provides a set of implementation measures and programs to address climate change by reducing greenhouse gas (GHG) emissions associated with vehicle trips, energy consumption, and solid waste. The program E-W.2.4 includes “Adopt a single margin source energy score for new residential and commercial construction that exceeds the State's minimum standards by 2026.”

BACKGROUND
Senate Bill (SB) 32 requires the California State Air Resources Board (CARB) to ensure the State’s GHG emissions are reduced to 40 percent below the 1990 levels by 2030.

Residential and commercial buildings are responsible for roughly 25% of California’s GHG emissions (CARB, 2019, California GHG Emission Inventory: 2000 – 2017, 2019 Edition). Building electrification is a strategy to decarbonize buildings and achieve GHG emission reduction goals.

The CBSC (Title 24 of the CCR) is updated and published on a three-year cycle. The California Building Standards Commission publishes the triennial codes, and State law

9.1 9.1 Staff Report

97 mandates that these codes become effective throughout California 180 days after the publication date. The current (2022) cycle of State building codes became effective on January 1, 2023.

Local jurisdictions may amend the published codes to address local climatic, geological, or topographical conditions. These amendments are called Reach Codes because they exceed or “reach” beyond the requirements of the State’s base code. Local Reach Codes must be readopted every three (3) years when the CBSC is updated.

In 2024, staff presented two (2) informational reports to the City Council on the topic of Reach Codes, as follows:

1. March 18, 2024, City Council Meeting
On March 18, 2024, staff provided an informational report on the Electrical Capacity Study prepared to consider the potential adoption of local Energy Reach Codes and sought policy direction from the City Council regarding Reach Codes adoption.

In the staff report, staff outlined three (3) key points for Council’s consideration as noted below:
The Electrical Capacity Study concluded that the existing electric distribution system will not fully support the future development and electrification of Foster City.
The U.S. Court of Appeals for the Ninth Circuit overturned the Berkeley ordinance that prohibited natural gas infrastructure in new buildings, and due to this ruling, several cities and counties were pausing their Reach Code electrification implementation.
The next code cycle, 2025 Title 24, Part 6 Standards, will be released in June 2024 and will include a new set of State minimum regulations.

At the meeting, staff sought policy direction from the City Council on the following items:

1. Should staff continue to study options for Energy Reach Codes?

2. If staff should engage with PG&E to discuss the study's outcome, distribution capacities, and necessary resources to meet load growth.

After deliberation, the City Council, by Minute Order No. 1968, directed staff to:

1. Engage with PG&E to discuss the outcome of the Electrical Capacity Study, distribution capacities and necessary resources to meet load growth;

2. Explore Zero Emission/Zero NOx Reach Codes option, its validity, and any legal challenges associated with it; and

3. Explore other Reach Code options.

2. October 7, 2024, City Council Meeting
Per Council’s direction from March 18, 2024, meeting, staff engaged with PG&E and researched Zero Emission/Zero NOx and other Reach Codes options.

9.1 9.1 Staff Report

98 Meeting with PG&E
On April 22, 2024, staff met with PG&E and discussed the highlights of the Electrical Capacity Study. PG&E noted that, as per California Public Utilities Commission (CPUC) guidelines, PG&E needs to have development applications submitted to plan for any capacity upgrades to transformers and/or feeders. In other words, PG&E cannot make upgrades based on an Electrical Capacity Study or other studies for future electrification efforts.

Zero Emission/Zero NOx Reach Code
Staff presented a brief overview of Zero NOx Reach Codes and discussed the examples of three (3) cities that adopted it, including the Town of Los Altos Hills, City of Berkeley, and City of Campbell.
Other Reach Code Options
Staff also included a discussion regarding alternative local energy reach code adopted by other local jurisdictions, including San Luis Obispo, San Jose, Santa Cruz, and Palo Alto, East Palo Alto.

At the meeting, staff presented three (3) options for Council’s consideration:

1. Option 1: Draft an ordinance for Energy Reach Codes based on the Zero NOx approach for the 2022 or 2025 Building Code cycle.

2. Option 2: Draft an ordinance for Energy Reach Codes based on a One-Margin approach for the 2022 or 2025 Building Code cycle.

3. Option 3: Draft Other Reach Codes - EV Charging for 2022 or 2025 Building Code cycle.

After deliberation, the City Council, by Minute Order No. 1997, directed staff to bring this item back at a future meeting for City Council’s consideration once the 2025 Building Codes have been approved by the State of California.

ANALYSIS
This section provides an overview of four (4) key items related to Reach Code Updates.

1. AB 130
AB 130, recently signed into law, makes a number of changes to existing law, including, among other changes, amendments to California Health and Safety Code Sections 17958 and 17958.5 to prohibit state and local building code updates applying to residential units from June 1, 2025, through June 1, 2031, except in certain narrow circumstances. The stated goal of the bill is to reduce construction costs and increase housing supply following the devastating fires in Los Angeles earlier this year. The bill offers the following limited exceptions to this prohibition on changes or modifications to the California building standards:

9.1 9.1 Staff Report

99 The changes or modifications are substantially equivalent to changes or modifications that were previously filed by the governing body of the city or county and were in effect as of January 1, 2025.
The California Building Standards Commission deems those changes or modifications necessary as emergency standards to protect health and safety. The changes or modifications relate to home hardening and are proposed for adoption by a local fire prevention district pursuant to Section 13869.7. The changes or modifications are necessary to implement a local code amendment that is adopted to align with a general plan approved on or before June 10, 2025, and that permits mixed-fuel residential construction consistent with federal law while also incentivizing all-electric construction as part of an adopted greenhouse gas emissions reduction strategy.
The changes or modifications are related to administrative practices, are proposed for adoption during the intervening period pursuant to Section 18942, and exclusively result in any of the following:
oReductions in time for a local agency to issue a post entitlement permit. oAlterations to a local agency’s post-entitlement fee schedule. oModernization of, or adoption of, new permitting platforms and software utilized by the local agency.
oReductions in cost of internal operation for a local agency. oEstablishment, alteration, or removal of local programs related to enforcement of building code violations or complaints alleging building code violations.

Staff Comments: This bill prohibits local jurisdictions from adopting any building code updates for residential units, unless the updates are related to health and safety and/or home hardening.

2. Berkeley Case Law Related to Electrification
Due to CRA vs Berkeley ruling, may jurisdictions either paused or suspended enforcement of their existing all-electric building requirements, including San Mateo County, Menlo Park, Mountain View, Sunnyvale, Cupertino, Santa Cruz and so on.

A few cities amended or adopted revised ordinances in response to this ruling. For example, the Town of Los Altos Hills, City of Berkeley and City of Campbell adopted Zero NOx Reach Codes (Zero-NOx means they do not emit harmful NOx pollutants).

A few other jurisdictions adopted, including San Luis Obispo, San Jose, Palo Alto, East Palo Alto, high-performance energy efficiency requirements based on the "One Hourly Source Energy" model code.

9.1 9.1 Staff Report

100

Staff Comments: In 2024, due to this ruling, several cities and counties either paused Reach Code electrification implementation or amended their Reach Codes (all- electric provisions) to either Zero NOx Reach Codes or High-Performance Efficiency Reach Codes. Staff also presented a report on Reach Codes to the City Council on October 7, 2024 (see details above under the Background section). Thus, staff will explore Reach Codes for commercial projects that will be consistent with the ruling of the CRA case.

3. Electrical Capacity Study
An Electrical Capacity Study was completed in January 2024 and concluded that electrification of existing buildings, new building development, and vehicles will add an estimated 228.5 GWh of annual electricity consumption in addition to the existing 204.7 GWh electricity use in 2022, more than doubling current electricity use. For more details, please refer to the link for the Electrical Capacity Study.

It is important to understand that full electrification of buildings and transportation comes with practical challenges, and the report notes substantial challenges for Foster City. Pages 36 through 38 of the Electrical Capacity Study include a list of conclusions, recommendations, and mitigation strategies.

Some of the highlights of the report are as follows:
The existing electric distribution system will not fully support the future development and electrification of Foster City.
Even when service upgrades are necessary, it is still cost-effective to electrify single-family homes based on the CEC’s societal based long-term system cost (LSC) metric. However, service upgrades present a high first cost to owners and can be a deterrent to equitable decarbonization.
Bay Meadows Feeder, which is one of the seven PG&E feeders, currently serving portions of neighborhoods 1, 2, 3, PT (Pilgrim Triton), and C (Chess Hatch), as well as portions of San Mateo, will not be able to support electrification with its remaining capacity of 0.6 MW.

Staff Comments: The Electrical Capacity Study concluded that the existing electric distribution system will not fully support the future development and electrification of Foster City.

4. CAP 2024 Update.

The CAP 2024 Update sets forth an objective of slashing GHG emissions by almost 50% below 2005 levels by 2030, marking a pivotal step toward the overarching aim of an 88% reduction by 2045. The CAP 2024 Update provides a set of implementation measures and programs to address climate change by reducing GHG emissions associated with vehicle trips, energy consumption, and solid waste. The program E- W.2.4 includes the following language:

9.1 9.1 Staff Report

101

Adopt a single margin source energy score for new residential and commercial construction that exceeds the State's minimum standards by 2026.

In the staff report to the City Council on October 7, 2024, staff detailed other Reach Code Options, including “Single Hourly Source Margin” model code, also known as the “Single Margin” or “One Margin” code (see staff report). The One Margin approach allows for the installation of both mixed fuel and all-electric construction while imposing requirements that consider the emissions of both types of construction. Mixed-fuel construction would generally require significant investments in energy efficiency, solar, and storage to offset the emissions of natural gas appliances in order to meet these requirements.

Staff Comments: To implement the CAP Update 2024 program, E-W.2.4, staff will initiate work on Reach Codes for commercial construction projects. Whatever option is identified, it will need to be reviewed to confirm that the requirements will be consistent with the ruling of the CRA case.

Staff Recommendations for Reach Codes:
Residential Construction:

Considering the moratorium imposed by AB 130 on the adoption or modification of new state and local residential building standards, which will be in effect from October 1, 2025, to June 1, 2031, along with the CRA case and the conclusions from the Electrical Capacity Study indicating that the current electric distribution system cannot adequately support the future development and electrification of Foster City, staff recommends that no Reach Codes for Residential construction be adopted for this code cycle.

Commercial Construction:

To implement the CAP Update 2024 program, E-W.2.4, staff will initiate work on Reach Codes for commercial construction only. If directed by the Council, Staff will begin working on the draft Ordinance and conduct public outreach before presenting to the City Council for adoption (tentatively in the next 4-6 months).

California Environmental Quality Act
This item is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as no action is being taken and this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

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

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

None

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DATE: September 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 and Sustainability Manager
DEPARTMENT: Community Development
SUBJECT: OVERVIEW OF THE DRAFT PARKS AND OPEN SPACE

ELEMENT AND CONSERVATION ELEMENT

RECOMMENDATION
It is recommended that the City Council, by Minute Order, receive an overview of the draft (1) Parks and Open Space Element, and (2) Conservation Element, of the General Plan.

EXECUTIVE SUMMARY
In the 2021-2022 state legislative session, Senate Bill (SB) 1425 was passed and signed into law. This bill requires the General Plan Open Space Element to be updated by January 1, 2026, with expanded requirements, including consideration of climate resilience in coordination with the Safety Element. The bill also explicitly focuses on "rewilding opportunities," or creating and preserving open space networks to support biological and recreational uses.

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

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development to wildlife, as defined, and habitat connectivity. To ensure compliance with SB 1425 and AB 1889 requirements in a timely manner, the City began work on updating the two (2) Elements, including the Parks and Open Space Element, and Conservation Element.

Since the start of the process, there have been two (2) reports to the City Council, including:
 March 17, 2025: To provide an overview of the process for updating two (2) Elements of the General Plan and the Community Engagement Plan.  June 2, 2025: An update on the project status, a discussion on the assessments, including Community Assessment, Conservation and Open Space Assessment, and Parks and Recreation Assessment, and associated policy considerations for the two (2) Elements.

This third and final report aims to provide an overview of the draft Elements and an opportunity to provide comments to staff and consultants to guide the Final Draft of the (1) Parks and Open Space Element, and (2) Conservation Element, of the General Plan for adoption.

BACKGROUND
While a general plan contains the community vision for future growth, California law also requires each general plan to address the mandated elements listed in Government Code section 65302. The mandatory elements for all jurisdictions are land use, circulation, housing, conservation, open space, noise, and safety.

Foster City’s general plan consists of the following Elements:
 Land Use and Circulation Element (amended 2013)
 Housing Element (adopted 2024)
 Parks and Open Space Element (adopted 2009)
 Noise Element (adopted 1993)
 Safety Element (adopted 2023)
 Conservation Element (adopted 2009)
General Plan Updates
The Parks and Open Space Element was last adopted in September 2009. It integrates the preservation of parklands and open spaces in the City. The Parks and Open Space sections were combined, given the significant role parklands play in Foster City. For Foster City, the Parks and Open Space Element is the overarching framework for preserving green spaces, protecting the waterfront, and promoting environmental conservation and resiliency. It helps ensure residents enjoy a high quality of life while enhancing climate resilience and access.

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Initially part of the Parks, Open Space, and Conservation Element, the Conservation Element was originally adopted in May 2003 and was reprinted as a standalone element in September 2009. For Foster City, the Conservation Element is essential for protecting natural resources, managing sustainable growth, and addressing environmental challenges in order to ensure the city’s long-term resilience and quality of life through effective conservation practices.

ANALYSIS
In order to comply with the adoption timeline established by SB 1425 and AB 1889, on October 7, 2024, the City Council approved the issuance of a Request for Proposals (RFP) for an Amendment to the Parks and Open Space Element and the Conservation Element of the Foster City General Plan. Subsequently, on December 2, 2024, the City Council awarded a Professional Services Agreement to Rincon Consultants, Inc. (Rincon) to provide professional planning and consultant support services for an Amendment of the Foster City General Plan Parks and Open Space Element and the Conservation Element.

Over the last few months, the consultant completed a review of existing conditions, evaluated existing parks, open space, and conservation policies and programs, summarized their success and identified their implementation hurdles, engaged the community in a variety of ways, prepared and prepared draft of the Elements. See Fig. 1 for the project timeline associated with these two (2) Elements.

Fig 1: Project timeline
Community Engagement has been a critical part of the process. At the beginning of the process, the consultant developed a strategic Engagement Plan that aligns with the Parks Master Plan engagement efforts but does not duplicate previous efforts and includes areas where the City can partner with the Parks Master Plan engagement efforts.

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The goals for public participation were/are as follows:
Provide clear communication on the Parks and Open Space and Conservation Elements and frame it as a separate but connected project to the Parks Master Plan.
Allow for community input across projects that will be thoughtfully incorporated and reflected appropriately in each of the projects.

Table 1 outlines the various ways the community was engaged in the process.

Engagement
Activity
Engagement
Objectives
Target
Audience
Date
(2025)
Attendees/
Responses
Community
Priorities Survey
Expand into WRT’s
previous survey to gain
insight on conservation,
open space, resiliency,
and equitable access
priorities.

All residents One (1)
survey
92 Focus Group
Meetings
Collect pointed
information on the city’s
existing conditions and
needs
Individual
community
groups
or individuals
with interests
or expertise
related to
parks,
open space,
and
conservation in
Foster City.

Two (2)
Mtgs:

Aug 11
&
Aug 13
10 groups:
 Foster City
Little
League
 Bocce Ball
community
 Cycling
community
 Peninsula
Youth
Soccer
 CSAC
 Rotary
 Boating
community
 Sierra Club
Loma Prieta
Chapter
 Sustainable
San Mateo
County
Community
Workshop
Gain detailed insight
into community
priorities, needs, and
challenges to parks and
conservation.

All residents One (1)
workshop
with
Parks
Master
Plan
25+
Pop-Up Events Allow for interactive,
one-on-one input on
Neighborhood-
focused
Two (2)
events:
35+

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policy recommendations
for the Element Updates
.

June 14
(Farmers
Market) &
June 25
(Off-the-
Grid)
Study Session 1:

Introduce the Project
and Engagement Plan;
discuss the city’s future
for parks, open space,
and conservation.

Mar 20
Study Session 2:

Receive feedback on
existing conditions
assessments
May 15
Study Session 3:

Receive input on
drafted Elements and
recommendations
Aug 14
Parks &
Recreation
Committee/
Planning
Commission
Joint
Study Sessions
Planning Commission
Public Hearing:

Hearing to recommend
adoption by City
Council
Parks &
Recreation
Committee
and Planning
Commission;
All Residents
TBD
Study Session 1:

Introduce the Project
and Engagement Plan;
discuss the city’s future
for parks, open space,
and conservation.

Apr 9Citizen
Sustainability
Advisory
Committee
Study
Sessions
Study Session 2:

Receive input on
drafted Elements and
recommendations
Citizen
Sustainability
Advisory
Committee; All
Residents
Aug 13
City Council Report 1: Introduce the
Project and
Engagement Plan;
discuss the city’s future
for parks, open space,
and conservation
City Council;
All Residents
Mar 17

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Report 2: Receive
feedback on existing
conditions
assessments
Jun 2
Report 3: Receive
input on drafted
Elements and
recommendations
Sep 2
City Council Hearing:

Hearing to adopt both
Elements
TBD

OVERVIEW OF THE DRAFT ELEMENTS
Parks and Open Space Element (Attachment 1)
The Parks and Open Space Element fulfills the State’s requirements for an Open Space Element while also establishing Foster City’s vision to how its recreational areas, including parks, natural open space, facilities, and recreation programs, are developed, maintained, and enriched.

The Parks and Open Space Element leverages the City’s parks and open space areas as a vital framework for community wellbeing and natural stewardship. It guides the use of parks and open spaces for recreation, social connection, and enrichment, and plays a role in building resilience to natural hazards such as flooding and extreme heat. By weaving these aspects together, the City can enhance livability for all residents and foster deeper relationships with Foster City’s natural environment. This Element focuses on the parks and recreation System, programming and events, operation and maintenance, open space value for natural resources and climate resiliency.

This Parks and Open Space Element is organized into four (4) primary sections:

1.Requirements: The draft Parks and Open Space Element of the General Plan is guided by state law, regional plans, and local priorities that collectively aim to preserve natural resources, promote ecological health, and support the sustainable management of environmental systems. Key statutes and policies include California Government Code §65302(e), Quimby Act, Public Park Preservation Act, Senate Bill (SB) 1425, Assembly Bill (AB) 1889 and Regional (OneShoreline, the San Francisco Bay Conservation and Development Commission, and the Association of Bay Area Governments) and Local Planning (Parks Master Plan and Capital Improvement Program).

2.Background: The update process for the draft Parks and Open Space Element included a comprehensive assessment of existing conditions, featuring both a

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systemwide analysis that covered the level of service, access, connectivity, usage, and amenities, as well as detailed evaluations of individual park sites. The section includes a discussion on Parks, Open Space, Water Bodies, Trails, Park Access, Park Acreage, Recreation Amenities, Park use, Park Site Assessment and Opportunity Sites. The sections also detail out the results of the community engagement.

3.Goals and Policies: The Goals and Policies section defines the City’s goals and policy direction in the categories of: Parks and Recreation system, Programming and Events, Operations and Maintenance, Open Space Value for Natural Resources, and Climate Resiliency. There are seven (7) goals and 22 policies included in this section.

4.Implementation Programs. The Implementation Programs section outlines 28 specific programs that the City will take to achieve the vision set by the Goals and Policies section above. Each program has been identified with a lead department, supporting department, and includes specific timeframe for implementation.

Please refer to Attachment 1 for the draft Parks and Open Space Element.

Conservation Element (Attachment 2)
The Conservation Element fulfills the State’s requirements for a Conservation Element and articulates Foster City’s long-term vision for conserving and managing its natural and cultural resources. Within this, it emphasizes environmental sustainability, community well-being, and climate resilience as central to the City’s management of natural resources.

This Element outlines the city’s environmental setting, highlights unique local resources, and establishes goals, policies, and implementation actions to support their protection, restoration, and sustainable use. It guides stewardship of wildlife and habitat, the urban forest, surface and groundwater, and historic, cultural, and tribal resources. It also supports efforts to improve air quality and reduce greenhouse gas emissions in alignment with state mandates.

This Element focuses on biological resources, water resources, air quality, energy resources, resilience and adaptation.

Similar to the Parks and Open Space Element, it is organized into four (4) primary sections:

1.Requirements: The Conservation Element of the General Plan is guided by State law, regional plans, and local priorities that collectively aim to preserve natural resources, support ecological health, and support the sustainable management of environmental systems. Key statutes and policies include California Government Code §65302(d), California Air Resources Board (CARB) and Bay Area Air Quality

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Management District (BAAQMD) Guidance, SB 1425, AB 1889, and Regional (Regional Water Quality Control Board Basin Plans, San Mateo County Sustainable Streets and Green Infrastructure Plan, OneShoreline) and Local Planning.

2.Background: The process for updating the Conservation Element included a comprehensive assessment of existing conditions; evaluating the city’s natural resources, habitat areas, water and air quality, and energy infrastructure; and identifying opportunities to enhance ecological health and climate resilience. In addition, the analysis evaluated future considerations on sea level rise, groundwater rise, extreme heat, and air quality, and highlighted opportunities to enhance biodiversity, carbon sequestration, and equitable access to green space.

The section includes discussion on biological resources, including wildlife connectivity, coastal resources, climate considerations; water resources, including water quality, water supply, climate considerations; air quality; and energy resources. The section also notes results of the community engagement in detail.

3.Goals and Policies: The Goals and Policies section defines the City’s goals and policy direction. Overall, there are nine (9) goals and 38 policies.

4.Implementation Programs. The Implementation Programs section outlines specific actions the City will take to achieve the vision set by the Goals and Policies section above. Each program has been identified with a lead department, supporting department, and includes specific timeframe for implementation. There are 23 implementation programs.

Please refer to Attachment 2 for the draft Conservation Element.

To solicit feedback from the community on the draft Elements, staff have undertaken the following:
Posting on the homepage and the website: Aug 8 – Sep 2, 2025 Focus group meetings: Aug 11 and 13, 2025.
Presentation to the CSAC: Aug 13, 2025.
Joint Special Meeting of Planning Commission and Parks & Recreation Committee: Aug 14, 2025
Electronic Marquee Sign in Leo Ryan Park
 Newsletter: Aug 14 and Aug 28, 2025
Table at Summer Days: Aug 16, 2025
Promotion on social media beginning on Aug 15 and continuing through Sept 2 Based on the feedback, the consultant will make any necessary edits and prepare the Final Draft Elements.

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Staff has summarized the feedback from the focus groups and the Planning Commission in Attachment 3.

Next Steps
The Final Draft Elements will then be presented to the Planning Commission during a public hearing tentatively in October, where they will make a recommendation to the City Council regarding the final adoption of these Elements. Subsequently, these Elements will be presented to the City Council in a public hearing for final adoption.

California Environmental Quality Act
This agenda item is intended to provide a progress report to the City Council, is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a "project" that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

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

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement Smart Planning, Development, and the Local Economy
ATTACHMENTS:

Attachment 1 – Draft Parks and Open Space Element
Attachment 2 – Draft Conservation Element
Attachment 3 – Feedback on draft Elements

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Parks and Open Space Introduction
Chapter 5: Parks and Open Space Element 1
Parks and Open Space Introduction
Boardwalk along the Foster City Lagoon near Leo J. Ryan Park, a central open space known for its scenic waterfront and community gathering areas Foster City, 2025.

Purpose
The Parks and Open Space Element fulfills the State’s requirements for an Open Space Element while also establishing Foster City’s vision to how its natural and recreational areas, including parks, natural open space, facilities, and recreation programs, are developed, maintained, and enriched.

The Parks and Open Space Element leverages the city’s parks and open space areas as a vital framework for community wellbeing and natural stewardship. It guides the use of parks and open spaces for recreation, social connection, and enrichment, and plays a role in building resilience to natural hazards such as flooding and extreme heat. By weaving these aspects together, the City can enhance livability for all residents and foster deeper relationships with Foster City’s natural environment.

This Element is organized into four primary sections: Requirements, Background, Goals and Policies, and Implementation Programs. The Requirements section outlines legal requirements for this element. The Background section provides existing conditions and key trends related to parks, open space, and recreation. The Goals and Policies section defines the City’s goals and policy direction for parks, open space, and recreation. The Implementation Programs section outlines specific actions the City will take to achieve the vision set by the Goals and Policies.

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Parks and Open Space Introduction
Chapter 5: Parks and Open Space Element 2
Clarification of Terminology
The Conservation Element and the Parks and Open Space Element both address land and resource stewardship in Foster City, but each with a distinct purpose and emphasis:

While these categories differ in focus, they are deeply interconnected. Open space and parks often serve as the physical setting where conservation strategies are implemented. For example, a park may include restored habitat, and an open space corridor may function as both a scenic buffer and a wildlife pathway. Conservation provides the guiding framework that weaves these uses together, ensuring Foster City’s green spaces support not only recreation and beauty, but long-term ecological health and resilience.

Legal Requirements
The Parks and Open Space Element of the General Plan is guided by state law, regional plans, and local priorities that collectively aim to preserve natural resources, promote ecological health, and support the sustainable management of environmental systems. Key statutes and policies include the following:

California Government Code §65302(e) – Open Space Element Requirements
California Government Code §65302(e) requires all general plans to include an Open Space Element that addresses the long-term preservation of open space lands. This includes open space for natural resource protection, outdoor recreation, hazard mitigation (such as flood and fire zones), and the production of resources like agriculture. Additional considerations include open space that supports military readiness or protects tribal resources.

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Parks and Open Space Introduction
Chapter 5: Parks and Open Space Element 3
Quimby Act
Government Code §66477, known as the Quimby Act, allows cities and counties to require residential subdivisions to dedicate land or pay in-lieu fees for park and recreational purposes. These dedications or fees are then used to fund new park and open space development in consideration of population growth necessitating additional public open spaces.

Public Park Preservation Act
The Public Park Preservation Act (§5400–§5409) restricts the sale, lease, or disposal of public parkland unless a replacement of equivalent size and function is provided. This protects publicly accessible parks from being converted to non-recreational uses without due process and community benefit.

Senate Bill 1425 (2022) – Open-Space Element: Updates
Senate Bill (SB) 1425 added Government Code §65565.5 to require that the Open Space Element prioritize the multi-benefit use of open spaces, particularly in historically underserved communities. The law directs jurisdictions to include plans and an action program in any update to address access to open space for all residents in a manner that considers social, economic, and racial equity, correlated with the environmental justice policies in the general plan, address climate resilience strategies such as flood mitigation and cooling, and to address rewilding opportunities.

