9 compensation, and selection for training, including apprenticeship. The CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.
The CONSULTANT complies with all Equal Employment Opportunity ("EEO") and non-discrimination requirements pursuant to applicable State of California and federal statutes.
15. Notice. All notices required by this Agreement shall be given to the CITY and CONSULTANT in writing, by first class mail, postage prepaid, addressed as follows:
CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Thai-Chau Le
CONSULTANT: Willdan Financial Services
27368 Via Industria, Suite 200
Temecula, CA 92590
Attention: Chris Fisher
16. Assignment. This is an agreement for the personal services of CONSULTANT. CITY has relied upon the skills, knowledge, experience and training of CONSULTANT and the CONSULTANT’s firm, associates and employees as an inducement to enter into this Agreement.
CONSULTANT shall not assign or subcontract this Agreement without CITY’s express written consent. Further, CONSULTANT shall not assign any monies due or to become due under this Agreement without CITY’s prior written consent.
17. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.
18. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
19. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated Item 5.4
10 by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.
20. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.
21. Conflict of Interest. CONSULTANT may serve other clients, but none who conduct business that would place CONSULTANT in an actual, nonwaivable "conflict of interest" as that term is defined in State law.
22. Liability of CITY. Except as provided in Exhibit B, Services to be Provided by CONSULTANT and Exhibit D, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,
Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.
CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY. The acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONSULTANT, its employees, CITY employees or third parties, or to property belonging to any of the above.
Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies Item 5.4
11 of CITY or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.
23. Confidentiality. Any non-public confidential information, whether proprietary or not, made known to or discovered by CONSULTANT during the performance of or in connection with this Agreement for CITY, will be kept confidential and not be disclosed to any other person. CONSULTANT will immediately notify CITY in writing if it is requested to disclose any information made known to or discovered by during the performance of or in connection with this Agreement except to the extent disclosure is required by law, court order, professional obligations, insurer requirements, or the California Public Records Act.
These confidentiality service provisions and limitations shall remain fully effective indefinitely after termination of services and work to CITY hereunder.
24. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.
25. Entire Agreement. This Agreement, including Exhibits A, B, C, D and E, comprises the entire Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.
CITY OF FOSTER CITY
Dated: _________________________________
Art Kiesel, Mayor
ATTEST:
Dated: ________________________________
Priscilla Schaus, City Clerk Secretary
Item 5.4
12 APPROVED AS TO FORM
Dated:
Benjamin Stock,
City Attorney Legal Counsel
CONSULTANT
Dated:
Chris Fisher
Vice President/Director
Item 5.4
13 EXHIBIT A
SAMPLE TASK ORDER
TASK ORDER NO. [INSERT TASK No.]
TO MASTER ECONOMIC AND FISCAL ANALYSIS SERVICES AGREEMENT This Task Order No. _______ ("Task Order") is made and entered into by and between the City of Foster City (“City”) and [______________________] ("Consultant").
RECITAL
A. City and Consultant entered into an agreement entitled [______________________] ("Agreement"), by which the Consultant agreed to perform ___________________________________________________________ services in accordance with Task Orders issued by the City.
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. INCORPORATION BY REFERENCE. This Task Order hereby incorporates by reference all items and conditions set forth in the Agreement.
2. SCOPE OFT ASK ORDER. Consultant shall perform the services described in Exhibit "B," attached hereto and incorporated herein by reference, in accordance with the terms and conditions of the Agreement.
3. PAYMENT. For services performed by Consultant in accordance with this Task Order, City will compensate Consultant in accordance with the terms and conditions of the Agreement, in an amount not to exceed $_______________(including all hourly billings as well as reimbursable costs.
4. SIGNATURES. The individuals executing this Task Order represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Task Order on behalf of the respective legal entities of the Consultant and the City.
IN WITNESS WHEREOF, the City and Consultant do hereby agree to the full performance of the terms set forth herein.