Regional and Local Planning
In addition to meeting State requirements, the Parks and Open Space Element must be aligned with regional priorities and local planning efforts. On the regional scale, open space planning is often coordinated through countywide or multi-jurisdictional strategies. For Foster City, relevant partners include OneShoreline, the San Francisco Bay Conservation and Development Commission (BCDC), and the Association of Bay Area Governments (ABAG), each of which plays a role in guiding land use and resource conservation within the San Francisco Bay Area. These agencies provide policy guidance and mapping resources that help local governments identify priority areas for natural infrastructure, shoreline buffers, habitat corridors, and sea level rise adaptation.

At the local level, the Parks and Open Space Element provides the overarching vision implemented by Foster City’s Parks Master Plan and Capital Improvement Program. These documents identify specific opportunities for acquiring, improving, and maintaining parks and recreational spaces in alignment with the vision of the Parks and Open Space Element. The Element also integrates the City’s broader environmental goals, such as climate resilience, stormwater management, and habitat restoration by incorporating nature-based solutions and equitable access principles into the design and stewardship of DRAFT
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Parks and Open Space Introduction
Chapter 5: Parks and Open Space Element 4
open spaces. The alignment between regional frameworks and local initiatives ensures that Foster City’s open space planning supports both community priorities and broader environmental sustainability goals.

Relationship to the Foster City Parks Master Plan
The update to the Parks and Open Space Element was developed concurrently with the 2025 Parks Master Plan. These two documents are closely linked; the Parks and Open Space Element establishes a citywide vision and high-level framework to guide the planning, development, and stewardship of Foster City’s parks, recreational facilities, and open space resources. As shown in Figure 1, the Parks Master Plan builds on this foundation with a more detailed assessment of community needs and priorities. The Parks Master Plan includes specific recommendations and an implementation strategy to help realize the City's long-term vision and ensure that parks and open spaces continue to support both ecological functions and community well-being.

Because these efforts were conducted in parallel, much of the detailed community engagement and needs assessment from the Parks Master Plan has been integrated into this Element, further strengthening its vision and policy framework for the future of parks and open space in Foster City.

Figure 1 Relationship Between the Parks and Open Space Element and the Parks Master Plan
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Background
Chapter 5: Parks and Open Space Element 5
Background
The update process for the Parks and Open Space Element included a comprehensive assessment of existing conditions, featuring both a systemwide analysis that covered level of service, access, connectivity, usage, and amenities, as well as detailed evaluations of individual park sites. As shown in Figure 2, extensive community outreach was conducted in coordination with the Parks Master Plan, ensuring that the voices of residents and stakeholders guided the direction of both the Parks Master Plan and this Element. Together, the assessment and engagement serve as the foundation for the goals and policies of the Parks and Open Space Element.

Figure 2 Community Engagement Overview
*Note: The Parks & Open Space Workshop was held in conjunction with the Park Master Plan’s second workshop.

Parks and Open Space Focus Groups will be conducted in August of 2025, and number engaged subsequently added.

Parks and Open Space System
Parks
As shown in Table 1 and Figure 3, Foster City has approximately 133 acres of publicly accessible parks and open spaces that shape the city’s recreational and ecological landscape. The city is anchored by four large community parks, Leo J. Ryan Park, Sea Cloud Park, Boothbay Park, and Edgewater Park, which offer a wide range of amenities such as sports fields and courts, playgrounds, and group picnic areas that attract diverse users from across the community. Leo J. Ryan Park serves as a hub for major community events and is the site of Foster City’s new community center. The center will offer flexible spaces and upgraded amenities to better serve residents’ needs.

In addition to community parks, Foster City is home to a network of smaller neighborhood and mini parks nestled within residential areas. These parks provide everyday recreational opportunities and are DR
pen Space Workshop was held in conjpen Space Workshop was held ace Focus Groups will be conducted inace Focus Groups will be conducted dd Open SpaceOpen Spac
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Background
Chapter 5: Parks and Open Space Element 6
designed to meet the specific needs of nearby residents. The city also includes three special-use parks dedicated to unique recreational activities such as windsurfing and dog play.

Foster City’s park system includes large community parks like Sea Cloud Park (left), popular neighborhood parks like Catamaran (middle) and mini parks that serve local needs, like Ketch Park (right).

Open Space
Foster City contains a diverse range of open spaces that enhance environmental quality and provide recreational and ecological value. In addition to the 24 parks, the city includes approximately 22 acres of publicly accessible open space along trails and 41 acres of open space with restricted access, much of which consists of sensitive habitat along the levee system and protected by the California Department of Fish and Wildlife (CDFW). Public access is generally discouraged as these areas consist of sensitive habitat along the levee pedway. The shorelines along the Belmont Slough are protected as a part of the Redwood Shores Ecological Reserve. The CDFW oversees the ecological health and wildlife protection in the area. Natural areas like the Belmont Slough offer scenic trails and habitat for wildlife, and the city features the Foster City Lagoon, described further below. The lagoon primarily supports drainage and water-based recreation, and has some ecological value.

Water Bodies
The Foster City Lagoon is a major recreational and ecological feature and is central to the community’s identity. The Lagoon covers approximately 218 acres and winds through several neighborhoods in Foster City, fronting many of the City’s parks and open spaces. Residents engage in water-based recreational activities such as kayaking, paddling, and boating, and the Lagoon is central to many Foster City community events. Poor water quality and an abundant Canadian Geese population has created maintenance and operations challenges for the City and has discouraged recreational use of the Lagoon.

Just as important, the San Francisco Bay creates an enhanced experience for people using the Levee Pedway and Bay-adjacent parks such as Baywinds, Gateshead, Shorebird, and Bridgeview. The San Francisco Bay is the largest estuary on the West Coast, supporting a rich diversity of wildlife and plant species. It provides critical habitat for migratory birds, fish nurseries, and endangered species such as the Ridgway’s rail and salt marsh harvest mouse. The Bay also offers a wide range of recreational opportunities, including kayaking, sailing, birdwatching, and waterfront trails, making it a vital natural and cultural resource that connects communities to the region’s environmental heritage while promoting outdoor access and stewardship.

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Background
Chapter 5: Parks and Open Space Element 7
The Foster City Lagoon (left and middle) and the San Franscico Bay are important recreational assets in the community.

Trails
Wrapping around the perimeter of Foster City’s waterfront edge is the Levee Pedway. This multi-use pathway is a segment of the San Francisco Bay Trail, and serves as a recreational asset for people walking, jogging, and biking. The trail runs past several parks and open space while also providing a continuous path without requiring on-street travel. In addition to the Levee Pedway, neighborhood trails provide local connections throughout Foster City. The Levee Pedway and other trails in Foster City are managed by the City’s Parks and Recreation Department, which oversees maintenance and improvements to ensure safe, accessible routes for walking, biking, and recreation.

The Levee Pedway (left and middle) is a heavily-used regional route that is supported by the City’s local neighborhood trails (right, source: Google Streetview).

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Background
Chapter 5: Parks and Open Space Element 8
Table 1 Parks and Open Space Inventory
Park Number Acres Amenities
Community Parks 4 64.7
Boothbay 11.2 Playground, Ballfield, Basketball Court, Soccer/Multipurpose Field, Tennis Courts, Volleyball Court, Restroom, Picnic Shelter, BBQ
Edgewater 8.5 Playground, Ballfield, Basketball Court, Soccer/Multipurpose Field, Tennis Courts, Restroom, Picnic Shelter
Leo J Ryan 20.7 Basketball Court, Pickleball Courts, Bocce Ball Courts, Tennis Courts, Beach, Boat Launch, Parking Lot
Sea Cloud 24 Playground, Ballfields, Soccer/Multipurpose Fields, Restroom, Picnic Shelter
Neighborhood Parks 10 34.9
Catamaran 5.9 Playground, Basketball Court, Soccer/Multipurpose Field, Tennis Court, Volleyball Courts, Restroom
Erckenbrack 3.5 Playground, Restroom, Beach
Farragut 3.9 Playground, Restroom
Gull 3.1 Playground, Restroom
Kildeer 2.4 Playground
Marlin 3.1 Playground, Restroom
Port Royal 4.0 Playground, Basketball Court, Soccer/Multipurpose Field, Restroom, Parking Lot
Pilgrim Triton* 1.2 Playground, Picnic Area
Shad 2.1 Playground, Basketball Court, Restroom
Shorebird 3.5 Restroom
Sunfish 2.4 Playground, Basketball Court,
Mini Parks 6 5.7
Arcturus 0.75 Playground
Gateshead 0.1 None
Ketch 1.6 Playground, Basketball Court
Leo 0.015 None
Pompano 0.5 None
Turnstone 1.5 Playground, Basketball Court,
Town Center Park* 1.1 None
Special Use Parks 3 7.7
Bridgeview 3.2 Restroom, Parking Lot
Baywinds 1.3 Restroom, Shower, BBQ
Boat/Dog 3.2 Restroom, Boat Launch, Dog Park, Parking Lot Subtotal, Parks 23 112.9
Open Space 63
Publicly Accessible Open Space 22
Restricted Access Open Space 41
Lagoon 218
*Pilgrim Triton and Town Center Park are private parks, but are publicly accessible.

Source: City of Foster City 2025.

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Chapter 5: Parks and Open Space Element 9
Figure 3 Foster City Parks & Open Spaces
Source: City of Foster City, County of San Mateo Open Data portal, 2024.

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Chapter 5: Parks and Open Space Element 10
Park Access
As shown in Figure 4, all of Foster City’s residential neighborhoods are within a 10-minute walk of a park, an aspirational standard that many cities struggle to achieve. While there are portions of the City that are beyond a 10-minute walk from a park, these are primarily employment areas.

Demographic patterns offer insight into how park access and recreational resources can best serve the community. In central Foster City, particularly along the Foster City Boulevard corridor, a larger population of older adults (65 and over) presents an opportunity to enhance amenities and programs that support seniors. Youth, by contrast, are more evenly spread throughout the city, although central neighborhoods overall tend to have the highest population density. Park access is generally well- distributed across all racial and income groups. While Foster City’s population is predominantly Asian and/or White, there are no distinct clusters of culturally specific communities that would require targeted outreach or specialized facilities.

DRAFT
cesscess
ation is pration
munities that womunitie

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Chapter 5: Parks and Open Space Element 11
Figure 4 Foster City Park Walksheds
Source: City of Foster City, County of San Mateo Open Data portal, 2024.

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Chapter 5: Parks and Open Space Element 12
Park Acreage
Park acreage level of service (LOS) measures the availability of parks and recreational facilities relative to a community’s population, helping ensure equitable access and adequate resources. As shown in Table 2, Foster City currently offers 3.2 acres of developed park land per 1,000 residents, which is somewhat higher than the average of similar local communities. Given Foster City residents’ strong park access and general satisfaction with the overall amount of parkland, the Parks and Open Space Element recommends establishing the current ratio of 3.2 acres per 1,000 residents as a standard. Based on projected population growth, meeting this standard would require an additional 12.9 acres of parkland by 2040.

Table 2 Park Acreage Level of Service
City Acres
Publicly
Accessible
Private
Acres Total Acres
Current
Level of
Service
(LOS)
(acres/1000
residents)
Local
Average
LOS1
(acres/1000
residents)
LOS
Standard
(acres/1000
residents)
2040
Additional
Acres
Needed
Parks 110.6 2.3 112.9 3.2 2.8 3.2 12.9
Open Space 22.0 0 22.0 0.6 NA NA NA
Grand Total 132.6 2.3 134. 9 3.8 NA NA NA

1. Average level of service for comparable Bay Area communities (Belmont, Burlingame, Menlo Park, Millbrae, San Bruno, San Carlos, San Mateo, South San Francisco). Source: Parks Master Plan Benchmark Analysis.

Source: WRT and City of Foster City, 2024.

Recreation Amenities
Table 3 summarizes the inventory of recreation amenities in Foster City’s parks, indicates existing level of service for these amenities, and establishes recreation amenity standards based on local and national trends, as well as Foster City’s unique needs. Foster City provides a high level of service for most major recreational amenities, particularly multi-use fields, tennis courts, basketball courts, and playgrounds. By 2040, additional amenities needed to meet projected demand include at least four pickleball courts, one volleyball court, and four reservable picnic shelters. This analysis focuses on traditional park amenities commonly tracked by the National Recreation and Park Association (NRPA). However, it does not capture other important community needs, such as trails, shade trees, walking paths within parks, community gardens, and more, which were highlighted through community engagement (see Engagement Results for Parks & Open Space).

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Chapter 5: Parks and Open Space Element 13
Table 3 Park Recreation Amenity Level of Service
Amenity Inventory
Current LOS
(pop. per
amenity)
Local
Average
LOS 1
(pop. per
amenity)
National
Average
LOS
(pop. per
amenity) 2
Priority
Investment
Rating
(PIR)3
LOS
Standard
(pop. per
amenity)
2040
Additional
Amenities
Needed
Diamond Field 10 3,500 4,878 3,007 Low 4,000 0
Soccer
Multipurpose
Field
12 2,917 8,212 3,333 Low 4,000 0
Basketball Court 8 4,376 7,294 7,501 Low 7,000 0
Tennis Court 13 2,693 6,151 5,461 Medium 4,000 0
Pickleball Court 6 5,834 9,124 7,737 Medium 4,000 4
Bocce Ball Court 4 8,751 N/A N/A Low 9,000 0
Volleyball Court 2 17,502 N/A 14,280 Medium 15,000 1
Dog Park 1 35,004 31,087 27,508 Medium 30,000 0
Playgrounds 15 2,334 3,973 3,105 Low 3,500 0
Reservable Picnic
Tables
3 11,668 6,572 N/A Medium/
High
6,000 4
1 Average level of service for comparable Bay Area communities (Belmont, Burlingame, Menlo Park, Millbrae, San Bruno, San Carlos, San Mateo, South San Francisco). Source: Parks Master Plan Benchmark Analysis. 2 For agencies serving communities of between 20,000 and 49,999 residents. Source: National Recreation and Park Association, 2024. 3 Priority Investment Rating is an index score based on residents’ level of unmet need and level of importance for each amenity. Source:

Parks Master Plan Community Survey, 2024
Park Use
A park usage analysis was also conducted based on data from Placer.ai and revealed how amenities and user demographics influence visitation patterns, offering insights that can guide future planning, investment, and improvements in Foster City’s parks.1
Catering to Residents and Visitors
Foster City parks primarily cater to residents. However, parks like Baywinds Park and Leo J. Ryan Park attract significant non-resident visitation and have the potential for cost recovery opportunities through user fees, equipment rentals, or other strategies. Other parks with desirable recreation amenities, like Sea Cloud, may also have potential to be leveraged for more cost recovery.

Extending Use
Lighting and shade play a role in shaping park usage patterns, both seasonally and throughout the day.

Enhanced lighting can extend usability into evening hours while being designed to not disturb surrounding residential areas. Adding shade trees and structures could also improve comfort and attract 1 PlacerAI is an analytics platform that leverages anonymous mobile location data to analyze how people move through and interact with different spaces.

DRAFT
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nities (Belmont, Burlingame, Menlo Park, ies (Belmont, Burlingame, Menlo Benchmark Analysis.mark Analysis.
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Chapter 5: Parks and Open Space Element 14
more users during peak sunlight. These upgrades could also promote greater year-round accessibility and enjoyment of parks.

Understanding Park Users
Foster City’s parks should reflect the diversity of the community and the varying ways residents engage with outdoor spaces. Young adults, Hispanic/Latino families, and households with lower to moderate incomes tend to use parks frequently, while seniors, middle-aged adults, and Asian residents, who make up the city’s largest demographic group, appear less represented in park use. 2 These patterns point to
opportunities to broaden the appeal of Foster City’s parks by ensuring amenities remain affordable and accessible, offering culturally inclusive programs, improving language access, and enhancing park features that meet the needs of all residents.

Park Site Assessment
Foster City Parks are safe, well-maintained and have divers e recreational amenities, though key challenges include Geese habitation and lack of comfort amenities.

Foster City parks were evaluated for access, safety, functionality, and condition. Each park was considered from the perspective of strengths and areas for improvement. Stunning waterfront views at Leo J. Ryan Park and the variety of diverse activities at Sea Cloud Park make those parks attractive destinations for local and regional community members. The park system also faces challenges, including geese droppings particularly at parks with access to the lagoon, and a lack of signage and pathways at parks like Edgewater and Pompano parks. Strengths and challenges are summarized below. 2 It should be noted that visitor demographic data is inferred based on a visitor’s census block group, providing insights into the demographic composition of neighborhoods rather than the specific traits of individual users.

DRAFT
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parks parks like Edgewater and Pomlike Edgewater and Pom

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Chapter 5: Parks and Open Space Element 15
Opportunity Sites
Foster City is a nearly built-out community with a well-distributed park system and relatively limited undeveloped open space areas. Foster City’s greatest opportunities to expand recreation opportunities lie in enhancing existing parks and facilities. However, two key sites, Sea Cloud II and the Baywinds area, present unique opportunities to introduce new public open spaces that may both provide additional recreational value and also support multiple ecological and resiliency benefits.

Sea Cloud II Site
Adjacent to Sea Cloud Park lies a 21-acre, City-owned open space known as Sea Cloud II, shown in Figure 5. Designated by the Army Corps of Engineers as a dredge material deposit site in 2018, the area has since evolved into a seasonal retention basin and wetland, supporting a mix of natural and invasive vegetation. In recent years, protected bird species have been observed nesting on-site, highlighting the ecological significance of the area and the importance of thoughtful stewardship. Currently fenced off and inaccessible to the public, the site also lacks direct connectivity to Sea Cloud Park and the Bay Trail.

With further study, community visioning, and targeted improvements, it has the potential to become a valuable ecological resource and a passive recreation asset.

Due to the potential presence of wetland and sensitive habitat areas on portions of the site, the scope of potential improvements is not yet fully known. Additional environmental analysis and close coordination with State and regional regulatory agencies will be necessary to clarify the site’s constraints and opportunities. With that understanding, the City could develop a long-term vision that protects and enhances the site's natural features while improving connectivity to the Bay Trail and introducing low-impact recreational amenities such as wildlife viewing, nature exploration, and picnicking.

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Chapter 5: Parks and Open Space Element 16
Figure 5 Sea Cloud II Site Opportunities
Inspirational images of habitat restoration and passive recreation including elevated boardwalk, wildlife viewing areas, and docks.

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Chapter 5: Parks and Open Space Element 17
Baywinds Park
At just 1.3 acres, Baywinds Park is one of Foster City’s smallest parks, tucked into the northwestern edge of the city along the Bay. The park is popular for windsurfing and attracts people from around the region for that activity. However, the surrounding properties include extensive wetlands, open space, and recreational assets, most notably the 25-acre Mariners Point Golf Center and Driving Range and approximately 25 acres of Caltrans-owned undeveloped land including wetlands. Together, these sites (shown in Figure 6) present a unique opportunity to create a more integrated, nature-focused recreation destination that could support habitat restoration, wildlife viewing, environmental education, picnicking, and other passive uses.

The Mariners Point Golf Center is a valued recreational amenity, currently leased by the City and the Estero Municipal Improvement District (EMID) to a private operator. While the long-term vision for the site has not yet been determined, its future use could significantly influence the area’s recreational potential. If the golf course remains indefinitely, improvements could enhance connectivity with Baywinds Park and surrounding open space. If the site is ever repurposed, there may be an opportunity to expand parkland, restore natural habitat, or introduce other recreational facilities.

The Caltrans-owned parcels also represent a strategic opportunity. The City may pursue partnerships or acquisition opportunities that would support site improvements, habitat restoration, and expanded public access.

Figure 6 Baywinds Park Opportunities
Inspirational images of habitat restoration and passive recreation, including a board walk, nature center, and relaxation areas.

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Chapter 5: Parks and Open Space Element 18
Engagement Results for Parks & Open Space
During the planning process, hundreds of residents shared their insights on the parks and open space system through a variety of engagement opportunities, including workshops, pop-up events, surveys, focus groups, and more. Key findings from these activities are summarized below.

Parks Master Plan Community Survey
A strong indicator of community preferences came from the Parks Master Plan Community Survey, conducted by ETC Institute in winter 2024–2025 through a mailed and online questionnaire sent to a random sample of Foster City households. With over 300 participants and a 95 percent confidence level, the survey results are considered reflective of the city’s population. The survey found that 85 percent of residents are satisfied or very satisfied with Foster City’s parks and recreation system—well above the national average of 62 percent. To identify resident priorities for recreation amenities and programming, ETC used its Priority Investment Rating (PIR) tool, which equally weighs the importance of a facility and the level of unmet need, as reported by survey respondents. As shown in Figure 7, top priorities identified include multi-use trails, a recreation center, indoor fitness equipment, a swimming pool, beaches, trees and shade, and walking trails in parks.

Figure 7 Foster City Park Amenity Priorities
Source: ETC Institute, 2025.

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Chapter 5: Parks and Open Space Element 19
Community Engagement Takeaways
Hundreds of engaged residents have shed light on the aspects of the parks and recreation system that should be improved, added, or prioritized. Key themes emerged from the outreach and engagement process:

Trails & Connectivity
x Trails are highly valued, and residents greatly appreciate the Levee Pedway. x Residents desire additional trails connecting neighborhoods, parks, and the Levee Pedway.
x Trail improvements are needed, including increased lighting, signage, and safety.

Beaches & Water Quality
x Issues with water quality and beach conditions deter recreational use. x There are opportunities to activate the water through additional amenities, access points, and water-related programming.
x Community members have strong interest in activating the Lagoon’s edges, especially through outdoor dining.

New Park Experiences
x Foster City has a great park system, with fantastic active recreation facilities. x Residents would welcome new features to further activate and increase identity through new and unique experiences.
x There is demand for more passive spaces, such as walking paths, picnic areas, beaches, and natural open spaces.

Park Comfort
x Park users would benefit from more comfortable places to relax and walk through improved shade, pathways, and seating.
x Some highly visited parks need improved or expanded restrooms.

Indoor Recreation & Swimming
x Residents share a desire for fitness, senior, arts, and cultural programs, reinforcing the need for the new Community Center.
x Indoor fitness equipment and a swimming pool are community needs that are so far unmet with current plans.
x School joint-use agreements are essential for the community’s access to gymnasiums.

DRAFT
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Chapter 5: Parks and Open Space Element 20
Programming and Events
Programming and events are key elements of park facilities and open spaces in Foster City. The City offers a variety of programs and services that fall into the following core program areas:
x Afterschool Programs: Provide programming on elementary school campuses on early dismissal days.
x Athletics: Foster healthy lifestyles and promoting lifelong wellness throughout the community. x Camps: Full-day camps for children ages 4 to 13.
x Community Events: Engage Foster City residents and visitors with free to low-cost events. x Lifelong Learning and Wellness: Various classes offered year-round that provide opportunities for community engagement.
x Reservations and Rentals: Rentable rooms and park spaces that accommodate different types of events, meetings and parties.

Serving All Ages
The Foster City Parks and Recreation Department provides a balance of programs and services across all age segments. The Department should continue to provide programs across all age groups and reevaluate program offerings each year to ensure programs are responding to user needs. Table 4 provides a summary of the various recreational programs offered to different age groups within Foster City.

Table 4 Ages Served by Recreational Core Program Area
Ages Served
Core Program Area
Preschool
(5 and under)
Elementary
(6-12)
Teens
(13-17)
Young
Adult
(18-34)
Adult
(35-54)
Active Adult
(55-64)
Senior
(65+)
Afterschool
Enrichment Program
X
Athletics X X X X X X X
Community Events X X X X X X X
Facility & Park Rentals X X X X
Youth & Adult Contract
Classes & Specialty
Camps

X X X X X X
Teen Afterschool
Program
X
Youth & Teen Camps X X X
Source: Foster City Parks Master Plan Program and Services Assessment, PROS Consulting, 2025.

DRAFT
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Chapter 5: Parks and Open Space Element 21
Engagement Results on Programming
The Parks Master Plan Community Survey sheds light on community interests and needs for programming and events:
x 46 percent residents have participated in Foster City programs in the past 12 months, significantly more than the national average of 36 percent. By weighing the importance of a program and the level of unmet need, fitness/wellness programs, community special events, outdoor recreation, programs for seniors, cultural enrichment programs, visual arts/crafts programs, performing arts programs, and pickleball lessons and leagues emerged as top priorities for residents (see Figure 8). x The biggest barrier to program participation was a lack of awareness, with 27 percent of residents indicating they did not know what was being offered. Other top barriers included inconvenient program times (23 percent) and being too busy or not interested in participating (15 percent).

Figure 8 Program and Event Priorities from the Statistically Valid Community Survey Source: ETC Institute, 2025.

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s incs inc
participatinpartici
Valid Community SValid Comm

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Chapter 5: Parks and Open Space Element 22
Operations and Maintenance
Maintenance is needed for many parks, facilities, and amenities to ensure functionality, safety, and aesthetic appeal for Foster City residents.

Engagement Results on Maintenance
The community engagement process surfaced several key insights related to park operations and maintenance. Feedback from the survey and open-ended comments highlighted both areas of satisfaction and specific concerns that can help guide future improvements. x Physical Condition Generally Rated Well, But Gaps Remain.

While 90 percent of residents rated park conditions as “excellent” or “good,” 9 percent rated them as only “fair” or “poor,” signaling pockets of maintenance issues that may be addressed through targeted interventions.
x Restroom and Trail Maintenance Need Greater Emphasis.

An Importance-Satisfaction (I-S) analysis identified paved path/trails, restrooms, and waterways/beaches as the top two priorities for maintenance. These areas had high importance but relatively lower satisfaction scores, indicating strong community demand for better upkeep. x Cleanliness and Environmental Conditions Are Concerns.

Although not always formally listed, geese droppings were repeatedly mentioned in open-ended comments as a major deterrent to park use, suggesting the need for more proactive sanitation and environmental management as part of routine maintenance.

Maintenance Assessment
A Park Maintenance and Operations Assessment was conducted as part of the Foster City Parks Master Plan, analyzing current maintenance practices, staffing levels, service standards, and operational challenges across the city’s park system. The assessment evaluated how the City maintains its parks and open spaces and reviewed key functions such as turf management, irrigation, equipment upkeep, and trail maintenance.

Key challenges that came out of this assessment included:
x Lack of a Formal Maintenance Management Plan
While some standards exist, the City does not have a fully documented plan tracking work performance and outcomes by park.
x No GIS-Based Asset Management System
The absence of such a system limits the City’s ability to track maintenance needs, costs, and asset lifecycles efficiently.
x Slight Staffing Deficiency
The City staffing levels for parks falls short compared to best-practice benchmarks for park maintenance operations.
x Underfunding of Maintenance Operations
Annual park maintenance funding falls short compared to the level needed for optimal service.

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Chapter 5: Parks and Open Space Element 23
x Well-Equipped but Needs Continued Investment
The City currently has the necessary vehicles and equipment but must reinvest as the system grows to maintain service levels.

Open Space Value for Natural Resources
Foster City’s open space network presents several meaningful opportunities for enhancing natural habitat and wildlife compatibility, including targeted rewilding that can enhance ecological integrity and restore natural processes across the urban landscape. Guided by the provisions of SB 1425, the City can pursue strategies that preserve, enhance, and expand habitat areas within and adjacent to developed zones. The City’s open spaces are identified in Figure 9, below.