City of Foster City Consultant
_____________________________ _________________________ By:___________________________ By: [______________________] Title: City Manager if < $50,000 Title: [_____________________] Mayor/President if > $50,000
Date: _________________________ Date: _____________________ Tax ID No.: ______________
Item 5.4
14 EXHIBIT B
SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS, AND SCHEDULE, [______________________] SERVICES
[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW FOR EACH TASK ORDER]
SERVICES TO BE PROVIDED
This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated___________, by and between [______________________], hereinafter referred to as "CONSULTANT" and the City of Foster City, hereinafter referred to as "CITY" providing for professional services.
1. Description of the Project:
1.1 DESCRIPTION: Description of Project
2. Basic Services:
The CITY has developed a general scope of work as described below.
PAYMENTS
1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:
Maximum Payment Amount
2. METHODS OF PAYMENT FOR CONSULTANT’S SERVICES AND EXPENSES:
List Methods of Payment
3. TIMES OF PAYMENTS.
List Times of Payments
PROJECTS AND SCHEDULE
List Project Schedule (IF APPLICABLE)
END OF EXHIBIT B
Item 5.4
15 EXHIBIT C
FEE SCHEDULE
Item 5.4
16 EXHIBIT D
INSURANCE FORMS
CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified herein on the attached form. No substitute form will be accepted.
This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated [_____], by and between [______________________], hereinafter referred to as "Consultant”, and City of Foster City, hereinafter referred to as "City", providing for professional services.
1. Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Consultant's acts, errors, or omissions in connection with the performance of Consultant's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Consultant shall not perform any work under this Agreement until Consultant has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shall supply proof that such person is an authorized representative thereof and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. Consultant shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Consultant or City as an additional insured.
1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence and four million dollars ($4,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council/Board members, officials, agents, officers, volunteers and employees”.
Item 5.4
17 ☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and nonowned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least one million dollars ($1,000,000) each occurrence.
☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.
Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than two million dollars ($2,000,000) per occurrence and two million dollars ($2,000,000) aggregate.
1.2 Self-Insured Retention
Any self-insured retentions in excess of $100,000 must be declared on the Certificate of insurance or other documentation provided to City and must be approved by the City Risk Manager.
1.3 Claims-Made Basis Coverage
If any of the insurance coverages required under this Agreement is written on a claims-made basis, Consultant, at Consultant's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.
2. City as Additional Insured
On Consultant's Commercial General Liability and Automobile policies, the City of Foster City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.
3. Insurance terms and conditions:
3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by consultant shall be maintained until the completion of all of Consultant's obligations under this Agreement except as otherwise Item 5.4
18 indicated herein. Each insurance policy supplied by consultant shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Consultant in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein. Consultant shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.
3.2 All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A-; VII Any exception to these requirements must be approved by the City Risk Manager.
3.3 If Consultant is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above. The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above-required coverages.
3.4 For any claims related to the Agreement, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Consultant for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.
3.6 Failure by Consultant to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Consultant. City, at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach.
Alternatively, City may purchase such required insurance coverage, and without further notice to Consultant, City shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Consultant agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.
3.7 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defenses costs be included in such general aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.
Item 5.4
19 ATTACHED
1. Insurance Coverage Form
Item 5.4
20 EXHIBIT D
This INSURANCE COVERAGE FORM modifies, or documents insurance provided under the following:
Named Insured: Effective Work Date(s):
Description of Work/Locations/Vehicles:
ADDITIONAL INSURED: City of Foster City (CITY)
610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer Policy
No.
General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note:
MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.
Other:
Certificates of Insurance Required (no endorsement needed) (Check all that apply) Insurer Policy No.
Workers Compensation: work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.
Professional Liability:
PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.
SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.
PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.
CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.
WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY, its elected or appointed officers, officials, agents, volunteers, and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY.
Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.
SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ______________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:
ADDRESS:
TELEPHONE: ( ) DATE ISSUED:
END OF EXHIBIT D
Item 5.4
21 EXHIBIT E
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City hereinafter called "CITY” and [______________________] (“Consultant”) dated [______________].