Belmont Slough, which forms a natural boundary between Foster City and Redwood Shores, is a prime opportunity area for rewilding. The surrounding wetlands provide vital habitat for shorebirds and native plant communities such as cordgrass and pickleweed. With portions of the shoreline under the management of the CDFW and others privately owned, there are opportunities for both targeted and coordinated restoration efforts such as marshland expansion, the creation of buffer zones using native vegetation, and formal habitat restoration plans that involve multiple local and regional agencies and funding sources.

Seal Slough, also known as Marina Lagoon, represents another opportunity to support habitat connectivity and ecological health. While much of the slough is managed by the City of San Mateo, Foster City shares responsibility for adjacent areas and could support and collaborate on restoration efforts. Strategies may include riparian plantings, removal of invasive species, and the establishment of small-scale wildlife corridors.

Beyond these tidal and riparian corridors, Foster City’s urban parks and landscaped areas offer potential for small-scale rewilding. Parks such as Boothbay and Port Royal could be enhanced by replacing portions of ornamental lawns with native, drought-tolerant plants, introducing wildflower meadows, or establishing gardens focused on native species. Even highly engineered shoreline areas could benefit from nature-based enhancements, such as vegetated buffer strips and boardwalks that improve both habitat quality and public engagement with natural spaces. For additional information and policies on habitat and wildlife management and connectivity, please see the Conservation Element.

DRAFT
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Chapter 5: Parks and Open Space Element 24
Figure 9 Publicly Accessible Open Space

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Chapter 5: Parks and Open Space Element 25
Climate Resiliency
Foster City’s open spaces also play a critical role in advancing the City’s climate resiliency goals by serving as buffers against climate-related hazards and offering natural systems that help moderate environmental stressors. Coastal wetlands and shoreline open spaces, such as those near Belmont Slough and the Bay Trail, absorb floodwaters, reduce wave energy, and space for marsh migration and living-shoreline measures needed to accommodate sea level rise over time.

Mapping of sea level rise scenarios illustrates that while Foster City’s upgraded levee provides critical protection against current coastal hazards, the community remains vulnerable to future conditions driven by climate change. Figure 10 shows a mid-century scenario of approximately 0.8 feet of SLR (about the increase expected during typical daily high tides by 2050, absent any storms). Under this scenario, portions of the shoreline, including parks, trails, and some low-lying residential areas (such as those along Beach Park Boulevard and the fringes of the central lagoon) could experience more frequent tidal flooding. Vulnerability increases further when considering the added impact of severe coastal storms or King Tide events on top of elevated sea levels. Figure 11 illustrates Foster City’s present-day 100-year storm surge scenario, which in combination with sea level rise could exceed the capacity of existing flood protection. Such an event could affect residential neighborhoods, commercial areas, critical infrastructure, and transportation routes, including portions of Highway 101.

Preserving, enhancing, and restoring these areas with native vegetation and habitat restoration strengthens their ability to sequester and store carbon, filter pollutants, and reduce the impacts of storm surges on adjacent neighborhoods and critical infrastructure. Open spaces also bolster ecological resilience by preserving habitat for habitat corridors that allow species to migrate and adapt to rising temperatures and shifting ecosystems, countering regional habitat fragmentation in line with AB 1889.

DRAFT
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Background
Chapter 5: Parks and Open Space Element 26
Figure 10 Sea Level Rise Inundation (0.8 feet)

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Background
Chapter 5: Parks and Open Space Element 27
Figure 11 Present-Day (No Sea Level Rise) 100-Year Storm Inundation Risk

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Background
Chapter 5: Parks and Open Space Element 28
Another emerging concern is groundwater rise. As sea level rises, the water table in Foster City will rise as well, since the city is built on permeable fill and former marsh and the water table will rise as sea level rises. Rising groundwater can lead to flooding from below, even if surface levees hold back the Bay from direct coastal inundation. Figure 12 displays a groundwater rise hazard map for Foster City, highlighting areas particularly susceptible to groundwater rise, particularly the shoreline zones and lands around the lagoon. In these areas, the water table will likely eventually breach the surface or infiltrate underground infrastructure, causing flooding of housing foundations, road base materials, or within storm sewers. Groundwater rise could also induce soil instability or mobilize pollutants in soils.

To strengthen climate resilience and meet SB 1425 goals, Foster City should implement nature-based strategies, such as permeable surfaces, expanded tree canopy, and green stormwater infrastructure, to reduce heat, retain stormwater, and recharge shallow groundwater. For example, native plantings in shoreline parks and undeveloped parcels can strengthen soil stability, support pollinator populations, and reduce the need for irrigation. Meadow restoration and the creation of microhabitats within urban green spaces offer additional benefits by moderating temperatures and supporting localized ecosystems. As climate pressures intensify, integrating open space into the City’s adaptation strategy is vital for ecological function and for protecting the public health and safety of residents. These spaces offer cooler environments during heat waves, areas for passive stormwater retention, and opportunities for environmental education that can foster long-term stewardship and community resilience.

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Background
Chapter 5: Parks and Open Space Element 29
Figure 12 Present Day (No Sea Level Rise) Groundwater Hazard

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Goals and Policies
Chapter 5: Parks and Open Space Element 30
Goals and Policies
Parks and Recreation System
Goal POS-1 Foster City’s parks and recreation system is vibrant, comfortable and responsive.

Policy POS 1.1 Vibrant and Unique Parks. Ensure all Foster City parks are vibrant and have a unique identity, incorporating in-demand and innovative features for evening activation.

Policy POS 1.2 Comfortable Parks. Ensure parks are comfortable and inviting by adding or improving key features such as seating, lighting, shade, and restrooms.

Policy POS 1.3 Community Needs. Ensure the parks and recreation system is responsive to the recreation needs identified in the Parks Master Plan and through continued engagement.

Goal POS-2 Foster City has a connected and accessible parks and recreation system.

Policy POS 2.1 Connected Trail System. Create a citywide network of paths and trails for walking and biking that is safe and comfortable.

Policy POS 2.2 Navigating Parks. Ensure easy access to and navigation within the City’s parks, lagoon, and trails by installing wayfinding signage and creating plans for multi-modal access.

Policy POS 2.3 Accessible & Inclusive. Promote accessibility and inclusivity in park facilities and programs through universal design and diverse, community-responsive activities.

Goal POS-3 The Foster City Lagoon is active and well-integrated with its surroundings.

Policy POS 3.1 Lagoon Access & Amenities. Provide places and amenities to view, enjoy and access the Lagoon.

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Goals and Policies
Chapter 5: Parks and Open Space Element 31
Policy POS 3.2 Waterfront Activation. Increase Lagoon activation through programming and events, improved water quality, and increased water-front activity.

Programming and Events
Goal POS-4 Foster City has lively and inclusive events and programs.

Policy POS 4.1 Programming. Invest in high priority programs and services that bring residents together, serve all age groups, and are responsive to community needs and desires.

Policy POS 4.2 Community Events. Strengthen community events in Foster City by improving and expanding offerings and collaborating with other recreation providers.

Operations and Maintenance
Goal POS-5 Operational efficiency and economic feasibility are core to park and recreation management in Foster City.

Policy POS 5.1 High Quality Maintenance. Continue to support high-quality park and facility maintenance by focusing on key maintenance priorities and investing in maintenance staff, tools, and equipment.

Policy POS 5.2 Funding Strategy. Develop and implement a funding strategy to realize the City’s vision for its parks and recreation system.

Policy POS 5.3 Plan and Engage Proactively. Promote long-term success through regular planning, transparent reporting, and ongoing community engagement.

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Goals and Policies
Chapter 5: Parks and Open Space Element 32
Open Space Value for Natural Resources
Goal POS-6 Foster City’s parks and open spaces support native biodiversity, climate resilience, and ecological function through targeted rewilding, habitat restoration, and nature-based solutions.

Policy POS 6.1 Urban Rewilding. Implement urban rewilding projects to reintroduce natural processes, restore natural ecosystems, and promote biodiversity.

Policy POS 6.2 Habitat Linkages. Prioritize rewilding in areas that enhance or create new habitat linkages and corridors for wildlife movement.) Policy POS 6.3 Resilient Landscaping. Prioritize the use of native, drought-tolerant, and climate-resilient vegetation in existing parks and landscaped open spaces to enhance habitat value, reduce water demand, and support pollinators.

Policy POS 6.4 Ecologically Beneficial Features. Integrate ecologically beneficial features, such as pollinator gardens, wildflower meadows, bioswales, and native plant corridors, into public parks, medians, and along trail networks.

Policy POS 6.5 Community Participation. Encourage inclusive community participation in habitat restoration through stewardship programs, youth engagement, and interpretive signage in rewilded open spaces.

Climate Resiliency
Goal POS-7 Foster City’s open space network is adaptively managed to strengthen resilience to climate change impacts, including sea level rise, extreme heat, and flood risk.

Policy POS 7.1 Multi-benefit Prioritization. Prioritize the preservation and restoration of undeveloped open spaces and natural areas that provide multi-benefit climate services, including flood protection, carbon sequestration, heat reduction, and habitat connectivity, particularly in underserved areas.

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Goals and Policies
Chapter 5: Parks and Open Space Element 33
Policy POS 7.2 Climate Data Integration. Integrate future climate scenarios, such as sea level rise, groundwater rise, and extreme heat, into open space design, planning, and management decisions to ensure ecological resilience, adaptive capacity, and equitable public access.

Policy POS 7.3 Green Streets. Encourage the use of “green streets” that incorporate native vegetation, permeable surfaces, and stormwater features to enhance habitat and reduce runoff.

Policy POS 7.4 Green Infrastructure. Support the development of rooftop gardens, vertical greenery, and other integrated green infrastructure that enhances biodiversity and reduces energy use. . .

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Implementation Programs
Chapter 5: Parks and Open Space Element 34
Implementation Programs
Number Program Lead Department
Supporting
Department(s) Timeframe
Implements
Policy(ies)
POS-a Enhance park activation and identity by reprogramming underutilized park spaces with in-demand or innovative park amenities/experiences, referencing the park-specific improvements identified in the Parks Master Plan.

Parks and Recreation Ongoing POS-1.1
POS-b As part of future park improvement and maintenance projects, support the expansion of passive amenities such as walking trails, picnic areas, and natural open spaces.

Parks and Recreation Public Works Ongoing POS-1.1
POS-c As part of future park improvement and maintenance projects, seek opportunities to increase shade in parks by planting trees and/or constructing shade structures, particularly at playgrounds and picnic areas.

Parks and Recreation Public Works Ongoing POS-1.2
POS-d Add or improve seating, lighting, water fountains/refill stations, trash receptacles, restrooms, and bike racks to all parks where needed.

Parks and Recreation Public Works Long-term POS-1.2
POS-e Explore opportunities to expand access to indoor recreation and swimming facilities by pursuing or strengthening partnerships with San Mateo-Foster City School District and private recreation providers.

Parks and Recreation Community
Development
Ongoing POS-1.3
POS-f As Foster City grows, strive to maintain the City’s existing park acreage level of service of 3.2 acres per 1,000 residents.

Parks and Recreation Community
Development
Long-term POS-1.3
POS-g Conduct a study of open space opportunity areas to assess their environmental constraints and natural assets. Use these insights to create a master plan that balances ecological restoration with expanded recreational access and amenities.

Parks and Recreation Community
Development
Short-term POS-1.3
POS-h Explore opportunities for creating a network of paths and trails that connect existing city parks, trails, and community destinations. Work cross- departmentally to implement the Bike Pedestrian Master Plan 2026.

Public Works Community
Development/Parks
and Recreation
Long-term POS-2.1
POS-i Consider additional improvements to the Levee Pedway, including distance markers, signage, and lighting, to create comfortable conditions for all trail users.

Public Works Parks and
Recreation/Commu
nity Development
Long-term POS-2.1
POS-j Explore strategies for establishing clear and consistent signage across the park and recreation system.

Parks and Recreation Long-term POS-2.2
POS-k Enhance ADA-compliant access at all parks. Parks and Recreation Public Works Long-term POS-2.3 DR
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Implementation Programs
Chapter 5: Parks and Open Space Element 35
Number Program Lead Department
Supporting
Department(s) Timeframe
Implements
Policy(ies)
POS-l Promote cross-cultural and multi-generational programming and facilities, recognizing the full diversity of Foster City residents.

Parks and Recreation Ongoing POS-2.3
POS-m Explore opportunities to enhance the integration of the design of lagoon- adjacent parks with the lagoon, providing places to view, enjoy, and access the water, including boat docking opportunities.

Parks and Recreation Long-term POS-3.1
POS-n Collaborate across departments to continue to implement the Lagoon Water Quality Management Plan and Canada Goose Population Management Plan to improve cleanliness of lagoon-adjacent parks and lagoon water quality.

Public Works Parks and
Recreation
Mid-term POS-3.2
POS-o Support land use regulatory changes to encourage public access and activation along the lagoon as part of future development.

Community
Development
Parks and
Recreation
Mid-term POS-3.2
POS-p Continue to support the use of the lagoon for community events such as regattas, performances, etc.

Parks and Recreation Community
Development
Ongoing POS-3.2
POS-q Explore opportunities to activate recreational use of the lagoon. Parks and Recreation Mid-term POS-3.2 POS-r Pursue opportunities to expand high-demand recreational programs/events that serve residents of all ages, abilities, and backgrounds.

Parks and Recreation Mid-term POS-4.1
POS-s Continue to support and expand special events that activate community parks in all seasons.

Parks and Recreation Community
Development
Ongoing POS-4.2
POS-t Complement and connect with other recreation providers and event sponsors, developing partnerships when advantageous.

Parks and Recreation Ongoing POS-4.2
POS-u Encourage the dedication of staff resources to help identify and secure funding that supports park improvements, maintenance, and recreation programming and events.

Parks and Recreation Ongoing POS-5.3
POS-v Continue to foster the provision of high-quality parks and recreation services through the strategic allocation of funds for recreation programming, park/facility maintenance, and lifecycle improvements to ensure consistent financial support for meeting accepted service levels.

Parks and Recreation Ongoing POS-5.3
POS-w Promote the use of consistent community engagement practices, such as surveys, town halls, and focus groups, to continue to gather input on evolving recreational needs and preferences.

Parks and Recreation Communications Ongoing POS-5.4
POS-x Support the identification of at least one City park or trail-adjacent open space for pilot naturalization projects that include, but are not limited to, replacement of turf or ornamental plantings with native vegetation.

Monitor for habitat use, water savings, and community reception.

Parks and Recreation Mid-term POS-6.1, POS-

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Implementation Programs
Chapter 5: Parks and Open Space Element 36
Number Program Lead Department
Supporting
Department(s) Timeframe
Implements
Policy(ies)
POS-y Explore opportunities to map and identify areas within the City’s parks and open spaces to naturalize with the aim of connecting natural areas with rewilded areas. Prioritize rewilding efforts in places where the clearest linkages for species movement between areas.

Parks and Recreation Community
Development
Long-term POS-6.2
POS-z Seek opportunities to host seasonal events in collaboration with local schools, nonprofits, or native plant societies to involve residents in habitat restoration activities and promote awareness of urban ecology.

Parks and Recreation Communications Bi-Annual POS-6.4
POS-aa Actively seek State and federal funding opportunities that support land conservation, shoreline resilience, or wetland restoration, and coordinate with regional agencies for joint applications.

Parks and Recreation Community
Development/City
Manager’s Office
Ongoing POS-7.1, POS-

7.2 POS-bb Pursue the development of a climate-resilient open space web viewer that overlays sea level rise projections, habitat corridors, and flood-prone areas and use as a tool for determining the highest impact naturalization and resilience-focused projects to prioritize.

Community
Development
City Manager’s
Office
Long-term POS-7.2
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Conservation Introduction
Chapter 8: Conservation Element 1
Conservation Introduction
Foster City, 2025.

Purpose
The Conservation Element fulfills the State’s requirements for a Conservation Element and articulates Foster City’s long-term vision for conserving and managing its natural and cultural resources. Within this, it emphasizes environmental sustainability, community well-being, and climate resilience as central to the City’s management of natural resources.

It guides stewardship of wildlife movement and connectivity and wildlife habitat, the urban forest, surface and groundwater, and historic, cultural, and tribal resources. It also supports efforts to improve air quality and reduce greenhouse gas emissions in alignment with state mandates.

This Element is organized into four primary sections: Requirements, Background, Goals and Policies, and Implementation Programs. The Requirements section outlines legal requirements for the content of this element. The Background section provides existing conditions and key conservation considerations for Foster City. The Goals and Policies section defines the City’s goals and policy direction for the conservation of natural resources. The Implementation Programs section outlines specific actions the City will take to achieve the vision set by the Goals and Policies.

Clarification of Terminology
The Conservation Element and the Parks and Open Space Element both address land and resource stewardship in Foster City, but each with a distinct purpose and emphasis:

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Conservation Introduction
Chapter 8: Conservation Element 2
While these categories differ in focus, they are deeply interconnected. Open space and parks often serve as the physical setting where conservation strategies are implemented. For example, a park may include restored habitat, and an open space corridor may function as both a scenic buffer and a wildlife pathway. Conservation provides the guiding framework that weaves these uses together, ensuring Foster City’s green spaces support not only recreation and beauty, but long-term ecological health and resilience.

Figure 1 identifies the parks and open spaces within Foster City. Figure 2 identifies protection responsibilities for each type of park, open space, and conservation area.

DRAFT
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Conservation Introduction
Chapter 8: Conservation Element 3
Figure 1 Parks and Open Spaces

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Conservation Introduction
Chapter 8: Conservation Element 4
Figure 2 Protected Areas

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Conservation Introduction
Chapter 8: Conservation Element 5
Legal Requirements
The Conservation Element of the General Plan is guided by State law, regional plans, and local priorities that collectively aim to preserve natural resources, support ecological health, and support the sustainable management of environmental systems. Key statutes and policies include the following:

California Government Code §65302(d) – Conservation Element Requirement
The primary legal foundation for the Conservation Element is Government Code §65302(d), which requires all general plans to include policies addressing the conservation, development, and use of natural resources. These include watersheds, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural systems. The statute emphasizes that policies must reflect local conditions, support long-term resource management, and be coordinated with efforts to protect air and water quality.

California Air Resources Board (CARB) and BAAQMD Guidance Statewide air quality policy is administered by the California Air Resources Board (CARB), which sets emission standards, regulates fuels and vehicles, and oversees programs aimed to reduce air pollution and greenhouse gas emissions. At the regional level, the Bay Area Air Quality Management District (BAAQMD) prepares the Clean Air Plan to reduce pollutants and greenhouse gas emissions, with an emphasis on cumulative pollution burdens in disproportionately impacted communities. The Conservation Element supports these goals by promoting land use patterns and infrastructure that reduce vehicle emissions, increase urban greening, and limit exposure to harmful pollutants, particularly near homes, schools, and other sensitive land uses.

The law directs jurisdictions to include plans and an action program in any update to address access to open space for all residents in a manner that considers social, economic, and racial equity, correlated with the environmental justice policies in the general plan, address climate resilience strategies such as flood mitigation and cooling, and to address rewilding opportunities. While most of the requirements of SB 1425 are met within the Parks and Open Space Element, many of the topics in this Element are closely related to the those covered within the Conservation Element.

Assembly Bill 1889 (2024) – Conservation Element: Wildlife and Habitat Connectivity
AB 1889 amended Government Code §65302(d), requiring jurisdictions to identify and analyze wildlife connectivity and movement corridors, and consider the impact of development on species movement and ecological resilience. Any impacts and barriers to wildlife movement are then required to be avoided, minimized, or mitigated to the extent feasible. It encourages alignment with State and regional agencies, conservation goals, and efforts in developing wildlife and habitat connectivity strategies. veve
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Conservation Introduction
Chapter 8: Conservation Element 6
Regional and Local Planning
In addition to meeting State requirements, the Conservation Element must align with several key regional and local planning efforts that support natural resource protection, habitat restoration, and climate resilience.
The Regional Water Quality Control Board (RWQCB) Basin Plans (Basin Plans) establish water quality objectives, identify beneficial uses of water bodies (such as habitat or recreation), and include strategies to control pollution and manage watershed health. These Basin Plans are legally enforceable by the RWQCB and guide stormwater discharge permitting and waterway protection at the local level.
The San Mateo County Sustainable Streets and Green Infrastructure Plan provides a framework for integrating green infrastructure—such as rain gardens, bioswales, and permeable pavements—into street design and public projects. It helps cities meet stormwater permit requirements while improving water quality, habitat, and streetscape aesthetics. OneShoreline, the San Mateo County Flood and Sea Level Rise Resiliency District, coordinates regional adaptation efforts related to sea level rise, tidal flooding, and shoreline ecosystem restoration. Its work supports integrated infrastructure projects that reduce flood risk while enhancing natural habitat.
In compliance with SB 18 (Gov. Code § 65352.3), the City contacted all California Native American tribes identified by the Native American Heritage Commission as traditionally and culturally affiliated with the area. No responses requesting consultation were received.

This regional and local framework ensures that the Conservation Element is grounded in practical, science-based strategies that address both ecological function and community well-being.

DRAFT
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Background
Chapter 8: Conservation Element 7
Background
The process for updating the Conservation Element included a comprehensive assessment of existing conditions; evaluating the city’s natural resources, habitat areas, water and air quality, and energy infrastructure; and identifying opportunities to enhance ecological health and climate resilience. In addition, the analysis evaluated future considerations on sea level rise, groundwater rise, extreme heat, and air quality, and highlighted opportunities to enhance biodiversity, carbon sequestration, and equitable access to green space. As shown in Figure 3, community outreach was conducted in coordination with the Parks Master Plan (discussed further in the Parks and Open Space Element), ensuring that the voices of residents and stakeholders guided the direction of this Element. Together, the assessment and engagement serve as the foundation for the goals and policies of the Conservation Element.

Figure 3 Community Engagement Overview
* Note: Conservation Focus Groups will be conducted in August of 2025, and number engaged subsequently added.

The public engagement process for the Conservation Element update was designed to gather input on key issues such as species preservation, habitat conservation, and water quality, while ensuring alignment with the ongoing Parks Master Plan update. A key tool in this effort was a dedicated project website that provided ongoing updates and hosted the Community Priorities Survey, which built on the Parks Master Plan survey by focusing on natural resources and conservation topics. This survey gathered valuable feedback from a diverse range of residents, with particular emphasis on underrepresented communities, helping shape policies related to biodiversity, open space access, and environmental equity. Pop-up events were also used to engage the community directly, allowing them to provide input on conservation priorities while also participating in the broader parks-related discussions.

Biological Resources
Despite its highly urbanized setting and origins as reclaimed marshland, Foster City continues to support a mosaic of natural habitats. Key ecological areas include tidal wetlands, mudflats, and the centrally located lagoon system, which together provide important habitat for migratory birds, small mammals, and aquatic species. The San Francisco Bay also borders the city to the north and east and is the largest estuary on the West Coast, supporting a rich diversity of wildlife and plant species. It provides critical habitat for migratory birds, fish nurseries, and endangered species such as the Ridgway’s rail and salt marsh harvest mouse. As shown in Figure 4, vegetation mapping has identified several habitat types within the city, including salt marsh, non-native forest, and native herbaceous communities. Notably, 21 special-status animal species and six plant species have been observed or are presumed present, DRA
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Background
Chapter 8: Conservation Element 8
including the endangered Ridgeway’s rail and salt-marsh harvest mouse, both dependent on the city’s remaining tidal marshes.

Foster City’s biological resources face ongoing challenges from habitat fragmentation, invasive species, and urban runoff. Shoreline habitats are often constrained by levees and adjacent development, limiting their ecological function and the ability of species to migrate or adapt to environmental change. These pressures are compounded by climate-related stressors such as rising sea levels and shifting precipitation patterns.

Within this complex landscape, areas along Belmont Slough, Seal Slough, and underutilized park edges offer potential for habitat restoration and rewilding. These efforts could strengthen native biodiversity, improve habitat connectivity, and help restore key ecosystem services. In addition, Foster City’s extensive park system presents a valuable resource for targeted naturalization and improved linkages between natural areas to support wildlife movement and expand urban habitat in meaningful ways.

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Background
Chapter 8: Conservation Element 9
Figure 4 Vegetation and Land Cover

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Background
Chapter 8: Conservation Element 10
Wildlife Connectivity
Wildlife movement in Foster City is shaped, and often limited, by urban infrastructure such as roads, levees, and dense development. Natural movement corridors are limited, typically confined to narrow greenways, fragmented shoreline edges, and the lagoon system. While the lagoon offers aesthetic and recreational value to residents and visitors as well as some habitat potential, its channelized design, steep edges, and proximity to human activity reduces its habitat value for many species.

Recognizing the importance of habitat connectivity, State law (AB 1889) now requires cities and counties to assess and enhance habitat connectivity for wildlife through their general plans. In Foster City, barriers to wildlife movement include:
Highway 92, which disrupts north–south continuity
Urban lighting, which interferes with the behavior of nocturnal species Recreational activity, which can fragment habitats and deter sensitive wildlife As shown in Figure 5, much of Foster City is either urban or suburban, and therefore wildlife corridors and nursery sites are not present in much of the city. Wildlife connectivity areas are fragmented, and green spaces are often landscaped for recreation rather than habitat value, reducing their ecological function. However, with strategic design and targeted improvements, these spaces can support both human and ecological needs. Enhancing shoreline habitats, planting suitable vegetation, and implementing wildlife-friendly infrastructure such as culverts or buffer zones can create pathways for wildlife movement and better contribute to a resilient and biodiverse city.

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Chapter 8: Conservation Element 11
Figure 5 Wildlife Connectivity Areas

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Chapter 8: Conservation Element 12
Coastal Resources
Foster City, 2025.

Foster City’s shoreline borders the San Francisco Bay and includes estuarine and brackish marshes, particularly near Belmont Slough and the Redwood Shores Ecological Reserve. These areas serve as vital feeding and nesting grounds for numerous bird species, including some species of special concern. The Redwood Shores Ecological Reserve, a protected 268-acre salt marsh, supports sensitive species such as the Alameda song sparrow and Ridgeway’s rail and serves as a critical ecological buffer against urban development.

Foster City has made significant investments in engineered flood protection systems, including recent upgrades to its levee system, which play a critical role in safeguarding the community from storm surge and sea level rise. These infrastructure improvements represent an essential layer of protection for residents and assets. At the same time, this flood protection infrastructure can constrain natural ecological processes and limit the inland migration of wetlands, which play a vital role in preserving local ecological integrity by providing habitat for diverse wildlife, serving as temporary resting areas for migrating species, filtering water pollutants, and offering natural flood protection. As climate change accelerates, coastal ecosystems face increasing stress from rising groundwater, saline intrusion, and greater exposure of infrastructure. The continued loss of tidal marshes would reduce habitat availability and diminish the shoreline’s natural ability to buffer wave energy and filter pollutants.