1. Definitions
A. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.
B. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the Consultant (which for purposes herein includes all subconsultants) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID19, and other circumstances concerning COVID-19 not caused by the Consultant and which are beyond its reasonable control.
C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. Consultant acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Consultant’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Consultant shall follow the most applicable, restrictive and newest COVID-19 Proclamations.
D. An “Unknown COVID-19 Condition” is a COVID-19 Condition the Consultant did not know about, and reasonably should not have known about, as of the date the Consultant submitted its proposal. The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the Consultant will be deemed to have knowledge of those requirements.
E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID19 Condition; (ii) is reasonable under the circumstances; (iii) is not the result of the Consultant’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subconsultants failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.
2. COVID-19 Conditions and Proposal. Consultant is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the Consultant’s price and schedule. In order to be entitled to any relief from a COVID19 Condition, the Consultant must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.
3. Compliance with COVID-19 Proclamations.
A. Consultant shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of the Services. The cost of such compliance is non-compensable, except as otherwise expressly stated herein.
B. Consultant is responsible to ensure that its subconsultants and suppliers comply with COVID19 Proclamations at all times in connection with the performance of their Services.
4. Delay. The Consultant is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.
5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the Consultant may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The Consultant is entitled to a Item 5.4
22 time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Consultant incurs increased costs that are Unknown COVID-19 Costs.
6. Compensation for COVID-19 Costs. City will reimburse the Consultant for costs attributable to COVID-19, and which are not included in the schedule of values, only if the cost is an Unknown COVID19 Cost.
7. Safe Work Practices. Consultant shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subconsultants, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. Consultant remains fully responsible for following and complying with changes to recommended safe work practices from time to time.
8. Monitoring and Reporting. City may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Consultant shall immediately report to City any outbreaks of COVID-19 among its workers. The Consultant shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.
9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
IN WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.
CONSULTANT: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ [__________________] [___________________], Mayor
END OF EXHIBIT E
Item 5.4
1 MASTER PROFESSIONAL SERVICES AGREEMENT
FOR
ECONOMIC AND FISCAL ANALYSIS SERVICES
This Agreement is made and entered into as of the 22nd day of September, 2026 by and between the City of Foster City hereinafter called "CITY" and DTA hereinafter called "CONSULTANT".
RECITALS
This Agreement is entered into with reference to the following facts and circumstances:
WHEREAS, CITY desires to retain CONSULTANT to provide professional economic and fiscal analysis services and related consulting services; WHEREAS, It is anticipated that, as a need arises for CONSULTANT to provide services, CITY will issue Task Orders to CONSULTANT (in a form substantially similar to that set forth in Exhibit “A,” attached hereto and incorporated by reference which more particularly describes the scope of services to be performed);
WHEREAS, In reliance upon CONSULTANT's documentation of its qualifications, the CITY finds that CONSULTANT has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested services.
WHEREAS, That CONSULTANT is specially trained, experienced and competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:
TERMS AND CONDITIONS
1. Services. The services to be performed by CONSULTANT under this Agreement shall include those services set forth in each Task Order and Exhibit “B,” Scope of Services, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.
Performance of the work specified in said Exhibit B and each Task Order is hereby made an obligation of CONSULTANT under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.
Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit B and in each Task Order.
Item 5.4
2 1. Term; Termination.
(a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. Initial contract period shall be from September 22, 2026 and expires on September 22, 2031 Renewal shall be by mutual consent of CONSULTANT AND CITY as approved by the City Council Board. CONSULTANT shall not commence Services or work until a Notice to Proceed is issued by CITY.
(b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion.
(c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for direct damages actually incurred by CITY to the extent caused by CONSULTANT’s uncured material breach. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, by providing no less than seven (7) days’ written notice, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense.
CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.
2. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “C” hereof, attached hereto and by this reference incorporated herein.
Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the total amount identified in all Task Orders issued by the City against this agreement. The Consultant shall only be paid for services performed under this Agreement to the extent authorized by written Task Order. No Item 5.4
3 overhead or other expenses can be recovered for interim periods when the Consultant’s services are not utilized by the City. Invoices for amounts in excess of each Task Order shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by CITY’s Manager (for contracts less than $50,000) or CITY Board (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.
Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed. Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisfaction of CITY including, without limitation, CONSULTANT's transmittal of all deliverables to CITY required by EXHIBIT B and each Task Order.
CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit B and each Task Order, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement, provided, however, that CONSULTANT shall be entitled to monthly payment for Services properly performed and costs incurred during the applicable billing period, whether or not such Services result in a completed deliverable during that billing period. CITY shall not unreasonably withhold, condition, or delay acceptance of deliverables or payment of undisputed amounts.
In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.
CITY will not withhold any Federal or State income taxes or Social Security tax from any payments made by CITY to CONSULTANT under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of CONSULTANT.
CITY has no responsibility or liability for payment of CONSULTANT’s taxes or assessments.
Item 5.4
4 4. Performance of Services. No work shall be performed under this Agreement except to the extent the CONSULTANT receives a Task Order from the CITY’s Authorized Representative. The CITY will request proposals from the CONSULTANT for each Task Order when services are needed.
CONSULTANT shall respond with a scope and cost proposal in a reasonably prompt manner, no later than fifteen (15) calendar days after CITY’s request. Such proposal shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Upon the approval of the terms of the proposal by CITY’s Manager (for contracts less than $50,000) or CITY Council (for contracts $50,000 or more) by motion duly made and carried, the CITY's Authorized Representative shall issue a Task Order against this agreement. CONSULTANT shall commence performance and shall complete all required services no later than the dates set forth in accordance with the approved Task Order. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such Task Order.
5. Records and Audit. CONSULTANT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by CONSULTANT hereunder. Said records shall be available to CITY for review and copying during regular business hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.
CONSULTANT shall prepare and maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this Agreement. This includes any handwriting, typewriting, printing, photo static, photographing and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof.
Any authorized representative of CITY shall have access to any writings as defined above for the purposes of making audit, evaluation, examination, excerpts and transcripts during the period such records are to be maintained by CONSULTANT. Further, CITY has the right at all reasonable times to audit, inspect or otherwise evaluate the services and work performed or being performed under this Agreement.
Item 5.4
5 6. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.
7. Reliance on Professional Skill of CONSULTANT. CONSULTANT represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.
CONSULTANT represents that it has reviewed Exhibit B and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Schedule established in Exhibit B.
CONSULTANT represents that it possesses all necessary training, licenses, certificates, and permits required by the federal, state, CITY or municipal governments to perform the Services. Such licenses, certificates and permits must be valid at the time CONSULTANT enters into this Agreement and must be maintained during the term of this Agreement in full force and effect. Licenses, certificates and permits may include but are not limited to driver’s licenses, professional licenses or certificates and business licenses. Such licenses, certificates and permits will be procured and maintained in force by CONSULTANT at no expense to CITY.
CONSULTANT represents that its performance of the Services will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.
The granting of any progress payment by CITY, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of CITY or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 7 or lessen the liability of CONSULTANT for unsatisfactory Services, including but not limited to cases where the defective or below standard Services may not have been apparent or detected at the time of such payment, inspection, review or approval.
CONSULTANT’s services are advisory and technical in nature. CITY retains sole responsibility for legal determinations, policy decisions, public notices, hearings, adoption of fees or ordinances, and implementation of any fiscal, nexus, or economic analysis. CONSULTANT does not provide legal advice.
Item 5.4
6 8. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY provided that CONSULTANT retains ownership of its pre-existing materials, templates, tools, models, formulas, methodologies, software, know-how, and internal work papers.
CONSULTANT grants CITY a nonexclusive license to use the final deliverables for the purposes for which they were prepared.