Regional planning efforts, such as those led by BCDC and OneShoreline, recognize the importance of complementing traditional infrastructure with natural systems, such as tidal marshes and mudflats, to strengthen shoreline resilience. By restoring degraded habitat and integrating nature-based features into levee design, Foster City can build on its recent investments to ensure long-term ecological and community resilience.

Climate Considerations
Climate change presents significant risks to Foster City’s biological resources. Rising temperatures, shifts in precipitation patterns, and sea level rise pose risks to habitat health, food and water availability for DRAFT
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Chapter 8: Conservation Element 13
wildlife, while potentially limiting access to necessary wildlife connectivity and migration corridors. Low- lying shoreline habitats face potential inundation in the future, which would result in the loss of critical wetlands, biodiversity corridors, and coastal buffer zones. Urban green spaces, such as parks and vegetated areas along the lagoon and coastline, can serve as important refuges and movement corridors for wildlife. However, they currently offer limited climate resilience opportunities due to sparse tree canopy and fragmented natural areas.

Adapting to climate change requires a multifaceted strategy that includes nature-based solutions such as wetland restoration, permeable surfaces, and urban forestry. These solutions can help preserve biodiversity and support species resilience, as well as other benefits such as mitigating flooding, reducing urban heat, and supporting habitat migration. In addition, the city is exploring a citywide tree canopy study, which, when paired with surface heat mapping and social vulnerability data, could guide future investments in climate-resilient green infrastructure and improve neighborhood-level adaptation strategies.

Water Resources
Foster City, 2025.

Foster City maintains a network of engineered lagoons and canals designed primarily for stormwater management, flood control, and community recreation. These water features also provide secondary habitat for birds and aquatic species and are not used for potable water supply. The city’s drinking water is entirely imported via the Estero Municipal Improvement District, supplied by the San Francisco Public Utilities Commission’s Hetch Hetchy system. While Foster City does not currently utilize local groundwater for its municipal supply, it remains vulnerable to regional groundwater-level fluctuations driven by climate change. The development of this Element included coordination with EMID, and review of and alignment with applicable water supply, water quality, and groundwater management plans.

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Chapter 8: Conservation Element 14
Water Quality
Drinking water quality in Foster City is high, with the Estero Municipal Improvement District meeting or exceeding all State and federal standards. Water is treated at regional facilities before distribution and is continuously monitored. However, water quality issues are more pronounced in the city’s lagoon system, where elevated bacteria levels, especially enterococci, have led to periodic beach closures.

These issues are largely attributed to wildlife waste, stormwater runoff, and overgrown aquatic vegetation.

To address lagoon water quality, the City has adopted a Lagoon Management Plan, emphasizing routine monitoring, vegetation control, and public education. The city also participates in regional programs to prevent stormwater pollution and maintain compliance with the San Francisco Bay Regional Water Quality Control Board. While efforts are underway, water quality in the lagoon and shoreline areas will remain a concern until planned actions for improving runoff management, enhancing ecological buffers, and managing urban wildlife populations are implemented.

Water Supply
Foster City’s water supply is entirely imported through the Hetch Hetchy system, managed by the San Francisco Public Utilities Commission. During normal years, supply is projected to be adequate through 2045. However, in single and multiple dry years, demand is projected to outpace supply, with deficits exceeding 800 million gallons annually by 2045 under drought conditions. In the event of a water shortage, the Estero Municipal Improvement District would implement its Water Shortage Contingency Plan which outlines a suite of water demand reduction measures of varying severity designed to protect health and safety, minimize economic disruption, and preserve environmental and community assets.

Nonetheless, the City is vulnerable to regional supply constraints, especially as climate change increases the frequency of dry periods.

Given this dependency, continued participation in regional conservation programs, alternative supply planning, and demand management will be essential. The Estero Municipal Improvement District’s Urban Water Management Plan identifies the need for coordinated planning with regional partners and highlights the importance of preparing for worst-case drought scenarios. While recycled water is not currently used, it presents potential opportunities to supplement current and future water supplies and serve as an emergency backup option as climate risks evolve.

Climate Considerations
Climate change poses several risks to Foster City’s water infrastructure and management systems. Rising sea levels may compromise the lagoon’s drainage function, particularly during high tides or storm events. Higher average temperatures could increase lagoon evaporation and elevate potential for harmful algal blooms. This increased potential is driven by higher concentrations of contaminants and warmer water temperatures that promote algal growth, threatening habitat quality and recreational use. Additionally, altered precipitation patterns are expected to intensify stormwater runoff, potentially degrading lagoon water quality and overwhelming existing infrastructure. Groundwater rise is also projected to threaten buried infrastructure due to rising sea levels, leading to potential seawater intrusion, and contribute to inland flooding. Although the city is not dependent on groundwater as a water source, rising water tables could affect public utilities, natural open spaces, and impact natural and landscaped vegetation.

To proactively address these risks, Foster City can continue to implement targeted adaptation strategies such as strengthening of levees, improved lagoon circulation, shoreline wetland restoration, and DRAFT
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Chapter 8: Conservation Element 15
integration of green stormwater infrastructure. Proactive monitoring of groundwater conditions, in collaboration with regional agencies, will be critical for planning for future risks. Ensuring the continued function of the lagoon as both a flood control and ecological system will be essential in the face of climate variability and sea level rise.

Air Quality
Air quality in Foster City is significantly influenced by regional emissions, increasing wildfire smoke frequency due to climate change, and local traffic. The city currently lacks comprehensive, localized air quality monitoring infrastructure to track these impacts accurately and instead relies on nearby stations for data, which may not accurately reflect localized conditions. Indoor air quality trends in public buildings are also not well-documented, leaving gaps in understanding the full scope of exposure.

Emerging challenges for air quality in Foster City include increased wildfire smoke events, rising temperatures, and cumulative pollution from nearby urban centers. High temperatures can increase the formation of ground-level ozone, while inversions can trap pollutants close to the ground, leading to increased concentrations of harmful substances. Low-cost sensor deployment, improved building ventilation systems, and cumulative exposure mapping can better assess air quality risks. Coordinated efforts with Bay Area Air Quality Management District and regional grant programs may support these actions and contribute to healthier environments for vulnerable populations.

Energy Resources
Foster City has implemented a range of initiatives that provide a strong foundation for further opportunities to reduce greenhouse gas emissions and improve energy resilience through upgrades to its parks, public buildings, and community infrastructure. Existing municipal facilities, including - community centers powered by Peninsula Clean Energy’s 100 percent carbon-free electricity program, ECO100, can further reduce electricity use and light pollution through energy efficiency upgrades like LED lighting, motion sensors, timers, and renewable-powered water management systems. In areas where conventional grid connections are costly or impractical, solar-powered lighting offers a low- maintenance, renewable solution. Energy conservation also supports broader climate and sustainability goals, particularly when paired with smart building materials and all-electric systems in future facility upgrades or new construction.

The City is also well-positioned to expand on-site renewable energy and support clean transportation infrastructure. A recent feasibility study identified municipal buildings, such as the library and forthcoming recreation center, as viable sites for photovoltaic (PV) systems. These, along with potential solar canopies over parking lots or maintenance buildings, could be paired with battery storage to improve emergency preparedness and grid reliability. Parks and civic buildings are also key locations for expanding EV charging infrastructure, particularly through public-private partnerships. Education and community engagement will play a central role in cultivating support for these initiatives, using public spaces as platforms for demonstrations, signage, and workshops that promote energy literacy and sustainable living practices.

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Chapter 8: Conservation Element 16
Engagement Results for Conservation
During the development of the Conservation Element, residents shared priorities and perspectives on the natural resources and conservation strategies for Foster City through pop-up events, focus group discussions, a workshop, and a survey. Key findings from these activities are summarized below.

Community Priorities Survey
A critical component of community input was the Community Priorities Survey conducted in June 2025 via online questionnaire. The Foster City community expressed strong support for enhancing parks, trails, and natural spaces, with a focus on comfort, connectivity, and safety. Amenities such as restrooms, shade, seating, and wildlife viewing platforms were identified as top priorities for improving trail use. The Levee Pedway is frequently used by residents, and there is significant interest in expanding trail and bike lane connections. Conservation emerged as a clear community value, with most respondents rating it as very or extremely important and voicing strong support for rewilding efforts like native habitat restoration and pollinator-friendly landscaping. While enthusiasm for rewilding was high, some concerns were raised about pests, upkeep, and potential changes to recreational spaces.

Survey participants identified key environmental concerns, including sea level rise, storm flooding, water scarcity, and poor air quality. Residents placed a high value on open spaces that offer opportunities to connect with nature, support biodiversity, provide shade, and reduce climate-related risks. The most desired improvements included more walking and biking paths, increased tree cover, and restoring natural areas with native vegetation. There was also strong support for integrating green infrastructure, such as rain gardens and wetlands, and expanding educational features and access for all ages and abilities.

The community supported a wide range of strategies to protect open space and natural resources, including stronger zoning regulations, public-private partnerships, volunteer maintenance programs, and development incentives. Residents expressed a clear desire for the Foster City Lagoon to support both active and passive recreation, along with aesthetic and community uses. In terms of climate communication, respondents wanted more information on local flood risks, sea level rise, and ways to prepare for climate impacts. Overall, the results reflect a community that values nature, recognizes the urgency of climate adaptation, and is eager to engage in shaping a more sustainable and resilient future.

Community Engagement Takeaways
Key themes emerged from the outreach and engagement process:

Support for Rewilding with Thoughtful Design
There is strong community interest in rewilding efforts that restore native habitats, support pollinators, and enhance the ecological function of parks and open spaces.
At the same time, many want these naturalized areas to be designed and maintained in ways that remain usable, safe, and visually appealing – balancing ecological goals with everyday recreation and comfort.
Concerns were raised about the potential to attract nuisance wildlife such as geese, as well as the need for clear upkeep and visibility. The feedback DRAFT
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Chapter 8: Conservation Element 17
underscores a desire for rewilding that enhances, rather than limits, the public’s experience of open space.

Naturalized and Functional Open Spaces
Community members want parks and open spaces to feel more ecologically rich while remaining comfortable and accessible, with amenities like shade, seating, and natural materials integrated into the landscape.
There is interest in expanding tree cover and using native vegetation to provide cooling, habitat value, and a more natural aesthetic across the city’s open spaces.
Some suggested that conservation-oriented spaces still need to accommodate daily use, such as keeping restrooms open longer and providing places to rest, so that naturalized areas remain welcoming and inclusive.

Concern for Climate Risks
Sea level rise, stormwater flooding, water scarcity, and declining air quality were repeatedly raised as major concerns.
Open space is seen as a critical tool for addressing climate impacts, offering functions like cooling, habitat protection, and stormwater infiltration. Community members want more communication from the City about local flood risks, sea level rise adaptation, and practical steps households can take to prepare.

Sustainable Open Space
There is strong backing for strategies like zoning protections, green infrastructure, and developer incentives that prioritize open space and ecological function.
Volunteer programs and partnerships with local organizations are viewed as effective ways to support ongoing restoration and stewardship. People value the Foster City Lagoon as a space for both active and passive recreation, and want it protected for future generations.

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Conservation Goals, Policies and Programs
Chapter 8: Conservation Element 18
Conservation Goals, Policies and Programs
Biological Resources
Goal C-1 Natural habitat is protected and restored to support native biodiversity, improve ecological function, and enhance the resilience of open spaces.

Policy C-1.1 Wildlife Habitat. Protect and enhance Foster City’s existing habitats, including tidal wetlands, mudflats, and urban forests, to support native biodiversity and ecological health.

Policy C-1.2 Habitat Protection. Promote the restoration and naturalization of degraded or underutilized areas, particularly along the shoreline and coastal trails, through native vegetation planning and habitat enhancement.

Policy C-1.3 Support Biodiversity. Implement maintenance strategies that prioritize native vegetation and manage detrimental invasive plant and animal species in natural habitat areas. Allow non-native plants only if they support aesthetics or habitat without harming biodiversity. Select vegetation that attracts desirable species and discourages those that pose nuisance or ecological risks.

Goal C-2 Ecological connections between fragmented habitats are strengthened to facilitate wildlife movement, support species adaptation, and minimize the impacts of urban development on biodiversity.

Policy C-2.1 Habitat Connectivity. Improve connectivity between fragmented parks, shoreline areas, and natural spaces to support wildlife movement through restored corridors and green infrastructure.

Policy C-2.2 Wildlife Movement Design. Incorporate wildlife-friendly infrastructure, such as underpasses, vegetated buffers, and light controls into public infrastructure and land use planning.

Policy C-2.3 Movement Mitigation. Assess and mitigate barriers to wildlife movement caused by roads, levees, and urban development.

Policy C-2.4 Connectivity Partnerships. Coordinate with regional partners, including OneShoreline, to support connectivity and flood resilience through multi-benefit projects.
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Chapter 8: Conservation Element 19
Policy C-2.5 Habitat Improvements. Identify and prioritize habitat improvements that benefit migratory species, including birds and small mammals, in accordance with AB 1889.

Goal C-3 Foster City’s natural systems are resilient to the impacts of climate change.

Policy C-3.1 Climate Conscious Shoreline Management. Integrate sea level rise, flooding, and extreme weather considerations into shoreline habitat management and restoration.

Policy C-3.2 Nature-Based Solutions. Implement nature-based solutions, such as wetland buffers and marsh migration zones, to protect both ecological and human systems.

Policy C-3.3 Ecological Transitions. Ensure conservation strategies account for sea level rise, saltwater intrusion, and climate-driven shifts in habitat type, extent, and species composition.

Goal C-4 A community-wide ethic of environmental stewardship is fostered by engaging residents, regional partners, and organizations in the protection and enhancement of local natural resources.

Policy C-4.1 Public Awareness. Increase public awareness of urban wildlife, habitat conservation, and sustainable coexistence through education and outreach.

Policy C-4.2 Community Stewardship. Encourage community participation in habitat restoration, monitoring, and stewardship activities.

Policy C-4.3 Conservation Partnerships. Partner with regional agencies, nonprofits, and academic institutions to advance conservation and resilience objectives.

Water Resources
Goal C-5 Water resources are efficiently managed to ensure a sustainable, high-quality water supply for the community while promoting conservation, reducing demands, and protecting water systems from climate change.

Policy C-5.1 Water Quality Risk Prevention. Address water quality risks associated with climate change, including warming temperatures, increased turbidity, and the potential for algal blooms in the lagoon and stormwater systems.

Policy C-5.2 Water Quality Maintenance. Support ongoing maintenance and timely replacement of aging lagoon, stormwater, and water infrastructure to protect ecological function and recreational use.

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Chapter 8: Conservation Element 20
Policy C-5.3 Pollution Reduction. Improve lagoon circulation and implement pollution control measures to maintain water quality and mitigate contamination from urban runoff and other sources.

Policy C-5.4 Water Quality Programing. Expand participation in regional water quality programs, including the San Mateo Countywide Water Pollution Prevention Program, to better manage stormwater runoff and protect the San Francisco Bay.

Policy C-5.5 Water Quality Monitoring. Incorporate regular monitoring and public reporting of water quality conditions into city operations to support data- driven decision-making and transparency.

Goal C-6 Foster City maintains a secure and sustainable water supply to support current and future community needs.

Policy C-6.1 Water Reliability. Collaborate with the San Francisco Public Utilities Commission to improve long-term water reliability, conservation strategies, and demand forecasting, especially under future drought conditions.

Policy C-6.2 Supplemental Water Supply. Encourage the Estero Municipal Improvement District (EMID) to explore alternative or supplemental water supply options and regularly update reliability assessments in response to climate trends.

Policy C-6.3 Water Neutrality. Implement and enforce the 2023 Water Neutrality Ordinance to ensure that new development and redevelopment do not increase overall water demand.

Policy C-6.4 Water Conservation. Integrate water conservation, reuse, and efficiency measures into new development, infrastructure upgrades, and public education initiatives.

Air Quality
Goal C-7 Foster City is a healthy and climate-resilient community through reduced air pollution and improved air quality.

Policy C-7.1 Land Use Alignment. Align Foster City’s land use, transportation, and development decisions with air quality thresholds and best practices established by the Bay Area Air Quality Management District (BAAQMD) and California Air Resources Board (CARB).

Policy C-7.2 Air Quality Mitigation. Incorporate air quality mitigation strategies into land use planning by requiring vegetative buffers, enhanced filtration systems, and site design strategies to reduce exposure near major transportation corridors and pollution sources.

DRAFT
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Conservation Goals, Policies and Programs
Chapter 8: Conservation Element 21
Policy C-7.3 Complete Streets. Encourage smart growth and complete streets principles that integrate air quality protection measures, such as shade trees and green infrastructure.

Policy C-7.4 VMT Reduction. Prioritize transportation and mobility improvements that reduce vehicle miles traveled (VMT) and emissions, including expansion of pedestrian, bicycle, and electric vehicle (EV) infrastructure.

Policy C-7.5 Regional Air Quality Coordination. Enhance regional coordination and compliance with BAAQMD programs and participate in local implementation of Spare the Air and other outreach initiatives.

Goal C-8 Foster City’s neighborhoods are healthy, resilient, and equitable, with clean air and access to green spaces for all residents.

Policy C-8.1 Greening Air Improvements. Expand urban greening strategies that improve air quality and reduce urban heat, including targeted tree canopy expansion and the use of vegetated buffers in high-exposure areas.

Policy C-8.2 Tree City. Pursue Tree City USA designation and adopt a citywide tree ordinance that guides planting, removal, and long-term care of public trees, with a focus on air quality and shade equity.

Policy C-8.3 Air Quality Co-Benefits. Design public parks and open spaces to maximize air quality benefits while supporting climate adaptation and equitable access to green space.

Policy C-8.4 Air Quality Engagement. Promote public awareness and engagement on air quality topics through education programs, signage, and collaboration with regional partners.

Energy Resources
Goal C-9 Foster City’s public facilities and infrastructure operate sustainably with low-energy use and resilient systems that support a clean and climate-ready future.

Policy C-9.1 Improved Energy Efficiency. Improve energy efficiency in parks, public buildings, and community centers through lighting upgrades, smart controls, and design strategies that reduce both electricity consumption and light pollution.

Policy C-9.2 Renewable Energy Expansion. Expand the use of on-site renewable energy systems, particularly photovoltaic (PV) installations and battery storage, on City-owned facilities where cost-effective.

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Conservation Goals, Policies and Programs
Chapter 8: Conservation Element 22
Policy C-9.3 EV Charging. Support the installation of electric vehicle (EV) charging stations in public parks, community centers, and City parking lots to enable a transition to clean transportation.

Policy C-9.4 Low-Carbon Construction. Promote all-electric systems and low-carbon construction practices in the design and retrofit of new municipal facilities.

Policy C-9.5 Energy Outreach. Use public spaces, such as parks, libraries, and community centers, as platforms for energy-related education, outreach, and engagement.

Policy C-9.6 Energy Efficiency in Green Infrastructure. Integrate energy efficiency and renewable energy into green infrastructure projects to enhance co- benefits for climate resilience, water conservation, and long-term cost savings.

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Implementation Programs
Chapter 8: Conservation Element 23
Implementation Programs
Number Program
Lead
Department Supporting Department(s) Timeframe
Implementing
Policy(ies)
C-a Explore opportunities for habitat restoration and naturalization within the existing parks system through the following steps:
Assess and map high-potential sites (e.g., degraded park edges, canal embankments, underutilized shoreline areas);
Integrate habitat strategies into the next Parks Master Plan update or as part of implementation actions;
Develop guidance for incorporating native habitat elements into future park renovations, new park development, and routine maintenance; and Coordinate with restoration partners, schools, and community groups for implementation and stewardship.

Community
Development
Parks and Recreation Long-term C-1.1, C-1.2,
C-1.3
C-b Seek funding for a long-term maintenance plan for restored and naturalized habitat areasthat includes seasonal invasive species removal, native plant reestablishment, irrigation reduction, and trash/debris removal. Consider pilot programs with community stewardship groups to assist with hands-on maintenance and monitoring.

Community
Development
Parks and Recreation Long-term C-1.1, C-1.2
C-c Design and introduce educational signage at key natural areas (e.g., Belmont Slough, shoreline parks) with clear, engaging content about native ecosystems, local wildlife, and restoration goals. Include multilingual content, maps, and QR codes linking to informational websites. Encourage stewardship behaviorsthrough signage, like staying on trails and avoiding disturbance of wildlife.

Parks and
Recreation
Community Development Mid-term C-1.3
C-d Continue to explore suitable levee-adjacent zones to retrofit with ecotone features that support both flood protection and habitat enhancement. Engage with OneShoreline, regional restoration partners, and permitting agencies to align with long-term sea level rise adaptation planning and pursue funding for design and implementation.

Public Works Parks and Recreation Long-term C-1.3
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Implementation Programs
Chapter 8: Conservation Element 24
Number Program
Lead
Department Supporting Department(s) Timeframe
Implementing
Policy(ies)
C-e Explore opportunities to better understand and improve ecological connectivity across the city. This may includestudying ecological connectivity and mapping of habitat patches, identifying barriers (e.g., roads, fences, lighting), and evaluating where enhancements could support multi-species movement, especially along Belmont Slough, lagoon edges, and gaps between open spaces. Where feasible, consider coordination with regional experts and agencies to assess general habitat needs and potential improvements over time.

Community
Development
Parks and Recreation Mid-term C-2.1, C-2.2,
C-2.3, C-2.5
C-f Encourage the inclusion of wildlife-supportive features into infrastructure and discretionary development projects where appropriate. These features may include safe road crossings, native vegetative buffers, wildlife-friendly fencing, down-shielded lighting, and mitigation measures for existing barriers.

Community
Development
Parks and Recreation Ongoing C-2.2, C-2.3,
C-2.5
C-g Assess local habitat mitigation opportunities (e.g., offsetting development impacts) and create a grant funding strategy targeting AB 1889, Wildlife Conservation Board, and Proposition 1 programs. Design packaged projects with detailed scopes, cost estimates, and co-benefits to enhance competitiveness for funding.

Community
Development
Parks and Recreation Mid-term C-2.1, C-2.5
C-h Coordinate with OneShoreline, San Mateo Resource Conservation District, nonprofit organizations, and research institutions on joint grant applications, technical studies, and pilot projects that advance shared conservation goals ,
consistent with this Conservation Element.

Community
Development
Parks and Recreation Long-term C-4.3
C-i Enhance the City’s water quality monitoring program to include indicators influenced by climate change, such as water temperature, turbidity, algal growth, and bacteria levels. Encourage the installation of real-time sensors at key locations in the lagoon system and stormwater outfalls, and use this data to inform water quality advisories, infrastructure upgrades, and restoration planning.

Public Works Mid-term C-5.1
C-j Consider capital improvement project phasing to minimize disruption and align with sea level rise adaptation efforts.

Public Works Parks and Recreation Long-term C-5.2
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9.2 Attachment 2 - Draft Conservation Element

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Implementation Programs
Chapter 8: Conservation Element 25
Number Program
Lead
Department Supporting Department(s) Timeframe
Implementing
Policy(ies)
C-k Continue to implement targeted strategies to reduce non-point source pollution, such as installing pet waste stations in parks, increasing street sweeping near outfalls, and adding trash capture devices in key storm drains.

Coordinate these efforts with the Integrated Adaptive Canada Goose Management Plan to reduce the impacts of the goose population on water quality. Seek to pair these efforts with a multilingual public education campaign on pollution prevention, lagoon protection, and green infrastructure.

Parks and
Recreation/Pu
blic Works
Community Development Ongoing C-5.3
C-l Support increased City participation in regional water quality initiatives, such as the San Mateo Countywide Water Pollution Prevention Program. Identify City staff to represent Foster City in interagency meetings and explore co- funding or joint implementation of stormwater retrofits.

Public Works Community Development Mid-term C-5.4
C-m Encourage the Estero Municipal Improvement District to explore use of alternative water sources such as greywater or direct potable reuseto support the city’s long-term water reliability and sustainability goals.

Public
Works/Commu
nity
Development
Long-term C-6.2
C-n Explore additional opportunities to establish partnerships with local and regional agencies and organizations to develop a public outreach campaign to increase awareness of existing water conservation programs and provide education on water conservation, targeting residents, schools, and businesses.

Public Works Community Development Long-term C-6.4
C-o Develop a set of planning and design guidelines for locating sensitive land uses (e.g., schools, senior housing) near high-traffic roadways. The guidelines should recommend best practices such as building orientation, MERV-13 or higher HVAC filtration, vegetated screening, and site layout strategies to reduce pollutant exposure. Integrate these standards into development review and environmental review processes where feasible.

Community
Development
Public Works Mid-term C-7.1, C-7.2
C-p As part of future maintenance projects, identify opportunities to install vegetative buffers, such as hedgerows, or bioswales between roads and sensitive land uses. Prioritize high-performing vegetation species suited to pollution absorption and local climatewhen installing new landscaping in these areas.

Public Works Community Development Ongoing C-7.2, C-7.3 D
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9.2 Attachment 2 - Draft Conservation Element

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Implementation Programs
Chapter 8: Conservation Element 26
Number Program
Lead
Department Supporting Department(s) Timeframe
Implementing
Policy(ies)
C-q Review and enhance the City’s Complete Streets and public realm guidelines to include stormwater planters, permeable paving, and native landscaping as standard components of street designto support air quality, active transportation, and neighborhood cooling, particularly in areas with higher pollution exposure.

Public Works Community Development Long-term C-5.1, C-5.3, C-7.3, C-7.4
C-r Support ongoing coordination with BAAQMD to ensure the City’s plans and policies generally align with regional air quality standards and emission reduction targets. Participate in updates to the Clean Air Plan and pursue grant funding to implement local air quality improvement projects.

Community
Development
Parks and Recreation/Public
Works
Annual C-7.5
C-s Conduct a tree inventory and prioritize new plantings near schools and major roads where vegetation can mitigate air quality and urban heat impacts.

Parks and
Recreation
Community Development Mid-term C-8.1, C-8.3
C-t Pursue the development of a tree ordinance that governs planting, maintenance, and removal of City-owned and potentially private trees, including a permit system, replacement ratios, and performance standards.

Align ordinance goals with air quality, climate, and equity outcomes.

Parks and
Recreation
Community Development Short-term C-8.2
C-u As part of future updates to the Climate Action Plan, update audits of energy use in existing municipal buildings to evaluate efficacy of energy conservation measures. Implement upgrades such as LED lighting, motion sensors, timers, and smart ventilation and irrigation systems in buildings, restrooms, pathways, and sports facilities.

Community
Development
Parks and Recreation/Public
Works
Mid-term C-9.1, C-9.6
C-v Advance photovoltaic installations at City-owned buildings and parking lots based on the recent feasibility study, beginning with priority sites like the Library/Community Center and planned Recreation Center. Explore solar canopies over large, pavedareas and pair installations with battery storage for emergency backup and energy cost optimization.

Community
Development
Parks and Recreation/Public
Works
Long-term C-9.2, C-9.6
C-w Identify opportunities to install EV charging stations at high-traffic public facilities such as community centers, parks, and libraries that are accessible to all residents.

Community
Development
Parks and Recreation/Public
Works
Long-term C-9.3
DR
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Parks and RecreatParks a
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9.2 Attachment 2 - Draft Conservation Element

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August 14, 2025: Joint Special Study Session Between Planning Commission & Parks and Recreation Committee

Attendees:

Planning Commission- Chair Pedro, Vice Chair Stoveland, Commissioners Haddad, Jagtiani, and Kenkre.

Parks and Recreation Committee- Chair Tiwari, Vice Chair Bindal, Secretary Baer, Committee Members Corpuz and Ryzak.

Commissioner Jagtiani had the following questions of staff:
• Does the levee count towards the 3.2 LOS?
Consultant Planner Acosta stated that the levee and hiking trails are not being counted towards the 3.2 park acreage level of services (LOS) and that only developed park space has been considered.

• Have other cities not counted their levee system into their LOS? Consultant Planner Acosta stated that there is no dictation on what can be counted as park space, and it is based on how the City views its parks and open space access.

• In terms of climate issues and groundwater rise, how does Foster City compare to other cities?
Consultant Planner Acosta stated that they looked at the mapping for potential hazards and had done an analysis on groundwater rise that projects into the next 50 years. She stated that the levee is great for helping against flooding, as long as it is well maintained. She stated that the element does have some policies around climate change and referenced the Climate Action Plan.

• Are private parks, such as in HOAs, included in the calculation on acreage? Consultant Planner Acosta stated that only public parks were accounted for.

Commissioner Kenkre asked the following questions of staff:
• What is the participation rate of the surveys and focus groups? Consultant Planner Acosta shared that the Master Plan surveys received 647 responses and the Parks and Open Space Element and Conservation Element received 92 responses.

Staff noted that the first focus group had 8 participants who represented Foster City Little League, Bocce Ball Community, Cycle Community, Peninsula Youth Soccer, CSAC, Rotary Club, and the Boarding Community and the second focus group had participants from the Sierra Club and Sustainable San Mateo County.

• Based on the Consultant’s experience working with other jurisdictions across California, have they provided their input on the needs of Foster City?

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Consultant Planner Acosta stated that they have been working alongside WRT, the consultants for the Parks Master Plan who similarly has experience working with other cities and have incorporated a lot of their experience into drafting the elements.

• How will State Laws that are still being discussed be incorporated into the elements?
Consultant Planner Acosta noted that there are currently no State Laws that would have a significant effect on the Parks and Open Space Element and Conservation Element and that they are already addressing AB1889, which has already been passed but is not currently in effect.

Commissioner Stoveland had the following questions of staff:
• Referring to POS -F under the implementation program, the City will strive to maintain its LOS of 3.2 acres per thousand residents. Will the Parks and Open Space Element conflict with the Housing Element? Should the LOS be lowered to allow room for the Housing Element?
Consultant Planner Acosta stated that they had reviewed other elements of the General Plan to make sure the elements are consistent. She stated that the Housing Element has a binding requirement to implement a plan for the number of units, whereas the Park and Open Space Element is not as binding and more so a goal for the City to strive towards. They will look further into the goal in coordination with the Parks Department.

• Referring to page 34 of the Parks and Open Space Element, how did the City come to the realization that there is no formal maintenance plan for the parks? Parks and Recreation Director Schweigart stated that they are working alongside a subconsultant, Prose Consulting, that provided a full analysis of Park’s maintenance operations. He stated that there is currently no plan that is specifically written to provide structure for the maintenance of parks.

Parks Manager Fanara stated that they had conferred with Prose Consulting and discussed the daily maintenance tasks with different sectors of the City and the parks they oversee. He stated that there are national standards that they abide by and noted that they are faster than the national average on time standards. He added that they have begun exploring the concept of a formal maintenance plan and have taken initial steps toward developing one.

Chair Pedro had the following questions of staff:
• Would it be the City’s decision to include the active levee space in the LOS? Consultant Planner Acosta stated that it is possible to show the numbers for the spaces geared towards recreational programs and the more passive open space.

• Is saltwater intrusion the type of groundwater rise being referenced?

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Consultant Planner Acosta stated that since Foster City is at sea level and is a marshland, it’ll cause the water table to rise as sea levels rise. She stated that it can contribute to saltwater intrusion and is mentioned in the assessment.

• Will the Noise Element , which was last updated in 1993, be updated in the near future?
Community Development Director Mangalam stated that they will be looking into updating the Noise Element soon.

• Will the lagoon acres be included in the park space acreage? Parks and Recreation Director Schweigart referenced their comparative benchmarking against other municipalities and that they will be taking a closer look at whether to count the lagoon towards parks or open space.

• For the Sea Cloud 2 site, has there been community engagement done to garner ideas regarding a more active use of those 21 acres?
Parks and Recreation Director Schweigart noted that the slough for Sea Cloud 2 is a sensitive land, previously used for dredging of the lagoon, and is currently being evaluated for when the next dredging occurs with the City. He stated that as part of the Parks Master Plan, they are considering whether to use Sea Cloud 2 as an undeveloped recreational amenity. He stated that they currently put the conversation on hold as it would require additional studies.

• Does dredging refer to the dumping of what has been dredged? Parks Manager Fanara confirmed that the site was previously used for dredging spoils and that it is currently a site with environmental concerns for protected bird species. He stated that there would be several factors that need to be considered when it comes to activating that area as a developed parkland.

Community Development Director Mangalam stated that the purpose of the elements was to identify the two Sea Cloud sites and can undergo more detailed studies through the Parks Master Plan.

Committee Chair Tiwari had the following questions of staff:
• Are we looking to adopt a formal and measurable standard? How should they think about the goals?
Consultant Planner Acosta stated that the element does have specific standards in it and that it would be a good direction for the City to have a set standard of parkland to strive for.

• What is the process for defining the objective numbers for acreage? Community Development Director Mangalam noted that the Parks and Open Space and Conservation Elements and Parks Master Plan are being worked on

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conjointly. The Parks Master Plan has guided most of the numbers and are meant to set goals that will provide flexibility in striving to maintain those numbers.

• Is there a balance between supporting rewilding while addressing concerns about pests, usability, and upkeep?
Consultant Planner Acosta stated that the policies in the element are more favorable to Foster City, such as looking into pollinators. She furthered that the policies addressed the Geese Management Plan and acknowledges species that are not necessarily favorable in the City.

Committee Member Bindal had the following questions of staff:
• Regarding metrics and meeting the standards, how does Foster City compare to other cities in California?
Consultant Planner Acosta stated that she does not have a quantitative answer as they did not do that particular analysis. She noted that Foster City has phenomenal resources that are being used in a sustainable way.

Parks and Recreation Director Schweigart referenced the Parks Master Plan where Foster City will be benchmarked against 10 comparable cities in the County.

He shared an example of one’s ability to have a park within a 10-minute walk from their residence as a goal and that currently nearly every part of Foster City meets that goal.

Committee Member Corpuz had the following questions of staff:
• How will we support wildlife movements while not conflicting the geese mitigation efforts?
Consultant Planner Acosta noted that the goal of supporting wildlife movement is also a fulfillment of the state requirement and that they are looking at how to balance that with Foster City’s specific environment. She stated that Rincon Consultant has a Biologist on their team that is looking at the habitat, the different species, and what tactics would be best suited for Foster City.

The following Commissioners and Committee Member s had statements and recommendations to staff:
• Commissioner Jagtiani suggested including the amount of public park acreage into the Elements.
• Commissioner Stoveland suggested removing the mention of 3.2 acreage goal in the Element and recommended including language that will avoid conflict between RHNA and the Parks Master Plan. He stated that this will allow opportunities to improve, but not at the cost of falling below RHNA.
• Committee Member Baer raised concern about not integrating the Recreation Facilities Master Plan when discussing these elements.
• Committee Member Ryzak stated that the attractiveness of the parks should be discussed alongside the technical components of the element.

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August 11, 2025, Focus Group #1
Attendees: Foster City Little League, Bocce Ball community , Cycling community , Peninsula Youth Soccer, CSAC, Rotary, Boating community

Summary of comments

• Need to consider boat access to land around Foster City - access to parks, shopping, restaurants. Foster City has a lot of boaters who like to park their boats to access community amenities.
• Parks are generally accessible to those who want to use them. • We need better lighting in most of the parks to make them safer at night. • Need better lighting at Catamaran so that youth can play soccer in the evening during the winter.
• Improved shade structures are needed at Booth Bay Park, Catamaran Park. • Gate at Catamaran Park can be problematic - needs replacing or a section that opens or both. It is good for helping to deter the geese but if a ball goes over the fence it's tough to retrieve it. Also, geese have gotten "stuck" on the park side of the fenc e ; having a section that opens would be helpful.
• Bocce Ball courts need more fencing and benches as well as shading. • Outdoor electricity can be a problem for outdoor events. Need outdoor service and ability to plug in multiple appliances (such as coffeemakers). • There is a lack of indoor recreation facilities in FC. The ones that exist require too much coordination. Would like space for indoor basketball, volleyball, events. • Goose poop is a problem getting to the track (Catamaran); a pathway could help to avoid stepping on goose poop.
• Groups will be happy to help with educational events (Peninsula Youth Soccer). • Peninsula Youth Soccer provides incentives to their coaches to get to the fields early to clean up goose poop.
• Could the City build indoor space (other than the Rec Center) at one of the parks? • If steps down to the water are still being considered for the amphitheater location, please be sure to consider safety, liability, especially during amphitheater events.

August 13, 2025, Focus Group #2

Attendees: Susan Lessin, Sierra Club Loma Prieta Chapter and Mollie Carter, Sustainable San Mateo County.

Summary of comments

The reports were well done. Maps were helpful. The following issues and areas of interest were raised by attendees:

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• Tree canopy - Foster City has one of the lowest tree canopy percentages in the region; adding details on natural plants and drought resistant plants would be helpful for this section. San Mateo has a Green Streets program that might be worth reviewing. • Coastal Flooding - Foster City has the highest risk of coastal flooding in San Mateo County.
• Air Quality - FC is on the high end of the spectrum with a score of 2.5 for particulate matter.
• EV Charging - need more focus on multi-family and public charging access; the County as a whole is lacking in access. Sustainable SMC wants to support FC's efforts to add more charging opportunities. Could the City offer incentives for installation of mult i- family charging stations?
• Didn't see electrification of municipal buildings in the draft element. Della explained that much of this is covered in the CAP .
• OneShoreline is the most important entity with respect to addressing sea level rise; there may be concepts in their Ideas Bank that.t could be applied. Also, OneShoreline could be helpful with a range of other issues associated with sea level rise in addition to levees.
• Geese management - didn't see the plan referenced.
• Last mile, electrification, EVs, EV chargers were all mentioned in the CAP. It might be helpful to include a bit more on these issues in the Element. • Vertical levees vs. horizontal levees: vertical levees lead to rising groundwater, subsidence.
• Bird boxes - has FC considered them?
• Water Qualify - The Sierra Club is hoping that data on water quality will be included in quarterly reports on geese management. E -coli is an issue that needs to be addressed because it limits access to the water.
• Goose feces - The Sierra Club would like to see a more aggressive plan for picking up goose feces and is concerned that spraying feces with water will have a negative effect on water quality.
• Sea level rise - The Sierra Club is supportive of a regional approach (mentioned by Councilmembers Kiesel and Sullivan).
• Regional approach to issues - there is a need for coordinating with other jurisdictions, such as Belmont, Redwood City, and San Mateo regarding geese; there might be additional opportunities for cross-collaboration through county committees and groups such as CCAG and for transportation. Attendees acknowledged that FC has limitations due to not being on a Caltrain line. Is there additional funding through CCAG for shuttles? Is there any additional talk of a ferry line from Foster City? Last mile issue comes into play. The Sierra Club is against hovercrafts due to the pollution they cause. • Rewilding - balancing act for built out environments. Coyotes create problems for walkers as well as the geese. The coyotes are very used to people and don't run off.

There is good signage about coyotes in Foster City; used to have signs regarding feral cats.
• Bicycle paths - Most paths are on streets; designated pathways for bicycles would be helpful - see San Mateo's Green Streets program and Menlo Park.

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Other questions
• Recreation Center - is it going to be solar-powered? The Sierra Club recommends no gas and solar powering of the building. They asked if weou could explore getting a grant from Peninsula Clean Energy to get on a micro-grid so Foster City's Rec Center is not dependent on PG&E in the event of an outage since the facility will likely be used for an emergency center/shelter in an emergency. Noted t hat Burlingame's new community center used the same architect as the Rec Center. The Burlingame center is a very good model.
• How often is water quality tested?

Other issues raised
• The pictures included for the new community center include people engaging with and accessing the water. Ties into water quality testing and plans. • The Sierra Club's CAP committee sent a letter to FC regarding the CAP.

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1 Sofia Mangalam
From: Nilofer Motiwala <[email protected]>
Sent: Wednesday, August 13, 2025 8:05 PM
To: Nori Jabba; Becki Hanan; Foster City Planning Department Subject: Parks master plan comments
Thank you Nori for presenting the Parks Master Plan and Open Space and Conservation Plan.

Below are some comments :
1) bathrooms - would be great for all park and city bathrooms be stocked with products for menstruation (sanitary pads and tampons)

2) make cleanup kits accessible - right now clean up kits (both trash and goose poop) have to be checked out. If these (especially the goose poop cleanup kit) are made available at the park, it will increase participation and be a great activity for sports team to incorporate into their practices and involve the students

3) water refill stations - we need more water refill stations and need the new style water fountains to refill water bottles

Thank you,
Nilofer Motiwala

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1 Sofia Mangalam
From: Evan Adams <[email protected]>
Sent: Monday, August 18, 2025 2:53 PM
To: Foster City Planning Department
Subject: Re: Public Comments on Draft Parks and Open Space Element Also "Canadian Geese population" is incorrect. It is Canada Geese not Canadian.

----------------------------
Evan Adams
Foster City CA
cell: 415-269-5850
email: [email protected]

On Mon, Aug 18, 2025, 2:24 PM Evan Adams <[email protected]> wrote:

Please find herewith my Comments on the Draft Parks and Open Space Element:

 Page 6: At the end of the Open space paragraph “the lagoon … has some ecological value” in the first sentence of the next section Water Bodies “The Foster City Lagoon is a major recreational and ecological feature” These two statements would appear to be in conflict. Perhaps break the sentence up to make cleat that “The Foster City Lagoon is a major recreational feature. The lagoon is also an ecological feature.” This would make it in sync with the prior statement of “some”.  Page 6: “The lagoon covers approximately 218 acres” It would perhaps also be helpful in planning o also state the acre feet of water in the lagoon. Or, perhaps specify it is surface area acres not a reference to volume.
 “Poor water quality and an abundant Canadian Geese population” … the water quality in the lagoon has been tied to the avian DNA not goose DNA specifically. The prior consultants did state in the city council meeting that the water circulation study was not done and that the geographic source of DNA (not species/animal) can’t be tied to any location: https://fostercity.new.swagit.com/videos/207521?ts=5393 Further staff stated that water quality in OTHER parts of the lagoon, outside of beach areas, “resembles normal bay water”. This is an important distinction.
 Page 8: As a new dad it would be helpful to specify playgrounds by age. Foster City has some playgrounds that are for ages 5+ (e.g. sea cloud and catamaran) and some that are for ages 3+ (e.g. Port Royal, Farragut) this could easily be added to the inventory and to the city list online with a simple addition of “Playground (5+)” for playgrounds. This would be helpful because what Foster City lacks is ANY playgrounds for 2+ such as San Mateo has at Laurie Meadows. The physical needs of a 2+ vs 3+ vs 5+ structure are significant. Showing this would be helpful for future playground planning. o Further, if you look at the standard cited later in the report, the 2025 National Recreation and Parks Association Agency Performance Review https://www.nrpa.org/publications-research/research- papers/agency-performance-review/ breaks down playgrounds by “Tot Lots (2-5), Playgrounds (for ages 5-12), Playgrounds w/inclusive structures”.
 Page 9: Foster City has removed any lot APN’s East of the Bay Trail from the Foster City Land Use and Zoning Map:
https://fostercity.maps.arcgis.com/apps/webappviewer/index.html?id=e34316ba2a5743d58e16a773be 73b07c
o The land use for the privately owned APN’s of 096-170-180 — BEACH PARK BLVD & 094-111-040 — FOSTER CITY should NOT be designated Open Space or Wet Lands without the appropriate land

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2 use change of those properties and consent of the owner(s) of those privately owned properties.

Foster City needs to put those APN’s back on the zoning and land use maps. o This land use was NOT open / park / wetlands in prior city maps and no official Public action has been taken to change the land use of those APN’s.

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3 

9.2 Attachment 3 - Feedback on draft Elements

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4  Page 12: There is an existing sand volleyball court at Boothbay. If one additional court is needed it should be noted as additional, because there is at least one already and it is noted as existing later in the draft.

Note: the original community center / parks master plan for Leo Ryan Park (ref: Historical Society Copy) did have a plan for two volleyball courts at the rec center that was never achieved along with pool/aquatic amenities also never achieved. To that end please see the 2025 National Recreation and Parks Association Agency Performance Review https://www.nrpa.org/publications-research/research-papers/agency- performance-review/ which lists such outdoor amenities like Swimming Pools higher than Pickleball or Volleyball or Fitness Zones. In fact, on that list (image below) Foster City has everyone of the top amenities except for Swimming Pools. Further on page 18 a swimming pool ranked 4th in community outreach. o

 Page 13-14: Further adding further shade trees and “tightening up” park design to constrain the space will also help with the geese and therefore water quality. Note the low prevalence of geese at space constrained parks that still have shade such as Ketch Park which does not have almost any geese issues.

 Page 17: The golf course could be legally downzoned to Park Space to preserve the Golf/Park/Recreation space indefinitely.

 Page 22: Staffing Levels could be quantified / footnoted / referenced as the best practice benchmark.

Standards referenced should be stated. It does no good to say something is low without knowing where that statement comes from. What is the barrier to “fall short” as is stated. Elsewhere in the report the NRPA standards are referenced. Here again from the NRPA this might be a good standard to define “falling short”:

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5 o

o Page 26-27. CoSMoS 2025 maps are based on NOAA maps which are based on FEMA data from BEFORE completion of the levee. I believe 2022 was the last data. Please use current data. While CoSMoS maps might be easy to import, their source data is likely pre-FC levee completion.

o Page 29, again this is CoSMoS. Please reference the data set used to ensure it is current and state the range. For Example +/- 5’ will make a tremendous difference. I do not believe the map is correct for the San Mateo areas and therefore do not believe the Foster City Data is correct. Ask Council Members if their districts are already subject to Marine Inundation. ----------------------------
Evan Adams
Foster City CA

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DATE: September 2, 2025

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

FROM: Andrew Brozyna, Public Works Director
Zaheed Danish, Maintenance Manager
Yelena Cappello, Management Analyst
DEPARTMENT: Public Works
SUBJECT: AMENDMENT TO THE 2021 AMENDED AND RESTATED

WATER SUPPLY AGREEMENT BETWEEN THE CITY AND

COUNTY OF SAN FRANCISCO AND WHOLESALE

CUSTOMERS IN ALAMEDA COUNTY, SAN MATEO COUNTY,
AND SANTA CLARA COUNTY AND UPDATED TIER 2

DROUGHT RESPONSE IMPLEMENTATION PLAN

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

1. Adopt the attached resolution amending the 2021 Amended and Restated Water Supply Agreement Between the City and County of San Francisco Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County (WSA), approving those revisions to be incorporated into a revised WSA dated as of 2025, and authorizing President to execute such Agreement when final execution copies are prepared and distributed by Bay Area Water Supply and Conservation Agency (BAWSCA); and

2. Adopt the attached resolution approving the Tier 2 Drought Response Implementation Plan.

EXECUTIVE SUMMARY

10.1 10.1 Staff Report

188

The resolutions presented for approval include two items – 1) the Amendment to the 2021 Amended and Restated Water Supply Agreement between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County and Santa Clara County (WSA). Estero Municipal Improvement District is one of the 26 Wholesale Customers under the WSA; and 2) the updated Drought Response Implementation Plan (Tier 2 Plan).
1) The amendment addresses three key areas:
a. Minimum Purchase Requirements: Modifies Minimum Purchase requirements to align with evolving water supply conditions. The Minimum Purchase requirements do not apply to EMID. Agencies who have a minimum purchase requirement must pay for a minimum quantity of water, regardless of whether it is used by their customers. This change may result in a minor cost increase to customers – estimated at $.007 to $.04 per CCF – shared among San Francisco Public Utilities Commission (SFPUC)’s Wholesale and Retail customers. EMID may benefit from this modification because agencies with decreased minimum purchase requirements and associated fees may instead divert funds into the development of alternative water supply, thereby increasing the overall water availability and reliability in the region. b. Tier 1 Water Shortage Allocation Plan (Tier 1 Plan): Establishes a new method for considering collective Wholesale Customer SFPUC purchases when determining how excess use charges will be applied. This change is expected to be beneficial to EMID and the Wholesale Customers. If an agency exceeds its drought allocation, but overall, the wholesale usage remains below limits, the agency or agencies that exceeded the allocation will avoid excess use fees.
c. Updates: Revisions to address discrete issues that arose over the course of implementing the WSA. These updates are generally administrative and are not expected to have a financial or resource impact.
2) The updated Tier 2 Plan provides the method for allocating water from the San Francisco Regional Water System (RWS) among the Wholesale Customers during periods of shortage caused by drought. This update represents a relatively minor adjustment for EMID. For example, in a 15% average cutback on water allocation from San Francisco to Wholesale Customers, EMID’s cutback would be about 17% in the updated Tier 2 plan and was about 16% in the previous Plan. In accordance with EMID’s existing Water Shortage Contingency Plan, this will not represent a change to customer restrictions.

BACKGROUND
Water Supply Agreement History

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In June 2009, EMID entered into a WSA with the City and County of San Francisco1 (San Francisco) and Wholesale Customers in Alameda County, San Mateo County and Santa Clara County (2009 WSA). The 2009 WSA establishes the terms by which the twenty-six Wholesale Customers (including EMID) purchase water from the RWS. The 2009 WSA builds upon the 1984 "Settlement Agreement and Master Water Sales Contract between the City and County of San Francisco and Certain Suburban Purchasers in San Mateo County, Santa Clara County and Alameda County." In September 2017, BAWSCA and the Water Management Representatives (WMR) of the BAWSCA member agencies began reviewing the issue of Minimum Purchase Requirements, as described in Section 3.07.C of the WSA, and discussing the creation of a process to transfer minimum annual purchase quantities among the Wholesale Customers. Throughout 2017 and 2018, the WMR held multiple meetings during which the agencies currently subject to Minimum Purchase Requirements (Original Minimum Purchase Customers) and the other Wholesale Customers shared their interests and concerns regarding changes to the Minimum Purchase Requirements and allowing transfers of minimum annual purchase quantities. While EMID is a “Wholesale Customer” under the WSA, the “Original Minimum Purchase Customers” are limited to the Alameda County Water District, and the cities of Milpitas, Mountain View, and Sunnyvale.

In 2019, EMID approved the 2018 Amended and Restated WSA (2018 WSA), at which time the Wholesale Customers expressed a collective interest in working together to develop a process for the expedited and permanent transfer of minimum annual purchase quantities. The Wholesale Customers directed BAWSCA to facilitate negotiation of a new WSA amendment to provide a procedure for expedited and permanent transfers of minimum annual purchase quantities in a manner that safeguards the financial and water supply interests of Wholesale Customers not participating in such transfers. This amendment was memorialized in the 2021 Amended and Restated WSA (2021 WSA).

Tier 2 Plan Negotiations and Development of Minimum Purchase Quantity Reset Proposal The WSA authorizes the Wholesale Customers to adopt a methodology for allocating the water collectively available from the RWS among the twenty-six Wholesale Customers during system-wide shortages caused by drought (the Tier 2 Plan). San Francisco is not a party to the Tier 2 Plan. The existing Tier 2 Plan was adopted in 2011 and was originally set to expire in 2018. In 2018, the California State Legislature passed two bills to implement a long-term framework for water use efficiency, commonly referred to as, “Making Water Conservation a California Way of Life.” These bills were anticipated to impact urban water use, and the extent of those impacts to the Wholesale Customers was unknown at the time. As such, the WMR instructed BAWSCA to hold off on initiating an update to the existing Tier 2 Plan. In 2018, and 1 City and County of San Francisco (San Francisco) refers to San Francisco as a party to the agreement. San Francisco Public Utilities Commission (SFPUC) refers to the department that operates the Regional Water System.

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every year since, the BAWSCA Board of Directors (BAWSCA Board) has extended the term of the exiting Tier 2 Plan by one year. In 2024, the BAWSCA Board extended the term of the existing Tier 2 Plan through the end of 2025 and specified that the existing Tier 2 Plan will be superseded by an updated Tier 2 Plan once unanimously adopted by the twenty-six Wholesale Customers.

In January 2021, BAWSCA began facilitating an update to the Tier 2 Plan. Each Wholesale Customer appointed a lead negotiator to represent the interests of its agency in the negotiations. Between January 2022 and June 2024, BAWSCA and the lead negotiators, supported by a consulting firm providing technical and modeling expertise, met at least 62 times, most often for half-day, in-person meetings and smaller virtual sub-group sessions, to negotiate the terms of the updated Tier 2 Plan.

In November 2021, San Francisco declared a water shortage emergency in response to the Governor’s executive action declaring a drought state of emergency across most of California. This action triggered implementation of the Tier 1 and Tier 2 Plans by BAWSCA and San Francisco for the first time.

Throughout the two and a half years of Tier 2 Plan negotiations, the Wholesale Customers gained insight into unique characteristics of each agency and specific challenges related to water supplies and droughts. During these discussions, Wholesale Customers subject to the Minimum Purchase requirements (Minimum Purchase Customers) articulated the unique challenges that the Minimum Purchase Requirements present.

In June 2023, following several years of discussions regarding the Minimum Purchase Requirements, the SFPUC proposed amending the 2021 WSA to reset the existing minimum annual purchase quantities to align with current water consumption trends, while protecting investment in the RWS. For the remainder of 2023, the SFPUC, the Original Minimum Purchase Customers, and BAWSCA held multiple meetings to identify amendments that would address challenges related to the Minimum Purchase Requirements. Once the SFPUC and the Original Minimum Purchase Customers finalized their recommended amendments to the Minimum Purchase Requirements, the Original Minimum Purchase Customers presented the proposals to the broader Wholesale Customers’ group to secure their support. Negotiations among the Wholesale Customers were concluded in Fall 2024.

In June 2024, the lead negotiators concluded negotiations on the updated Tier 2 Plan.

The agency representatives collectively agreed that they were ready to recommend the Tier 2 Plan to their governing boards for adoption.

ANALYSIS
Summary of WSA Amendments

1. Minimum Purchase Requirements

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Existing Section 3.07 of the 2021 WSA provides that four Wholesale Customers (Alameda County Water District and the Cities of Milpitas, Mountain View, and Sunnyvale, collectively, the “Original Minimum Purchase Customers”) may purchase water from sources other than from San Francisco, but they are each obligated to purchase a specific minimum annual quantity of water from the San Francisco, referred to as a “Minimum Purchase Requirement." If a Minimum Purchase Customer does not meet its Minimum Purchase Requirement in a particular fiscal year, it must pay San Francisco for the difference between its metered water purchases during the fiscal year, and its minimum annual purchase quantity set forth in Attachment E of the 2021 WSA.

It is assumed that the Minimum Purchase Requirements were originally designed to prevent four specific multi-source agencies from shifting from the RWS to other imported water sources. However, changed conditions, including recurring droughts, improved water use efficiency, and investments in local supplies have reduced demand on the RWS. Despite these improvements, the RWS remains vulnerable to severe droughts, prompting the SFPUC to invest in alternative water supplies. The Minimum Purchase Customers are well-positioned to develop their own local, drought-resilient supplies, which would reduce the regional dry-year supply gap, improving reliability of the RWS for all users. These amendments may reduce a perceived existing disincentive to improve efficiency and develop alternative supplies, thereby increasing the overall water availability and reliability in the region. This change may result in a minor cost increase to customers – estimated at $.007 to $.04 per CCF – shared among SFPUC’s Wholesale and Retail customers. This minor cost would not be expected to trigger a rate adjustment for EMID customers.

1.1.Reduction of Minimum Annual Purchase Quantities (MPQ) MPQs set in the 1984 Settlement Agreement and Master Water Sales Contract (1984 Contract) were calculated based on 80% of each of the four Original Minimum Purchase Customer’s purchases from the RWS in the 1980s. The MPQs were later reduced by 5% as part of the 2009 WSA. Upon adoption of this amendment, the minimum annual purchase quantities of the Original Minimum Purchase Customers will be reset to 80% of each of the Minimum Purchase Customer’s average purchases from the most recent four non-drought years and the amendment will establish a continuing, periodic review of the minimum annual purchase quantities on a 10-year schedule.

1.2.Rebound Year Minimum Annual Purchase Quantity
Existing Section 3.07.C of the 2021 WSA provides that Minimum Purchase Requirements will be waived during drought, other period of water shortage on the RWS, or if the Governor declares a state of emergency that impacts water supply use or deliveries from the RWS. Minimum Purchase Requirements are reinstated in the first year immediately following a drought. However, water use does not rebound to pre-drought levels for several years, depending on the level of conservation achieved.

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The amendment provides a temporary, one-year reduction in the minimum annual purchase quantities equal to half of the demand reduction from pre- drought levels to allow for drought rebound. For example, if a Minimum Purchase Customer’s pre-drought use and minimum annual purchase quantity are 10 million gallons per day (MGD) and drought RWS purchases are 8 MGD, the Rebound Year minimum annual purchase quantity will be set at 9 MGD.

1.3.Collective Minimum Annual Purchase Quantities Considered Before Application of Imputed Sales
Existing Section 3.07 of the 2021 WSA provides that if a Minimum Purchase Customer does not meet its Minimum Purchase Requirement in a particular fiscal year, it must pay the SFPUC for the difference between its metered water purchases during the fiscal year and its minimum annual purchase quantity.

This amendment provides that the collective purchases from Original Minimum Purchase Customers will be considered together before an individual Original Minimum Purchase Customer is required to pay the difference between its metered water purchases and its Minimum Purchase Requirement. If collective purchases are more than the sum of minimum annual purchase quantities, payments to the SFPUC for an Original Minimum Purchase Customer(s) who did not meet its Minimum Purchase Requirement will not be required. If collective purchases are less than the sum of minimum annual purchase quantities, payments to the SFPUC for an Original Minimum Purchase Customer(s) who did not meet its Minimum Purchase Requirement will be proportionate to its share of total under usage.

2. Tier 1 Water Shortage Allocation Plan
The Tier 1 Water Shortage Allocation Plan (“Tier 1 Plan” included as Attachment H of the WSA) is the method and process for allocating water from the RWS between San Francisco retail customers and the Wholesale Customers collectively during system- wide shortages caused by drought of 20% or less. Section 3.11.C.3 of the WSA provides that the SFPUC will honor allocations of water among the Wholesale Customers (“Tier 2 Allocations”) provided by BAWSCA or if unanimously agreed to by all Wholesale Customers.

When the SFPUC declares a shortage emergency, it determines whether voluntary or mandatory rationing is required. At the end of the 12-month drought period, each Wholesale Customer’s purchases from the RWS are compared to their annual drought allocation. Excess use charges are only applied during mandatory rationing periods.

During Tier 2 Plan negotiations, BAWSCA, the SFPUC, and the Wholesale Customers agreed to update the Tier 1 Plan to add a new “Tier 1 Family Plan.” The new Tier 1 Family Plan ensures that excess use charges are only applied when the collective

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Wholesale Customer usage exceeds the Tier 1 allocation. If this occurs, excess use charges will be proportionally applied to agencies that exceeded their individual Tier 2 Allocations.

For example, if the twenty-six Wholesale Customers collectively exceed the Tier 1 allocation by 2 MGD, and only two agencies exceed their Tier 2 Allocations by 3 MGD each, then these two agencies will share the excess use charges proportionally.

3. General Updates to the WSA
Sections 2.03, 3.09, 9.07, and Attachment A, Definitions of “Imputed Sales” and “Level of Service Goals and Objectives” have been updated with current cross references, dates and corrections.

Summary of Tier 2 Plan
Since the existing Tier 2 Plan was adopted in 2011, conditions impacting water use have changed (e.g., water supply sources, water use trends, land use, and customer base). During the 2021 to 2023 drought, the Tier 1 and Tier 2 Plans were implemented for the first time. At that time, it became clear that the existing Tier 2 Plan no longer operated as originally intended and that an update was necessary.

The updated Tier 2 Plan maintains many of the key elements of the existing Tier 2 Plan, such as a rolling base period that captures service area growth over time and inclusion of Individual Supply Guarantee (ISG), but it also provides necessary updates to ensure a minimum supply of RWS water for base/indoor use for the portion of each service area where RWS is delivered. The updated Tier 2 Plan represents a relatively minor adjustment for EMID. For example, in a 15% average cutback on water allocation from San Francisco to Wholesale Customers, EMID’s cutback would be about 17% in the updated Tier 2 plan, and was about 16% in the previous Plan. In accordance with EMID’s existing Water Shortage Contingency Plan, this will not represent a change to customer restrictions.

Tier 2 Plan Policy Principles
The Wholesale Customers collectively developed four policy principles to guide the development and performance of the updated Tier 2 Plan. These policy principles are outlined below.
Policy Principle #1 - Provide sufficient water for the basic health and safety needs of customers.
Policy Principle #2 - Minimize economic and other adverse impacts of water shortages on customers and the BAWSCA region.

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Policy Principle #3 - Provide predictability of drought allocations through consistent and predetermined rules for calculation, while allowing for flexibility to respond to unforeseen circumstances.
Policy Principle #4 - Recognize benefits of, and avoid disincentives for, water use efficiency and development of alternative water supply projects.

Tier 2 Plan Allocation Formula
The updated Tier 2 Plan establishes a sequential allocation formula to determine how the available water from the RWS will be allocated among the individual Wholesale Customers. The allocation formula can generally be described as follows:
The Minimum and Maximum Cutback establish the upper and lower bounds for each Wholesale Customer’s final allocation. The Minimum Cutback is equal to 1/3 of the Overall Average Wholesale Customer Reduction, but no less than 5%.

The Maximum Cutback is equal to 1.5 times the Overall Average Wholesale Customer Reduction.
Each Wholesale Customer is allocated water on a residential per capita basis based on the State Indoor Water Use Efficiency Standard3 and the portion of each Wholesale Customer’s water demand met by the RWS.
Each Wholesale Customer is allocated water based on its estimated non- residential indoor use by applying a cutback factor equal to half of the Overall Average Wholesale Customer Reduction to each Wholesale Customer’s estimated non-residential indoor demand, also known as Base Period purchase, from the RWS.
Each Wholesale Customer is allocated water based on its estimated seasonal purchases from the RWS.
Remaining water is allocated to bring each Wholesale Customer’s final allocation as close to its “Target Allocation” as possible, while ensuring that each Wholesale Customer’s final allocation is between the Minimum and Maximum Cutback bounds. The Target Allocation is based on a weighted share of (1) the Wholesale Customer’s Base Period purchases from the RWS and (2) its ISG.

Tier 2 Plan Term
The term of the updated Tier 2 Plan is coordinated with the term of the WSA to avoid simultaneous renegotiation of these related agreements. 3 SB 1157 (Hertzberg), signed into law in September 2022, established the standard for efficient indoor residential water use be 47 gallons per capita per day, lowering to 42 GPCD in 2030.

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CEQA
The WSA Amendment and Tier 2 Plan are not a "project" for the purposes of CEQA as both involve an administrative activity that does not result in a direct change to the environment (see 14 CCR Section 15378(b)(5)) and would not result in a direct or reasonably foreseeable indirect physical change in the environment (see 14 CCR Section 15060(c)(2)). In the event the WSA Amendment and Tier 2 Plan are considered a "project," both would be subject to the categorical exemption for operation, repair, and maintenance of existing facilities (see 14 CCR Section 15301) and the amendment does not implicate substantial changes that involve a new significant environmental effect (see 14 CCR Section 15162(a)).

FISCAL IMPACT
The WSA amendment may result in a minor cost increase to customers – estimated at $.007 to $.04 per CCF – shared among SFPUC’s wholesale and retain customers. For example, the average single-family home uses approximately 8ccf a month, so this cost may represent about a 6 cent to 35 cent monthly increase for the average bill. This minor cost would not be expected to trigger a rate adjustment for EMID customers.

There is no cost associated with the resolution updating the Tier 2 Drought Response Implementation Plan.

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

ATTACHMENTS
Attachment 1 – Resolution Approving Water Supply Agreement (WSA) Amendments Attachment 1a – Redline of WSA Amendment (Exhibit A)
Attachment 1b – Clean WSA Amendment
Attachment 2 – Resolution Approving Updated Tier 2 Drought Response Implementation Plan
Attachment 2a – Tier 2 Drought Response Implementation Plan (Exhibit A)

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RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT APPROVING AN AMENDMENT TO THE 2021 AMENDED

AND RESTATED WATER SUPPLY AGREEMENT BETWEEN THE CITY AND

COUNTY OF SAN FRANCISCO AND WHOLESALE CUSTOMERS IN ALAMEDA

COUNTY, SAN MATEO COUNTY, AND SANTA CLARA COUNTY AND FINDING THE

AMENDMENT EXEMPT FROM REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) 15378(b)(5), 15060(c)(2), 15301, AND 15162(a)

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, water supply agencies in Alameda, San Mateo, and Santa Clara Counties have purchased water from the City and County of San Francisco (San Francisco) for many years; and; and
WHEREAS, the San Francisco Public Utilities Commission (SFPUC) operates the Regional Water System, which delivers water to communities in Alameda, San Mateo, and Santa Clara Counties, as well as to customers within San Francisco (collectively, “the Parties”); and
WHEREAS, the Parties entered into the “Settlement Agreement and Master Water Sales Contract between the City and County of San Francisco and Certain Suburban Purchasers in San Mateo County, Santa Clara County and Alameda County” in 1984 (1984 Settlement Agreement and Master Water Sales Contract.; and WHEREAS, in April 2003, water supply agencies in Alameda, San Mateo and Santa Clara Counties (collectively referred to as the Wholesale Customers) established the Bay Area Water Supply and Conservation Agency (BAWSCA), as authorized by Water Code Sections 81300 et seq.; and
WHEREAS, upon expiration of the 1984 Settlement Agreement and Master Water Sales Contract, the Parties entered into the “Water Supply Agreement between San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County” (Water Supply Agreement or WSA) on July 1, 2009, authorized by SFPUC Resolution No. 09-0069, dated April 28, 2009, and WHEREAS, in 2017, the Wholesale Customers directed BAWSCA to act as its authorized representative in discussions and negotiations with San Francisco to amend the Water Supply Agreement to address a number of substantive issues and these negotiations resulted in the Parties' adoption of the Amended and Restated Water Supply Agreement in 2018 authorized by SFPUC Resolution No. 18-0212, dated December 11, 2018; and
WHEREAS, on March 4, 2019, the EMID Board approved the Amended and

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Restated Water Supply Agreement (2018 WSA) by EMID Resolution No. 3464; and WHEREAS, pursuant to WSA Section 3.07, four Wholesale Customers (Alameda County Water District and the Cities of Milpitas, Mountain View, and Sunnyvale, collectively, the “Original Minimum Purchase Customers”) may purchase water from sources other than the SFPUC, but they are each obligated to purchase a specific minimum annual quantity of water from the SFPUC, referred to as a “Minimum Purchase Requirement;” and
WHEREAS, historically, if a Minimum Purchase Customer does not meet its Minimum Purchase Requirement in a particular fiscal year, it must pay the SFPUC for the difference between its metered water purchases during the fiscal year and its minimum annual purchase quantity set forth in WSA Attachment E; and WHEREAS, some Original Minimum Purchase Customers pay the SFPUC for water that is not delivered due to either insufficient potable demand within their service area or conservation efforts during drought rationing; and WHEREAS, as part of the 2018 negotiations, the Wholesale Customers and the SFPUC resolved to work promptly to identify a resolution to this as part of a future contract amendment; and
WHEREAS, in 2019, the Wholesale Customers directed BAWSCA to draft a proposed amendment to the 2018 WSA to provide a procedure for expedited and permanent transfers of minimum annual purchase quantities that safeguards the financial and water supply interests of Wholesale Customers not participating in such transfers and these negotiations resulted in the Parties' adoption of the Amended and Restated Water Supply Agreement in 2021, authorized by SFPUC Resolution No. 21- 009, dated January 26, 2021; and
WHEREAS, on April 4, 2022, the EMID Board approved the Amended and Restated Water Supply Agreement (2021 WSA) by EMID Resolution No. 3638; and WHEREAS, the 2021 WSA provided a significant, but incomplete solution to address the Original Minimum Purchase Customer’s concerns with the minimum purchase quantities through a transfer process; and
WHEREAS, 2021 WSA Section 3.11.C. provides that the SFPUC may reduce the amount of water available to the Wholesale Customers in response to a drought; and
WHEREAS, 2021 WSA Section 3.11.C. provides that the Tier 1 Shortage Plan (Attachment H to the WSA) will be used, during system-wide shortages of 20% or less, to allocate water from the Regional Water System between Retail and Wholesale Customers ; and
WHEREAS, 2021 WSA Section 3.11.C. further provides that the SFPUC will honor allocations of water among the Wholesale Customers (Tier 2 Allocations)

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unanimously agreed to by all Wholesale Customers or provided by BAWSCA; and WHEREAS, in 2021, the SFPUC and BAWSCA implemented the Tier 1 and Tier 2 Plans for the first time; and
WHEREAS, throughout 2022 and 2024, the Wholesale Customers convened at least once per month, most often for half-day in-person workshops, to negotiate an update to the method for sharing water made available from the SFPUC during shortages caused by drought (Tier 2 Plan); and
WHEREAS, each Wholesale Customer appointed a lead negotiator to represent the interests of its agency in the negotiations; and
WHEREAS, during the Tier 2 Plan negotiations, the Original Minimum Purchase Customers renewed discussions among the Wholesale Customers to identify a comprehensive and final solution to concerns about the minimum purchase quantities; and
WHEREAS, in June 2023, following several years of discussions regarding the Minimum Purchase Requirements, the SFPUC proposed amending the 2021 WSA to reset the existing minimum annual purchase quantities to align with current water consumption trends, while protecting investment in the RWS; and WHEREAS, in 2024, the SFPUC, the Original Minimum Purchase Customers, and BAWSCA held multiple meetings to identify amendments that would address challenges related to the Minimum Purchase Requirements; and WHEREAS, once the SFPUC and the Original Minimum Purchase Customers discussed amendments to the Minimum Purchase Requirements, the Original Minimum Purchase Customers presented proposals to the broader Wholesale Customer group to secure their support; and
WHEREAS, in 2024, the Wholesale Customers came to a final agreement on a package that includes an updated Tier 2 Plan, amendments to the minimum purchase quantity requirements, and amendments to the Tier 1 Plan; and WHEREAS, with its Alternative Water Supply Program, the SFPUC is in the early stages of planning for projects to support the Wholesale and Retail Customers' ability to respond to climate change and address future water supply challenges and vulnerabilities, such as regulatory changes, earthquakes, disasters, emergencies, and increases in population and employment; and
WHEREAS, the Original Minimum Purchase Customers are particularly well- suited to develop local, drought resilient supplies, which improve the reliability of the San Francisco Regional Water System (RWS) for all users; and WHEREAS, under 2021 WSA Section 3.06.D, the Parties agree that they will diligently apply their best efforts to use both surface water and groundwater sources

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located within their respective service areas and available recycled water to the maximum feasible extent, taking into account the environmental impacts, the public health effects, and the effects on supply reliability of such use, as well as the cost of developing such sources; and
WHEREAS, each Wholesale Customer recognizes the importance of local water supplies in improving regional water supply reliability and commits to develop and use available local water supplies within their service areas, consistent with Section 3.06.D of the WSA; and
WHEREAS, during the Tier 2 Plan negotiations, the Wholesale Customers identified, and the SFPUC agreed to, changes to the Tier 1 Plan that would facilitate agreement on the updated Tier 2 Plan; and
WHEREAS, in June 2023, following several years of discussions regarding the Minimum Purchase Requirements, the SFPUC proposed amending the 2021 WSA to reset the existing minimum annual purchase quantities to align with current water consumption trends, while protecting investment in the RWS; and WHEREAS, in 2024, the SFPUC, the Original Minimum Purchase Customers, and BAWSCA held multiple meetings to identify amendments that would address challenges related to the Minimum Purchase Requirements; and WHEREAS, once the SFPUC and the Original Minimum Purchase Customers discussed amendments to the Minimum Purchase Requirements, the Original Minimum Purchase Customers presented proposals to the broader Wholesale Customer group to secure their support; and
WHEREAS, in 2024, the Wholesale Customers came to a final agreement on a package that includes an updated Tier 2 Plan, amendments to the minimum purchase quantity requirements, and amendments to the Tier 1 Plan; and WHEREAS, with its Alternative Water Supply Program, the SFPUC is in the early stages of planning for projects to support the Wholesale and Retail Customers' ability to respond to climate change and address future water supply challenges and vulnerabilities, such as regulatory changes, earthquakes, disasters, emergencies, and increases in population and employment; and
WHEREAS, the Original Minimum Purchase Customers are particularly well- suited to develop local, drought resilient supplies, which improve the reliability of the San Francisco Regional Water System (RWS) for all users; and WHEREAS, under 2021 WSA Section 3.06.D, the Parties agree that they will diligently apply their best efforts to use both surface water and groundwater sources located within their respective service areas and available recycled water to the maximum feasible extent, taking into account the environmental impacts, the public

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health effects, and the effects on supply reliability of such use, as well as the cost of developing such sources; and
WHEREAS, each Wholesale Customer recognizes the importance of local water supplies in improving regional water supply reliability and commits to develop and use available local water supplies within their service areas, consistent with Section 3.06.D of the WSA; and
WHEREAS, the City of Mountain View approved a Recycled Water Feasibility Study Update Draft Report on March 22, 2022 with seven staff recommendations, including: (1) working with the City of Palo Alto and the Santa Clara Valley Water District on the first phase of an advanced water purification system to improve recycled water quality, (2) planning and siting a recycled water storage reservoir in the City of Mountain View’s North Bayshore Area to improve system performance and reliability, and (3) building-out the recycled water distribution system to serve all of North Bayshore and a portion of NASA Ames; and
WHEREAS, the City of Sunnyvale approved an updated Recycled Water Master Plan on September 24, 2024 and directed staff to look into expanding the recycled water system, which currently includes 22 miles of recycled water pipelines, two recycled water pump stations, and a recycled water storage tank with a 2.5-million- gallon capacity; and
WHEREAS, the City of Milpitas continues to promote the use of recycled water to existing and new customers along the recycled water pipeline within the city, and has committed to developing local groundwater supplies to help meet projected long term water demand; and
WHEREAS, since 1995, the Alameda County Water District has invested over $300 million in water supply reliability initiatives to enhance local water supplies and reduce its dependence on imported supplies, including water conservation, conjunctive use groundwater management, brackish groundwater desalination, and groundwater banking; and
WHEREAS, as of January 2025, the SFPUC has budgeted $298.3 million over the next ten years to fund water supply projects; and
WHEREAS, the Parties now desire to approve an amendment to the 2021 WSA to reduce the minimum annual purchase quantities to 80% of average purchases from the most recent four (4) non-drought years and establish a continuing, periodic review of the minimum annual purchase quantities on a 10-year schedule; and WHEREAS, the amendment will also establish a Rebound Year minimum annual purchase quantity calculation for the first year following a waiver of the Minimum Purchase Requirements; and

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WHEREAS, the amendment further provides that Imputed Sales will not apply to an Original Minimum Purchase Customer that does not meet its individual Minimum Purchase Requirements if the collective SFPUC purchases from all Original Minimum Purchase Customers are equal to or greater than the total collective minimum annual purchase quantity; and
WHEREAS, the Parties also desire to adopt an amendment to the Tier 1 Plan to provide that excess use charges will not apply to Wholesale Customers that exceed their individual annual shortage allocation if the Wholesale Customers’ collective SFPUC purchases are less than the total Tier 1 allocation; and WHEREAS, the amendment further provides that if the collective Wholesale Customers’ SFPUC purchases exceed total Tier 1 allocation, excess use charges will be applied to each Wholesale Customer that exceeded its individual annual allocation, proportional to the collective Wholesale Customer's overuse of the total Tier 1 allocation; and
WHEREAS, the Parties also desire to adopt an amendment to the 2021 WSA to include the following substantive modifications:
a) update references in Section 2.03.C regarding BAWSCA’s authority to amend attachments;
b) extend the timing of the completion of the WSIP to reflect the currently adopted program completion date (Section 3.09); c) correct a reference to a SFPUC resolution number in Section 9.07; d) update “Imputed Sales” definition in Attachment A to reference Attachment E;
e) update “Level of Service Goals and Objectives” definition in Attachment A to reflect updated and expanded Level of Service Goals and Objectives adopted by the SFPUC in November 2023; and
WHEREAS, the SFPUC approved these amendments and authorized the execution of a 2025 Amended and Restated Water Supply Agreement incorporating these amendments on May 13, 2025 pursuant to SFPUC Resolution No. 25-0074; and WHEREAS, the amendment considered now is not a "project" for the purposes of CEQA as it involves an administrative activity that does not result in a direct change to the environment (see 14 CCR Section 15378(b)(5)), and would not result in a direct or reasonably foreseeable indirect physical change in the environment (see 14 CCR Section 15060(c)(2)); and
WHEREAS, in the event the amendment is considered a "project," it would be subject to the categorical exemption for operation, repair, and maintenance of existing facilities (see 14 CCR Section 15301) and the amendment does not implicate substantial changes that involve a new significant environmental effect (see 14 CCR Section 15162(a)).

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

1. The EMID Board approves the revisions included in the attached Exhibit A, approves those revisions to be incorporated into a revised WSA titled the "2025 Amended and Restated Water Supply Agreement Between the City and County of San Francisco Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County" dated as of 2025 (2025 Amended and Restated Water Supply Agreement). The revisions included in the attached Exhibit A include the deletion of all text shown with strikethroughs, the addition of text shown with underlines, and the addition of Attachment E-3.

2. The President of the Board of Directors of the Estero Municipal Improvement District is authorized and directed to execute the 2025 Amended and Restated Water Supply Agreement, when final execution copies are prepared and distributed by BAWSCA.

PASSED AND ADOPTED as a Resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 2nd day September, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________

STACY JIMENEZ, PRESIDENT
ATTEST:
_______________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY

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3.07. Restrictions on Purchases of Water from Others; Minimum Annual Purchases A. Each Wholesale Customer (except for Alameda County Water District and the cities of Milpitas, Mountain View and Sunnyvale) agrees that it will not contract for, purchase or receive, with or without compensation, directly or indirectly, from any person, corporation, governmental agency or other entity, any water for delivery or use within its service area without the prior written consent of San Francisco.

B. The prohibition in subsection A does not apply to:

1. recycled water;

2. water necessary on an emergency and temporary basis, provided that the Wholesale Customer promptly gives San Francisco notice of the nature of the emergency, the amount of water that has been or is to be purchased, and the expected duration of the emergency; or

3. water in excess of a Wholesale Customer’s Individual Supply Guarantee.

C. Minimum Annual Purchase Quantities. Alameda County Water District and the cities of Milpitas, Mountain View and Sunnyvale may purchase water from sources other than San Francisco, provided that San Francisco shall require that each purchase a minimum annual quantity of water from San Francisco. These Minimum Annual Purchase Quantities are set out in Attachment E and shall also be included in the Individual Water Sales Contracts between San Francisco and each of these four Wholesale Customers (collectively referred to as the Original Minimum Purchase Customers). Pursuant to Section 3.04, certain Wholesale Customers may also be required to purchase Temporary Modified Minimum Annual Purchase Quantities, set out in Attachment E-1, from San Francisco. Attachment E will be updated pursuant to Section 3.04 to reflect any reduction in existing Minimum Annual Purchase Quantities and any addition of new Minimum Annual Purchase Quantities when Temporary Modified Minimum Annual Purchase Quantities expire and are removed from Attachment E-1; Individual Water Sales Contracts between San Francisco and any Wholesale Customers who are participants in a transfer under Section 3.04 will similarly be amended, as necessary.

1. Annual Notice. After the end of each fiscal year, the SFPUC will send a written notice to each Wholesale Customer that is subject to the minimum annual purchase requirements of this section with a Minimum Annual Purchase Quantity, or a Temporary Modified Minimum Annual Purchase Quantity with a copy to BAWSCA. The notice will include: (1

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(a) the quantity of water delivered to the
each of those Wholesale CustomerCustomers
individually and all of the Original Minimum Purchase Customers collectively during the previous fiscal year; (
2 (b) each Wholesale Customer’s individual Minimum Annual Purchase Quantity or Temporary Modified Minimum Annual Purchase Quantity (as adjusted for a Rebound Year, if applicable, under Section 3.07.C.2);
) whether or not the Wholesale Customer met its minimum annual purchase requirement under this section; (3
(c) whether or not each Wholesale Customer met its individual Minimum Annual Purchase Quantity or Temporary Modified Minimum Annual Purchase Quantity (as adjusted for a Rebound Year, if applicable);
(d) whether or not the Original Minimum Purchase Customers collectively purchased a volume of water from San Francisco that is equal to or greater than the sum of their four Minimum Annual Purchase Quantities (as adjusted for a Rebound Year, if applicable); (e) any Imputed Sales charged to the Wholesale Customer;Customers; and (4 (f) the status of any Temporary Modified Minimum Annual Purchase QuantityQuantities of the Wholesale Customer, if applicable. Customers.

C.2. Waiver and Rebound Year. The minimum annual purchase requirements set out in Attachments E and E-1 will be waived during a Drought or other period of water shortage if the water San Francisco makes available to these Wholesale Customers is less than itstheir Minimum Annual Purchase QuantityQuantities or Temporary Modified Minimum Annual Purchase Quantities, and may be waived during a state of emergency declared by the Governor of California that impacts water supply use or deliveries from the Regional Water System. Once the waiver is no longer in effect, each of the minimum annual purchase requirements set out in Attachments E and E-1 shall be temporarily set, for one full fiscal year (referred to as the Rebound Year), to the midpoint between (1) the Wholesale Customer’s actual San Francisco purchases for the final year in which the waiver was in effect, up to a maximum of the Customer’s Minimum Annual Purchase Quantity or Temporary Modified Minimum Annual Purchase Quantity, and (2) the Wholesale Customer’s Minimum Annual Purchase Quantity or Temporary Modified Minimum Annual Purchase Quantity set out in Attachment E or Attachment E-1, as applicable. Any fiscal year in which a Wholesale Customer meets its Rebound Year-adjusted Temporary Modified Minimum

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Annual Purchase Quantity, but not its standard T
emporary Modified Minimum Annual Purchase
Quantity, will not count as a fiscal year in which the Wholesale Customer has met or exceeded its Temporary Modified Minimum Purchase Quantity for the purposes of Section 3.04.C(4)(a).

D. Minimum Annual Purchase Quantity Reset. As shown on Attachment E, in Fiscal Year 2025-26, the Parties reset the then-existing Minimum Annual Purchase Quantities of the Original Minimum Purchase Customers to 80% of the average San Francisco purchases of each Customer over the four most recent non-drought years preceding Fiscal Year 2024-25, effective for Fiscal Year 2024-25. If the Parties extend the Term of this Agreement beyond June 30, 2034 pursuant to Section 2.02, the Parties will review the Minimum Annual Purchase Quantities of the Original Minimum Purchase Customers again ten years after the Fiscal Year 2025-26 reset. If the Original Minimum Purchase Customers, or San Francisco, want to propose a reset of the Minimum Annual Purchase Quantities for Fiscal Year 2035-36, they will provide written notice on or before June 30, 2034. The Parties will meet and confer promptly to evaluate written reset proposals. By November 30, 2035, if the Parties have come to an agreement, the SFPUC will calculate the revised Minimum Annual Purchase Quantities based on the agreed upon methodology and provide written notice to the Original Minimum Purchase Customers and BAWSCA. The Original Minimum Purchase Customers will have at least 15 business days to review and meet and confer with the SFPUC with any questions or concerns before the revised quantities are finalized. If the Parties are unable to come to an agreement, the then-existing Minimum Annual Purchase Quantities will remain unchanged. Any changes to the Minimum Annual Purchase Quantities under this Section

3.07.D will be reflected in a revised Attachment E approved with the written concurrence of San Francisco and BAWSCA in accordance with Section 2.03.C. The Parties intend to include a continuing, periodic review of the Minimum Annual Purchase Quantities on a ten-year schedule in the successor to this Agreement.

E. Collective Minimum Annual Purchase Quantities Considered Before Application of Imputed Sales. Imputed Sales will not apply to any of the individual Original Minimum Purchase Customers in a particular fiscal year if those Customers have collectively purchased a volume of water from San Francisco that is equal to or greater than the sum of their four Minimum Annual Purchase Quantities shown in Attachment E (or adjusted for a Rebound Year pursuant to Section

3.07.C.2, if applicable). If the Original Minimum Purchase Customers do not collectively purchase that sum, any Original Minimum Purchase Customer that has not met its standard or Rebound Year-adjusted Minimum Annual Purchase Quantity will be responsible for Imputed Sales proportional to its share of the difference between that sum and the Original Minimum Purchase Customers’ total purchases from San Francisco. Examples of this calculation are contained in

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Attachment E-3.

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21702335.2
Redline Comparing 2021 Amended and Res tated Water Supply Agreement and 2025 Proposed Amendments: Sections 2.03, 3.09, and 9.07, and Attachment A Definitions

2.03. Amendments .

C. Amendments to Attachments. The following attachments may be amended with the written concurrence of San Francisco and BAWSCA on behalf of the Wholesale Customers:

Attachment Name
C Individual Supply Guarantees (amendments reflecting Section

3.04 transfers only)
E Minimum Annual Purchase Quantities (amendments reflecting Section 3.04 transfers and Section 3.07 resets only)
E-1 Temporary Modified Minimum Annual Purchase Quantities G Water Quality Notification and Communications Plan
(as may be amended)
J Water Use Measurement and Tabulation
L-1 Identification of WSIP Projects as Regional/Retail
N-1 Balancing Account/Rate Setting Calculation Table
N-2 Wholesale Revenue Requirement Schedules
N-3 Schedule of Projected Water Sales, Wholesale Revenue Requirement and Wholesale Rates
P Management Representation Letter
R Classification of Existing System Assets (subject to Section

5.11)
Amendments to these attachments shall be approved on behalf of San Francisco by the Commission and on behalf of BAWSCA by its Board of Directors, unless the Commission by resolution delegates such authority to the General Manager of the SFPUC or the Board of Directors by resolution delegates such authority to the General Manager/CEO of BAWSCA.

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21702335.2

3.09. Completion of WSIP
San Francisco will complete construction of the
physical facilities in the WSIP by
DecemberJune 30, 20212032. The SFPUC agrees to provide for full public review and comment by local and state interests of any proposed changes that delay previously adopted project completion dates or that delete projects. The SFPUC shall meet and consult with BAWSCA before proposing to the Commission any changes in the scope of WSIP projects which reduce their capacity or ability to achieve adopted Level of Service Goals and Objectives.

The SFPUC retains discretion to determine whether to approve the physical facilities in the WSIP until after it completes the CEQA process as set forth in Section 4.07.

9.07. City of Brisbane, Guadalupe Valley Municipal Improvement District, Town of Hillsborough
A. The parties acknowledge that San Francisco has heretofore provided certain quantities of water to the City of Brisbane (“Brisbane”), Guadalupe Valley Municipal Improvement District (“Guadalupe”) and the Town of Hillsborough (“Hillsborough”) at specified rates or without charge pursuant to obligations arising out of agreements between the predecessors of San Francisco and these parties, which agreements are referred to in judicial orders, resolutions of the SFPUC and/or the 1960 contracts between San Francisco and Brisbane, Guadalupe and Hillsborough. The parties intend to continue those arrangements and accordingly agree as follows:

1. Nothing in this Agreement is intended to alter, amend or modify the terms of SFPUC Resolution No. 74-06530053 or the indenture of July 18, 1908 between the Guadalupe Development Company and the Spring Valley Water Company.

2. Nothing in this Agreement is intended to alter, amend or modify the Findings of Fact and Conclusions of Law and Judgment dated May 25, 1961 in that certain action entitled City and County of San Francisco v. Town of Hillsborough in the Superior Court of the State of California in and for the County of Marin, No. 23282, as modified by the Satisfaction of Judgment filed October 23, 1961 and the Compromise and Release between Hillsborough and San Francisco dated August 22, 1961. The rights and obligations of Hillsborough under these documents shall continue as therein set forth.

3. Nothing in this Agreement is intended to affect or prejudice any claims, rights or remedies of Guadalupe or of Crocker Estate Company, a corporation, or of Crocker Redline Comparing 2021 Amended and Restated Water Supply Agreement and 2025 Proposed Amendments: Sections 2.03, 3.09, and 9.07, and Attachment A Definitions

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21702335.2
Land Company, a corporation, or of
San Francisco, or of their successors and assigns,
respectively, with respect to or arising out of that certain deed dated May 22, 1884, from Charles Crocker to Spring Valley Water Works, a corporation, recorded on May 24, 1884, in Book 37 of Deeds at page 356, Records of San Mateo County, California, as amended by that certain Deed of Exchange of Easements in Real Property and Agreement for Trade in Connection Therewith, dated July 29, 1954, recorded on August 4, 1954, in Book 2628, at page 298, Official Records of said San Mateo County, or with respect to or arising out of that certain action involving the validity or enforceability of certain provisions of said deed entitled City and County of San Francisco v. Crocker Estate Company, in the Superior Court of the State of California in and for the County of Marin, No. 23281.

Attachment A - Definitions
“Imputed Sales” apply when a Wholesale Customer does not meet the minimum ann ual
purchase requirements of Section 3.07.C, as shown on Attachment E and Attachment E-1, except in fiscal years in which a waiver of these requirements is in effect. Imputed Sales are calculated as the difference between (1) a Wholesale Customer’s metered water purchases during a fiscal year, from July 1 to June 30, and (2) the larger of (a) or (b) as follows: (a) the Wholesale Customer’s Minimum Annual Purchase Quantity, as specified in Attachment E and may be adjusted pursuant to Section 3.07.C.2, or (b) the Wholesale Customer’s Temporary Modified Minimum Annual Purchase Quantity, as specified in Attachment E-1. and may be adjusted pursuant to Section 3.07.C.2. If a Wholesale Customer has more than one Temporary Modified Minimum Annual Purchase Quantity, the largest quantity is used for calculating Imputed Sales. Imputed Sales are considered wholesale water usage for the purposes of calculating the Proportional Annual Use, and any fees charged for Imputed Sales are considered wholesale revenues.
“Level of Service Goals and Objectives” refers to the “Phased WSIP Goals and Objectives” adopted by the Commission in Resolution No. 08-0200 dated October 30, 2008 as part of the approval of the WSIP, as updated and expanded by the "2023 Amended and Updated Water Enterprise Level of Service Goals and Objectives," adopted by the Commission in Resolution No. 23-0210 dated November 28, 2023, and any amendments that may be adopted by the Commission.

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21715759.2

ATTACHMENT E

MINIMUM ANNUAL PURCHASE QUANTITIES
(Section 3.07.C)

AGENCY MINIMUM ANNUAL PURCHASE QUANTITY
(IN MGD)1
Alameda County Water District 7.6486.682
City of Milpitas 5.3414.371
City of Mountain View 8.9306.047
City of Sunnyvale 8.9307.412
1 In Fiscal Year (FY) 2025-26, the then-existing Minimum Annual Purchase Quantities for Alameda County Water District and the Cities of Milpitas, Mountain View, and Sunnyvale were reset to 80% of each of those four customers’ average San Francisco purchases over the four non-drought years preceding FY 2024-25 (FY 2017-18, FY 2018-19, FY 2019-20, and FY 2020-21), effective FY 2024-25. Prior to this reset, from the effective date of this Agreement (July 1, 2009) through FY 2023-24, those four customers had the following Minimum Annual Purchase Quantities:

1. Alameda County Water District: 7.648 MGD

2. City of Milpitas: 5.341 MGD

3. City of Mountai n View: 8.930 MGD

4. City of Sunnyvale: 8.930 MGD
Redline Comparing 2021 Amended and Restated Water Supply Agreement and 2025 Proposed Amendment Attachment E

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ATTACHMENT H

WATER S

HORTAGE ALLOCATION PLAN
This Interim Water Shortage Allocation Plan (“Plan"), also known as the Tier 1 Shortage Plan, describes the method for allocating water between the San Francisco Public Utilities Commission (“SFPUC"), on the one hand, and the Wholesale Customers collectively, on the other, during shortages caused by drought. The Plan also implements a method for allocating water among the individual Wholesale Customers, known as the Tier 2 Drought Response Implementation Plan (“Tier 2 Plan”), which has separately been adopted by the Wholesale Customers and does not include the SFPUC. The Plan includes provisions for transfers, banking, and excess use charges. The Plan applies only when the SFPUC determines that a system-wide water shortage due to drought exists, and all references to “shortages” and “water shortages” are to be so understood. This Plan was initially adopted pursuant to Section 7.03(a) of the 1984 Settlement Agreement and Master Water Sales Contract and has been incorporated and updated to correspond to the terminology used in the June 2009 Water Supply Agreement between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County and Santa Clara County (“Agreement”), as amended and restated from time to time.

SECTION 1. SHORTAGE CONDITIONS

1.1. Projected Available SFPUC Water Supply. The SFPUC shall make an annual determination as to whether or not a shortage condition exists. The determination of projected available water supply shall consider, among other things, stored water, projected runoff, water acquired by the SFPUC from non- SFPUC sources, inactive storage, reservoir losses, allowance for carryover storage, and water bank balances, if any, described in Section 3.

1.2 Projected SFPUC Customer Purchases. The SFPUC will utilize purchase data, including volumes of water purchased by the Wholesale Customers and by Retail Customers (as those terms are used in the Agreement) in the year immediately prior to the drought, along with other available relevant information, as a basis for determining projected system-wide water purchases from the SFPUC for the upcoming year.Supply Year (defined as the period from July 1 through June 30).

1.3. Shortage Conditions. The SFPUC will compare the projected available water supply (Section 1.1) with projected system-wide water purchases (Section 1.2). A shortage condition exists if the SFPUC determines that the projected available water supply is less than projected system-wide water purchases in the upcoming Supply Year (defined as the period from July 1 through June 30).. When a shortage condition exists, SFPUC will determine whether voluntary or mandatory actions will be required to reduce purchases of SFPUC water to required levels.

1.3.1 Voluntary Response. If the SFPUC determines that voluntary actions will be sufficient to accomplish the necessary reduction in water use throughout its service area, the SFPUC and the Wholesale Customers will make good faith efforts to reduce their water purchases to stay within their annual shortageTier 1 and Tier 2 allocations as applicable (see Section 2 of this Attachment H) and associated monthly water use budgets. The SFPUC will not impose excess use charges during periods of voluntary rationing, but may suspend the prospective accumulation of water bank credits, or impose a ceiling on further accumulation of bank credits, consistent with Section 3.2.1 of this Plan.

1.3.2 Mandatory Response. If the SFPUC determines that mandatory actions will be required to accomplish the necessary reduction in water use in the SFPUC service area, the SFPUC may implement excess use charges as set forth in Section 4 of this Plan.

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1.4. Period of Shortage. A shortage period commences when the SFPUC determines that a water shortage exists, as set forth in a declaration of water shortage emergency issued by the SFPUC pursuant to California Water Code Sections 350 et seq. Termination of the water shortage emergency will be declared by resolution of the SFPUC.

SECTION 2. SHORTAGE ALLOCATIONS

2.1. Annual Tier 1 Allocations between the SFPUC and the Wholesale Customers. The annual water supply available during shortages will be allocated between the SFPUC and the collective Wholesale Customers as follows:

Level of System Wide
Reduction in Water Use
Required

Share of Available Water
SFPUC Share Wholesale Customers Share
5% or less
6%
through 10%
11% through 15%
16% through 20%

35.5%

36.0%

37.0%

37.5%

64.5%

64.0%

63.0%

62.5%
This Plan refers to the SFPUC’s and Wholesale Customers’ respective shares of available water so established as the SFPUC’s and Wholesale Customers’ Tier 1 allocations. The water allocated to the SFPUC shall correspond to the total allocation for all Retail Customers. In the event that the SFPUC share of the available water supply in the above table results in Retail Customers having a positive allocation (i.e., a supply of additional water rather than a required percentage reduction in water use), the SFPUC’s percentage share of the available water supply in the table shall be reduced to eliminate any positive allocation to Retail Customers, with a corresponding increase in the percentage share of the available water supply allocated to the Wholesale Customers. For any level of required reduction in system-wide water use during shortages, the SFPUC shall require Retail Customers to conserve a minimum of 5%, with any resulting reallocated supply credited to storage for inclusion in calculation of projected available water SFPUC water supply in a subsequent year (Section 1.1).

The parties agree to reevaluate the percentages of the available water supply allocated to Retail and Wholesale Customers by May 1, 2028.

2.2 Annual Tier 2 Allocations among the Wholesale Customers. The annual water supply allocated to the Wholesale Customers collectively during system wide shortages of 20 percent or less (i.e., the Wholesale Customers’ Tier 1 allocation) will be apportioned among them based on a methodology, known as the Tier 2 Plan, that has been separately adopted by all of the Wholesale Customers, and not the SFPUC, as described in Section 3.11(C) of the Agreement. In any year for which the methodology must be applied, the Bay Area Water Supply and Conservation Agency (“BAWSCA”) will calculate each Wholesale Customer’s individual percentage share of the amount of water allocated to the Wholesale Customers collectively pursuant to Section 2.1. Following the declaration or reconfirmation of a water shortage emergency by the SFPUC, BAWSCA will deliver to the SFPUC General Manager a list, signed by the President of BAWSCA’s Board of Directors and its General Manager, showing each Wholesale Customer together with its percentage share and stating that the list has been prepared in accordance with the methodology adopted by the Wholesale Customers. The SFPUC shall allocate water to each Wholesale Customer, as specified in the list. The shortage allocations so established (known as Tier 2

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allocations) may be transferred as provided in Section 2.5 of this Plan. If BAWSCA or all Wholesale Customers do not provide the SFPUC with individual allocations, the SFPUC may make a final allocation decision after first meeting and discussing allocations with BAWSCA and the Wholesale Customers.

The Tier 2 Plan methodology adopted by the Wholesale Customers utilizes the rolling average of each individual Wholesale Customer’s purchases from the SFPUC during the three immediately preceding Supply Years. The SFPUC agrees to provide BAWSCA by November 1 of each year a list showing the amount of water purchased by each Wholesale Customer during the immediately preceding Supply Year.

The list will be prepared using Customer Service Bureau report MGT440 (or comparable official record in use at the time), adjusted as required for any reporting errors or omissions, and will be transmitted by the SFPUC General Manager or his designee.

2.3. Limited Applicability of Plan to System Wide Shortages Greater Than Twenty Percent. The Tier 1 allocations of water between the SFPUC and the Wholesale Customers collectively, provided for in Section 2.1, apply only to shortages of 20 percent or less. The SFPUC and Wholesale Customers recognize the possibility of a drought occurring which could create system-wide shortages greater than 20 percent despite actions taken by the SFPUC aimed at reducing the probability and severity of water shortages in the SFPUC service area. If the SFPUC determines that a system wide water shortage greater than 20 percent exists, the SFPUC and the Wholesale Customers agree to meet within 10 days and discuss whether a change is required to the allocation set forth in Section 2.1 in order to mitigate undue hardships that might otherwise be experienced by individual Wholesale Customers or Retail Customers. Following these discussions, the Tier 1 water allocations set forth in Section 2.1 of this Plan, or a modified version thereof, may be adopted by mutual written consent of the SFPUC and the Wholesale Customers. If the SFPUC and Wholesale Customers meet and cannot agree on an appropriate Tier 1 allocation within 30 days of the SFPUC’s determination of water shortage greater than 20 percent, then (1) the provisions of Section 3.11(C) of the Agreement will apply, unless (2) all of the Wholesale Customers direct in writing that a Tier 2 allocation methodology agreed to by them be used to apportion the water to be made available to the Wholesale Customers collectively, in lieu of the provisions of Section 3.11(C).

The provisions of this Plan relating to transfers (in Section 2.5), banking (in Section 3), and excess use charges (in Section 4) shall continue to apply during system-wide shortages greater than 20 percent.

2.4. Monthly Water Budgets. Within 10 days after adopting a declaration of water shortage emergency, the SFPUC will determine the amount of Tier 1 water allocated to the Wholesale Customers collectively pursuant to Section 2.1. The SFPUC General Manager, using the Tier 2 allocation percentages shown on the list delivered by BAWSCA pursuant to Section 2.2, will calculate each Wholesale Customer’s individual annual Tier 2 allocation. The SFPUC General Manager, or his designee, will then provide each Wholesale Customer with a proposed schedule of monthly water budgets based on the pattern of monthly water purchases during the Supply Year immediately preceding the declaration of shortage (the “Default Schedule”). Each Wholesale Customer may, within two weeks of receiving its Default Schedule, provide the SFPUC with an alternative monthly water budget that reschedules its annual Tier 2 shortage allocation over the course of the succeeding Supply Year. If a Wholesale Customer does not deliver an alternative monthly water budget to the SFPUC within two weeks of its receipt of the Default Schedule, then its monthly budget for the ensuing Supply Year shall be the Default Schedule proposed by the SFPUC.

Monthly Wholesale Customer water budgets will be derived from annual Tier 2 allocations for purposes of accounting for excess use. Monthly Wholesale Customer water budgets shall be adjusted during the year to account for transfers of shortage allocation under Section 2.5 and transfers of banked water under Section 3.4.

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2.5. Transfers of Shortage Allocations. Voluntary transfers of shortage allocations between the SFPUC and any Wholesale Customers, and between any Wholesale Customers, will be permitted using the same procedure as that for transfers of banked water set forth in Section 3.4. The SFPUC and BAWSCA shall be notified of each transfer. Transfers of shortage allocations shall be deemed to be an emergency transfer and shall become effective on the third business day after notice of the transfer has been delivered to the SFPUC. Transfers of shortage allocations shall be in compliance with Section 3.05 of the Agreement. The transferring parties will meet with the SFPUC, if requested, to discuss any effect the transfer may have on its operations.

SECTION 3. SHORTAGE WATER BANKING

3.1. Water Bank Accounts. The SFPUC shall create a water bank account for itself and each Wholesale Customer during shortages in conjunction with its resale customer billing process. Bank accounts will account for amounts of water that are either saved or used in excess of the shortage allocation for each agency; the accounts are not used for tracking billings and payments. When a shortage period is in effect (as defined in Section 1.4), the following provisions for bank credits, debits, and transfers shall be in force. A statement of bank balance for each Wholesale Customer will be included with the SFPUC’s monthly water bills.

3.2. Bank Account Credits. Each month, monthly purchases will be compared to the monthly budget for that month. Any unused shortage allocation by an agency will be credited to that agency’s water bank account. Credits will accumulate during the entire shortage period, subject to potential restrictions imposed pursuant to Section 3.2.1. Credits remaining at the end of the shortage period will be zeroed out; no financial or other credit shall be granted for banked water.

3.2.1. Maximum Balances. The SFPUC may suspend the prospective accumulation of credits in all accounts. Alternatively, the SFPUC may impose a ceiling on further accumulation of credits in water bank balances based on a uniform ratio of the bank balance to the annual water allocation. In making a decision to suspend the prospective accumulation of water bank credits, the SFPUC shall consider the available water supply as set forth in Section 1.1 of this Plan and other reasonable, relevant factors.

3.3. Account Debits. Each month, monthly purchases will be compared to the budget for that month.

Purchases in excess of monthly budgets will be debited against an agency’s water bank account. Bank debits remaining at the end of the fiscal year will be subject to excess use charges (see Section 4).

3.4. Transfers of Banked Water. In addition to the transfers of shortage allocations provided for in Section 2.5, voluntary transfers of banked water will also be permitted between the SFPUC and any Wholesale Customer, and among the Wholesale Customers. The volume of transferred water will be credited to the transferee’s water bank account and debited against the transferor’s water bank account.

The transferring parties must notify the SFPUC and BAWSCA of each transfer in writing (so that adjustments can be made to bank accounts), and will meet with the SFPUC, if requested, to discuss any affect the transfer may have on SFPUC operations. Transfers of banked water shall be deemed to be an emergency transfer and shall become effective on the third business day after notice of the transfer has been delivered to the SFPUC. If the SFPUC incurs extraordinary costs in implementing transfers, it will give written notice to the transferring parties within ten (10) business days after receipt of notice of the transfer. Extraordinary costs means additional costs directly attributable to accommodating transfers and which are not incurred in non-drought years nor simply as a result of the shortage condition itself.

Extraordinary costs shall be calculated in accordance with the procedures in the Agreement and shall be subject to the disclosure and auditing requirements in the Agreement. In the case of transfers between Wholesale Customers, such extraordinary costs
shall be considered to be expenses chargeable solely to individual Wholesale Customers and shall be borne equally by the parties to the transfer. In the case of

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transfers between the SFPUC and a Wholesale Customer, the SFPUC’s share of any extraordinary transfer costs shall not be added to the Wholesale Revenue Requirement.

3.4.1. Transfer Limitations. The agency transferring banked water will be allowed to transfer no more than the accumulated balance in its bank. Transfers of estimated prospective banked credits and the “overdrafting” of accounts shall not be permitted. The price of transfer water originally derived from the SFPUC system is to be determined by the transferring parties and is not specified herein. Transfers of banked water shall be in compliance with Section 3.05 of the Agreement.

SECTION 4. WHOLESALE EXCESS USE CHARGES

4.1. Amount of Excess Use Charges. Monthly excess use charges shall be determined by the SFPUC at the time of the declared water shortage consistent with the calendar in Section 6 and in accordance with Section 6.03 of the Agreement. The excess use charges will be in the form of multipliers applied to the rate in effect at the time the excess use occurs. The same excess use charge multipliers shall apply to the Wholesale Customers and all Retail Customers. The excess use charge multipliers apply only to the charges for water delivered at the rate in effect at the time the excess use occurred.

4.2 Monitoring Suburban Water Use. During periods of voluntary rationing, water usage greater than a customer’s allocation (as determined in Section 2) will be indicated on each SFPUC monthly water bill.

During periods of mandatory rationing, monthly and cumulative water usage greater than a Wholesale Customer’s shortage allocation and the associated excess use charges will be indicated on each SFPUC monthly water bill.

4.3. Suburban Excess Use Charge Payments. An annual reconciliation will be made of monthly excess use charges according to the calendar in Section 6. Annual excess use charges will be calculated by comparing total annual purchases for each Wholesale Customer with its annual shortage allocation (as adjusted for transfers of shortage allocations and banked water, if any). Excess use charge payments by those Wholesale Customers with net excess use will be paid according to the calendar in Section 6. The SFPUC may dedicate excess use charges paid by Wholesale Customers toward the purchase of water from the State Drought Water Bank or other willing sellers in order to provide additional water to the Wholesale Customers. Excess use charges paid by the Wholesale Customers constitute Wholesale Customer revenue and shall be included within the SFPUC's annual Wholesale Revenue Requirement calculation.

4.4. Tier 1 Family Plan. During periods of mandatory rationing, the SFPUC will not assess excess use charges on any of the Wholesale Customers if the Wholesale Customers’ collective cumulative purchases over the course of the Supply Year are less than the Wholesale Customers’ Tier 1 allocation, as set forth in Section 2.1. If the Wholesale Customers’ collective cumulative purchases exceed the Wholesale Customers’ Tier 1 allocation, the SFPUC shall assess excess use charges on each individual Wholesale Customer that exceeded its individual Tier 2 allocation (established in accordance with Section 2.2) over the course of the Supply Year in proportion to each individual Wholesale Customer’s share of the collective Wholesale Customers’ purchases that exceeded the Wholesale Customers’ Tier 1 allocation.

SECTION 5. GENERAL PROVISIONS GOVERNING WATER SHORTAGE

ALLOCATION PLAN

5.1. Construction of Terms. This Plan is for the sole benefit of the parties and shall not be construed as granting rights to any person other than the parties or imposing obligations on a party to any person other than another party.

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Redline Comparing 2021 Amended and Restated Water Supply Agreement and 2025 Proposed Amendments
6 21606945.9

5.2. Governing Law. This Plan is made under and shall be governed by the laws of the State of California.

5.3. Effect on Agreement. This Plan describes the method for allocating water between the SFPUC and the collective Wholesale Customers during system-wide water shortages of 20 percent or less. This Plan also provides for the SFPUC to allocate water among the Wholesale Customers in accordance with directions provided by the Wholesale Customers through BAWSCA under Section 2.2, and to implement a program by which such allocations may be voluntarily transferred among the Wholesale Customers.

The provisions of this Plan are intended to implement Section 3.11(C) of the Agreement and do not affect, change or modify any other section, term or condition of the Agreement.

5.4. Inapplicability of Plan to Allocation of SFPUC System Water During Non-Shortage Periods.

The SFPUC’s agreement in this Plan to a respective share of SFPUC system water during years of shortage shall not be construed to provide a basis for the allocation of water between the SFPUC and the Wholesale Customers when no water shortage emergency exists.

5.5. Termination. This Plan shall expire at the end of the Term of the Agreement... The SFPUC and the Wholesale Customers can mutually agree to revise or terminate this Plan prior to that date due to changes in the water delivery capability of the SFPUC system, the acquisition of new water supplies, and other factors affecting the availability of water from the SFPUC system during times of shortage.

SECTION 5. ALLOCATION CALENDAR

6.1. Annual Schedule. The annual schedule for the shortage allocation process is shown below. This schedule may be changed by the SFPUC to facilitate implementation.

6.1.1 In All Years Target Dates

1. SFPUC delivers list of annual purchases by each Wholesale Customer during the immediately preceding Supply Year
November 1

2. SFPUC meets with the Wholesale Customers and presents water supply forecast for the following Supply Year
February

3. SFPUC issues initial estimate of available water supply February 1

4. SFPUC announces potential first year of drought (if applicable) February 1

5. SFPUC and Wholesale Customers meet upon request to exchange information concerning water availability and projected system- wide purchases
February 1-May 31

6. SFPUC issues revised estimate of available water supply, and confirms continued potential shortage conditions, if applicable March 1

7. SFPUC issues final estimate of available water supply April 15 th or sooner if adequate
snow course measurement data
is available to form a robust
estimate on available water
supply for the coming year.

8. SFPUC determines amount of water available to Wholesale Customers collectively
April 15
th or sooner if adequate
snow course measurement data
is available to form a robust
estimate on available water

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Redline Comparing 2021 Amended and Restated Water Supply Agreement and 2025 Proposed Amendments
7 21606945.9
supply for the coming year.

In Drought Years Target Dates

9. SFPUC formally declares the existence of water shortage emergency (or end of water shortage emergency, if applicable) under Water Code Sections 350 et. seq.

April 15-30

10. SFPUC declares the need for a voluntary or mandatory response April 15-30

11. BAWSCA submits calculation to SFPUC of individual Wholesale Customers’ percentage shares of water allocated to Wholesale Customers collectively
April 15- 30

12. SFPUC determines individual shortage allocations, based on BAWSCA’s submittal of individual agency percentage shares to SFPUC, and monthly water budgets (Default Schedule)
April 25—M ay 10

13. Wholesale Customers submit alternative monthly water budgets (optional)
May 8-May 24

14. Final drought shortage allocations are issued for the Supply Year beginning July 1 through June 30
June 1

15. Monthly water budgets become effective July 1

16. Excess use charges indicated on monthly Suburban bills August 1 (of the beginning year) through June 30 (of the
succeeding year)

17. Excess use charges paid by Wholesale Customers for prior year August of the succeeding year

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ATTACHMENT E-3
Illustrations of Imputed Sales Considering Collective Regional Water System Use by Original Minimum Purchase Customers Compared to Sum of Minimum Annual Purchase Quantities Pursuant to Section 3.07.E
Scenario 1: Collective Purchases Equal to or Greater Than Sum of MAPQs1 (No Imputed Sales)2 Line
# Wholesale Custome r

AB C D
E = (D[LINE #]
/ D5) × (B5 -
A5)
MAPQ
RWS3
Use
(mgd)
RWS
Over
MAPQ
(mgd)
RWS
Under
MAPQ
(mgd)
Proportion of
Use Under
Total MAPQ
(mgd)
1 Alameda County Water District 6.682 7.682 1.00 N/A
2 City of Milpitas 4.371 3.871 -0.50 N/A
3 City of Mountain View 6.047 5.047 -1.00 N/A
4 City of Sunnyvale 7.412 7.912 0.50 N/A
5 Total 24.512 24.512 1.50 -1.50 N/A
Scenario 2: Collective Purchases Less Than Sum of MAPQs (by 1.0 mgd) (Imputed Sales)4 Line
# Wholesale Custome r
ABCD
E = (D[LINE #]
/ D5) × (B5 -
A5)
MAPQ
RWS
Use
(mgd)
RWS
Over
MAPQ
(mgd)
RWS
Under
MAPQ
(mgd)
Proportion of
Use Under
Total MAPQ
(mgd)
1 Alameda County Water District 6.682 7.182 0.50 N/A
2 City of Milpitas 4.371 3.871 -0.50 -0.25
3 City of Mountain View 6.047 4.547 -1.50 -0.75
4 City of Sunnyvale 7.412 7.912 0.50 N/A
5 Total 24.512 23.512 1.00 -2.00 -1.0
1 Minimum Annual Purchase Quantity (MAPQ)
2 In Scenario 1, the Original Minimum Purchase Customers’ collective purchases from San Francisco in a particular fiscal year (Line 5B) are equal to the sum of their Minimum Annual Purchase Quantities (Line 5A). Therefore, no Imputed Sales are applied to individual Original Minimum Purchase Customers that purchased less than their individual Minimum Annual Purchase Quantities (in this scenario, Milpitas and Mountain View). 3 Regional Water System (RWS)
4 In Scenario 2, the Original Minimum Purchase Customers’ collective purchases from San Francisco in a particular fiscal year (Line 5B) are 1.0 mgd less than the sum of their Minimum Annual Purchase Quantities (Line 5A).

Therefore, Imputed Sales are applied proportionally to any individual Original Minimum Purchase Customer that purchased less than its individual Minimum Annual Purchase Quantity (in this scenario, Milpitas and Mountain View), so that customer is responsible for its share of the difference between the sum of all Minimum Annual Purchase Quantities (Line 5A) and the collective amount of RWS use (Line 5B). In this scenario, Mountain View is responsible for 75% and Milpitas is responsible for 25% of the 1.0 mgd difference between Line 5A and Line 5B.

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21464584.11

Scenario 3: Collective Purchases Equal to or Greater Than Sum of MAPQs – with Rebound Year-Adjusted MAPQs (No Imputed Sales)5 Line # Wholesale Custome r
A B
C = A -
((A[LINE #] -
B[LINE #]) / 2) D E F
G = (F[LINE #] /
F5) × (D5 - C5)
MAPQ
RWS Use
in Waiver’s
Final Year
Rebound
Year-Adjusted
MAPQ
RWS Use
(mgd)
RWS Over
Rebound
Year-
Adjusted
MAPQ (mgd)
RWS Under
Rebound
Year-
Adjusted
MAPQ (mgd)
Proportion of
Use Under
Total Rebound
Year-Adjusted
MAPQ (mgd)
1 Alameda County Water District 6.682 5.682 6.182 7.512 1.33 N/A 2 City of Milpitas 4.371 3.371 3.871 3.591 -0.28 N/A
3 City of Mountain View 6.047 5.047 5.547 4.847 -0.70 N/A 4 City of Sunnyvale 7.412 6.412 6.912 7.782 0.87 N/A
5 Total 24.512 20.512 22.512 23.732 2.20 -0.98 N/A

5 In Scenario 3, the Original Minimum Purchase Customers’ collective purchases from San Francisco in a particular fiscal year (Line 5D) are greater than the sum of their Rebound Year-adjusted Minimum Annual Purchase Quantities that are currently in effect pursuant to Section 3.07.C.2 (Line 5C). Therefore, no Imputed Sales are applied to individual Original Minimum Purchase Customers that purchased less than their individual Rebound Year-adjusted Minimum Annual Purchase Quantities (in this scenario, Milpitas and Mountain View).

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1 21645394.9

3.07. Restrictions on Purchases of Water from Others; Minimum Annual Purchases A. Each Wholesale Customer (except for Alameda County Water District and the cities of Milpitas,
Mountain View and Sunnyvale) agrees that it will not contract for, purchase or receive, with or without compensation, directly or indirectly, from any person, corporation, governmental agency or other entity, any water for delivery or use within its service area without the prior written consent of San Francisco.

The prohibition in subsection A does not apply to:

1. recycled
water;

2. water necessary on an emergency and temporary basis, provided that the Wholesale
Customer promptly gives San Francisco notice of the nature of the emergency, the amount of water that has been or is to be purchased, and the expected duration of the emergency; or

3. water in excess of a Wholesale Customer’s Individual Supply Guarantee.

Minimum Annual Purchase Quantities. Alameda County Water District and the cities of Milpitas, Mountain View and Sunnyvale may purchase water from sources other than San Francisco, provided that San Francisco shall require that each purchase a minimum annual quantity of water from San Francisco. These Minimum Annual Purchase Quantities are set out in Attachment E and shall also be included in the Individual Water Sales Contracts between San Francisco and each of these four Wholesale Customers (collectively referred to as the Original Minimum Purchase Customers). Pursuant to Section 3.04, certain Wholesale Customers may also be required to purchase Temporary Modified Minimum Annual Purchase Quantities, set out in Attachment E-1, from San Francisco. Attachment E will be updated pursuant to Section 3.04 to reflect any reduction in existing Minimum Annual Purchase Quantities and any addition of new Minimum Annual Purchase Quantities when Temporary Modified Minimum Annual Purchase Quantities expire and are removed from Attachment E-1; Individual Water Sales Contracts between San Francisco and any Wholesale Customers who are participants in a transfer under Section 3.04 will similarly be amended, as necessary.

1. Annual Notice. After the end of each fiscal year, the SFPUC will send a written notice to each Wholesale Customer with a Minimum Annual Purchase Quantity, or a Temporary Modified Minimum Annual Purchase Quantity with a copy to BAWSCA. The notice will include:

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2 21645394.9
(a) the quantity of water
delivered to each of those Wholesale Customers individually and all of the Original Minimum Purchase Customers colle
ctively during the previous fiscal year;
(b) each Wh
olesale Customer’s individual Minimum Annual Purchase Quantity or Temporary Modified Minimum Ann
ual Purchase Quantity (as adjusted for a Rebound Year,
if applicab
le, under Section 3.07.C.2);
(c) whether or not each
Wholesale Customer met its individual Minimum Annual Purchase Quantity or Temporary Modified Minimum Ann
ual Purchase Quantity (as adjusted for a
Rebound Year, if applica
ble);
(d) whether or not the Original Minimum
Purchase Customers collectively purchased a
volume of water from Sa
n Francisco that is equal to or greater than the sum of their four Minimu
m Annual Purchase Quantities (as adjusted for a Rebound Year, if applicable); (e) any Imputed Sales charged to th
e Wholesale Customers; and
(f) the status of any Temporary Modified Minimum Annual Purchase Quantities of the Wholesale Customers.

2. Waiver and Rebound Year. The minimum annual purchase requirements set out in Attachments E and E-1 will be waived during a Drought or other period of water shortage if the water San Francisco makes available to these Wholesale Customers is less than their Minimum Annual Purchase Quantities or Temporary Modified Minimum Annual Purchase Quantities, and may be waived during a state of emergency declared by the Governor of California that impacts water supply use or deliveries from the Regional Water System. Once the waiver is no longer in effect, each of the minimum annual purchase requirements set out in Attachments E and E-1 shall be temporarily set, for one full fiscal year (referred to as the Rebound Year), to the midpoint between (1) the Wholesale Customer’s actual San Francisco purchases for the final year in which the waiver was in effect, up to a maximum of the Customer’s Minimum Annual Purchase Quantity or Temporary Modified Minimum Annual Purchase Quantity, and (2) the Wholesale Customer’s Minimum Annual Purchase Quantity or Temporary Modified Minimum Annual Purchase Quantity set out in Attachment E or Attachment E-1, as applicable. Any fiscal year in which a Wholesale Customer meets its Rebound Year-adjusted Temporary Modified Minimum Annual Purchase Quantity, but not its standard Temporary Modified Minimum Annual Purchase Quantity, will not count as a fiscal year in which the Wholesale Customer has met or exceeded its Temporary Modified Minimum Purchase Quantity for the purposes of Section 3.04.C(4)(a).

Minimum Annual Purchase Quantity Reset. As shown on Attachment E, in Fiscal

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3 21645394.9
Year 2025-26, the Parties reset the t
hen-existing Minimum Annual Purchase Quantities of the
Original Minimum Purchase Customers to 80% of the average San Francisco purchases of each Customer over the four most recent non-drought years preceding Fiscal Year 2024-25, effective for Fiscal Year 2024-25. If the Parties extend the Term of this Agreement beyond June 30, 2034 pursuant to Section 2.02, the Parties will review the Minimum Annual Purchase Quantities of the Original Minimum Purchase Customers again ten years after the Fiscal Year 2025-26 reset. If the Original Minimum Purchase Customers, or San Francisco, want to propose a reset of the Minimum Annual Purchase Quantities for Fiscal Year 2035-36, they will provide written notice on or before June 30, 2034. The Parties will meet and confer promptly to evaluate written reset proposals. By November 30, 2035, if the Parties have come to an agreement, the SFPUC will calculate the revised Minimum Annual Purchase Quantities based on the agreed upon methodology and provide written notice to the Original Minimum Purchase Customers and BAWSCA. The Original Minimum Purchase Customers will have at least 15 business days to review and meet and confer with the SFPUC with any questions or concerns before the revised quantities are finalized. If the Parties are unable to come to an agreement, the then-existing Minimum Annual Purchase Quantities will remain unchanged. Any changes to the Minimum Annual Purchase Quantities under this Section

Collective Minimum Annual Purchase Quantities Considered Before Application of Imputed Sales. Imputed Sales will not apply to any of the individual Original Minimum Purchase Customers in a particular fiscal year if those Customers have collectively purchased a volume of water from San Francisco that is equal to or greater than the sum of their four Minimum Annual Purchase Quantities shown in Attachment E (or adjusted for a Rebound Year pursuant to Section

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21428629.4
Proposed 2025 Amended and Restated Water Supply Agreement: Sections 2.03, 3.09, and

9.07, and Attachment A Definitions.

2.03. Amendments .

C. Amendments to Attachments. The following attachments may be amended with the written concurrence of San Francisco and BAWSCA on behalf of the Wholesale Customers:

Attachment Name

C Individual Supply Guarantees (amendments reflecting Section

3.04 transfers only)
E Minimum Annual Purchase Quantities (amendments reflecting Section 3.04 transfers and Section 3.07 resets only)
E-1
Temporary Modified Minimum Annual Purchase Quantities
G
Water Quality Notification and Communications Plan
(as may be amended)
J Water Use Measurement and Tabulation
L-1
Identification of WSIP Projects as Regional/Retail
N-1
Balancing Account/Rate Setting Calculation Table
N-2
Wholesale Revenue Requirement Schedules
N-3
Schedule of Projected Water Sales, Wholesale Revenue
Requirement and Wholesale Rates
P Management Representation Letter
R Classification of Existing System Assets (subject to Section

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21428629.4

3.09. Completion of WSIP
San Francisco will comp
lete construction of the physical facilities in the WSIP by June 30, 2032. The SFPUC agrees to provide for full public review and comment by local and state interests of any proposed changes that delay previously adopted project completion dates or that delete projects. The SFPUC shall meet and consult with BAWSCA before proposing to the Commission any changes in the scope of WSIP projects which reduce their capacity or ability to achieve adopted Level of Service Goals and Objectives. The SFPUC retains discretion to determine whether to approve the physical facilities in the WSIP until after it completes the CEQA process as set forth in Section 4.07.

9.07. City of Brisbane, Guadalupe Valley Municipal Improvement District, Town of Hillsborough
A. The parties acknowledge that San Francisco has heretofore provided certain quantities of
water to the City of Brisbane (“Brisbane”), Guadalupe Valley Municipal Improvement District (“Guadalupe”) and the Town of Hillsborough (“Hillsborough”) at specified rates or without charge pursuant to obligations arising out of agreements between the predecessors of San Francisco and these parties, which agreements are referred to in judicial orders, resolutions of the SFPUC and/or the 1960 contracts between San Francisco and Brisbane, Guadalupe and Hillsborough. The parties intend to continue those arrangements and accordingly agree as follows:

1. Nothing in this Agreement is intended to alter, amend or modify the terms of SFPUC Resolution No
. 74-0053 or the indenture of July 18, 1908 between the Guadalupe Development Company and the Spring Valley Water Company.

2. Nothing in this Agreement is intended to alter, amend or modify the Findings of
Fact and Conclusions of Law and Judgment dated May 25, 1961 in that certain action entitled City and County of San Francisco v. Town of Hillsborough in the Superior Court of the State of California in and for the County of Marin, No. 23282, as modified by the Satisfaction of Judgment filed October 23, 1961 and the Compromise and Release between Hillsborough and San Francisco dated August 22, 1961. The rights and obligations of Hillsborough under these documents shall continue as therein set forth.

3. Nothing in this Agreement is intended to affect or prejudice any claims, rights or re
medies of Guadalupe or of Crocker Estate Company, a corporation, or of Crocker

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21428629.4
Land Company, a corporation, or of San Francisco, or of their successors and assigns, respectively, with respect to or arising out of that certain deed dated May 22, 1884, from Charles Crocker to Spring Valley Water Works, a corporation, recorded on May 24, 1884, in Book 37 of Deeds at page 356, Records of San Mateo County, California, as amended by that certain Deed of Exchange of Easements in Real Property and Agreement for Trade in Connection Therewith, dated July 29, 1954, recorded on August 4, 1954, in Book 2628, at page 298, Official Records of said San Mateo County, or with respect to or arising out of that certain action involving the validity or enforceability of certain provisions of said deed entitled City and County of San Francisco v. Crocker Estate Company, in the Superior Court of the State of California in and for the County of Marin, No. 23281.

Attachment A - Definitions

“Imputed Sales” apply when a Wholesale Customer does not meet the minimum annual purchase requirements of Section 3.07.C, as shown on Attachment E and Attachment E-1, except in fiscal years in which a waiver of these requirements is in effect. Imputed Sales are calculated as the difference between (1) a Wholesale Customer’s metered water purchases during a fiscal year, from July 1 to June 30, and (2) the larger of (a) or (b) as follows: (a) the Wholesale Customer’s Minimum Annual Purchase Quantity, as specified in Attachment E and may be adjusted pursuant to Section 3.07.C.2, or (b) the Wholesale Customer’s Temporary Modified Minimum Annual Purchase Quantity, as specified in Attachment E-1 and may be adjusted pursuant to Section 3.07.C.2. If a Wholesale Customer has more than one Temporary Modified Minimum Annual Purchase Quantity, the largest quantity is used for calculating Imputed Sales. Imputed Sales are considered wholesale water usage for the purposes of calculating the Proportional Annual Use, and any fees charged for Imputed Sales are considered wholesale revenues.

“Level of Service Goals and Objectives” refers to the “Phased WSIP Goals and Objectives” adopted by the Commission in Resolution No. 08-0200 dated October 30, 2008 as part of the approval of the WSIP, as updated and expanded by the "2023 Amended and Updated Water Enterprise Level of Service Goals and Objectives," adopted by the Commission in Resolution No. 23-0210 dated November 28, 2023, and any amendments that may be adopted by the Commission.

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21464591.6

ATTACHMENT E

MINIMUM ANNUAL PURCHASE QUANTITIES
(Section 3.07.C)

AGENCY MINIMUM ANNUAL PURCHASE QUANTITY
(IN MGD)1
Alameda County Water District 6.682
City of Milpitas 4.371
City of Mountain View 6.047
City of Sunnyvale 7.412
1 In Fiscal Year (FY) 2025-26, the then-existing Minimum Annual Purchase Quantities for Alameda County Water District and the Cities of Milpitas, Mountain View, and Sunnyvale were reset to 80% of each of those four customers’ average San Francisco purchases over the four non-drought years preceding FY 2024-25 (FY 2017-18, FY 2018-19, FY 2019-20, and FY 2020-21), effective FY 2024-25. Prior to this reset, from the effective date of this Agreement (July 1, 2009) through FY 2023-24, those four customers had the following Minimum Annual Purchase Quantities:

1. Alameda County Water District: 7.648 MGD

2. City of Milpitas: 5.341 MGD

3. City of Mountai n View: 8.930 MGD

4. City of Sunnyvale: 8.930 MGD

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21464584.11
ATTACHMENT E-3

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228

A B C D
E = (D[LINE #]
/ D5) × (B5 -
A5)
MAPQ
RWS
Use
(mgd)
RWS
Over
MAPQ
(mgd)
RWS
Under
MAPQ
(mgd)
Proportion of
Use Under
Total MAPQ
(mgd)
1 Alameda County Water District 6.682 7.182 0.50 N/A
2 City of Milpitas 4.371 3.871 -0.50 -0.25
3 City of Mountain View 6.047 4.547 -1.50 -0.75
4 City of Sunnyvale 7.412 7.912 0.50 N/A
5 Total 24.512 23.512 1.00 -2.00 -1.0
1 Minimum Annual Purchase Quantity (MAPQ)
2 In Scenario 1, the Original Minimum Purchase Customers’ collective purchases from San Francisco in a particular fiscal year (Line 5B) are equal to the sum of their Minimum Annual Purchase Quantities (Line 5A). Therefore, no Imputed Sales are applied to individual Original Minimum Purchase Customers that purchased less than their individual Minimum Annual Purchase Quantities (in this scenario, Milpitas and Mountain View). 3 Regional Water System (RWS)
4 In Scenario 2, the Original Minimum Purchase Customers’ collective purchases from San Francisco in a particular fiscal year (Line 5B) are 1.0 mgd less than the sum of their Minimum Annual Purchase Quantities (Line 5A).

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21464584.11

Scenario 3: Collective Purchases Equal to or Greater Than Sum of MAPQs – with Rebound Year-Adjusted MAPQs (No Imputed Sales)5 Line # Wholesale Custome r
A B
C = A -
((A[LINE #] -
B[LINE #]) / 2) D E F
G = (F[LINE #] /
F5) × (D5 - C5)
MAPQ
RWS Use
in Waiver’s
Final Year
Rebound
Year-Adjusted
MAPQ
RWS Use
(mgd)
RWS Over
Rebound
Year-
Adjusted
MAPQ (mgd)
RWS Under
Rebound
Year-
Adjusted
MAPQ (mgd)
Proportion of
Use Under
Total Rebound
Year-Adjusted
MAPQ (mgd)
1 Alameda County Water District 6.682 5.682 6.182 7.512 1.33 N/A 2 City of Milpitas 4.371 3.371 3.871 3.591 -0.28 N/A 3 City of Mountain View 6.047 5. 047 5.547 4.847 -0.70 N/A 4 City of Sunnyvale 7.412 6.412 6.912 7.782 0.87 N/A 5 Total 24.512 20.512 22.5 12 23.732 2.20 -0.98 N/A

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1 21606945.9
ATT

ACHMENT H

WATER SHORTAGE ALLOCATION PLAN
This Water Shortage Allocation Plan (“Plan”), also known as the Tier 1 Shortage Plan, describes the method for allocating water between the San Francisco Public Utilities Commission (“SFPUC”), on the one hand, and the Wholesale Customers collectively, on the other, during shortages caused by drought.

The Plan also implements a method for allocating water among the individual Wholesale Customers, known as the Tier 2 Drought Response Implementation Plan (“Tier 2 Plan”), which has separately been adopted by the Wholesale Customers and does not include the SFPUC. The Plan includes provisions for transfers, banking, and excess use charges. The Plan applies only when the SFPUC determines that a system-wide water shortage due to drought exists, and all references to “shortages” and “water shortages” are to be so understood. This Plan was initially adopted pursuant to Section 7.03(a) of the 1984 Settlement Agreement and Master Water Sales Contract and has been incorporated and updated to correspond to the terminology used in the 2009 Water Supply Agreement between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County and Santa Clara County (“Agreement”), as amended and restated from time to time.

SECTION 1. SHORTAGE CONDITIONS

1.2 Projected SFPUC Customer Purchases. The SFPUC will utilize purchase data, including volumes of water purchased by the Wholesale Customers and by Retail Customers (as those terms are used in the Agreement) in the year immediately prior to the drought, along with other available relevant information, as a basis for determining projected system-wide water purchases from the SFPUC for the upcoming Supply Year (defined as the period from July 1 through June 30).

1.3. Shortage Conditions. The SFPUC will compare the projected available water supply (Section 1.1) with projected system-wide water purchases (Section 1.2). A shortage condition exists if the SFPUC determines that the projected available water supply is less than projected system-wide water purchases in the upcoming Supply Year. When a shortage condition exists, SFPUC will determine whether voluntary or mandatory actions will be required to reduce purchases of SFPUC water to required levels.

1.3.1 Voluntary Response. If the SFPUC determines that voluntary actions will be sufficient to accomplish the necessary reduction in water use throughout its service area, the SFPUC and the Wholesale Customers will make good faith efforts to reduce their water purchases to stay within their annual Tier 1 and Tier 2 allocations as applicable (see Section 2 of this Attachment H) and associated monthly water use budgets. The SFPUC will not impose excess use charges during periods of voluntary rationing, but may suspend the prospective accumulation of water bank credits, or impose a ceiling on further accumulation of bank credits, consistent with Section 3.2.1 of this Plan.

1.4. Period of Shortage. A shortage period commences when the SFPUC determines that a water shortage exists, as set forth in a declaration of water shortage emergency issued by the SFPUC pursuant to

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2 21606945.9
California Water Code Sections 350 et seq. Termination of the water shortage emergency will be declared by resolution of the SFPUC.

SECTION 2. SHORTAGE ALLOCATIONS

Foster City City CouncilSeptember 2, 2025

Foster City City Council
September 2, 2025