Notwithstanding the above, computer software (including without limitation financial models, compilations of formulas and spreadsheet models) and products derived from such software, prepared by CONSULTANT are Instruments of Service of CONSULTANT and shall remain the property of CONSULTANT. CONSULTANT shall likewise retain all common law, statutory and other reserved rights, including the copyright thereto.
However, the fixed final work product delivered by CONSULTANT shall belong to the CITY.
9. Relationship of Parties. It is understood that the relationship of CONSULTANT to the CITY is that of an independent contractor and all persons working for or under the direction of CONSULTANT are its agents or employees and not agents or employees of the CITY.
10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit B; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of CONSULTANT’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONSULTANT’s officers or employees.
CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.
11. Indemnity.
(a) To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), CONSULTANT shall defend, indemnify, and hold harmless City of Foster City, its officers, directors, officials, agents, employees, and volunteers (collectively, “Indemnitees”) from and against any and all claims, suits, expenses, liability, cause of action, loss, cost, damage, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), of every kind, nature, and description, at law or equity, (including without limitation, incidental and Item 5.4
7 consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) (collectively “Liabilities”), that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control.
CONSULTANT’s obligations to indemnify, defend, hold harmless the Indemnitees shall not apply to the extent that such Liabilities are caused in whole or in part by the sole negligence, active negligence, or willful misconduct of such Indemnitee but shall apply to all other Liabilities.
If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.
(b) Intellectual Property Indemnification. CONSULTANT represents that professional services provided by CONSULTANT pursuant to this Agreement does not infringe on any other copyrighted work or intellectual property owned by others. CONSULTANT shall defend, indemnify and hold harmless CITY from all Liabilities, that may at any time arise for any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other proprietary right of any person or persons in arising from or relating to CONSULTANT’s services provided to CITY under this Agreement.
(c) CONSULTANT shall place in its agreements with Subconsultants and cause its Subconsultants to agree to the indemnification and insurance provisions in this Agreement in favor of CITY and the Indemnitees in the exact form and substance as those contained in this Agreement. (d) CITY acknowledges that the discovery, presence, handling or removal of asbestos products, polychlorinated biphenyl (PCB) or other hazardous substances which may presently exist at the any Project site is outside of CONSULTANT’s responsibilities and is not included in the scope of Services CONSULTANT is to perform nor included in CONSULTANT’s insurance. CITY shall hire hazardous materials consultant if the Project requires the testing or remediation of hazardous substances.
CONSULTANT shall not be responsible or be involved in any way with the discovery, presence, handling or removal of such materials.
CONSULTANT shall, however, be responsible for the coordination of CONSULTANT’s services and work with the work of CITY’s hazardous materials consultants.
Item 5.4
8 (e) Duty to Cooperate. CONSULTANT shall notify CITY immediately in writing of any claim or damage related to activities or services performed under this Agreement. CONSULTANT shall cooperate with CITY in the investigation and disposition of all Liabilities arising out of the activities or services under this Agreement. Without limiting the foregoing, CONSULTANT shall take all steps necessary to assist CITY in the defense of any and all Liabilities brought by a contractor hired to construct the Project regarding any errors, flaws, and/or omissions in the plans or specifications of the Project. Any additional services or work under this paragraph shall be compensated as Additional Services.
12. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT D, Insurance, which are attached and made a part of this Agreement.
CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT D. In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY for such expense).
CONSULTANT shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service. In the event CONSULTANT fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.
13. WORKERS' COMPENSATION. CONSULTANT certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.
14. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of Item 5.4
9 compensation, and selection for training, including apprenticeship. The CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.
The CONSULTANT complies with all Equal Employment Opportunity ("EEO") and non-discrimination requirements pursuant to applicable State of California and federal statutes.
15. Notice. All notices required by this Agreement shall be given to the CITY and CONSULTANT in writing, by first class mail, postage prepaid, addressed as follows:
CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Thai-Chau Le
CONSULTANT: DTA
2250 Hyde Street, 5th Floor
San Francisco, CA 94109
Attention: Kuda Wekwete
16. Assignment. This is an agreement for the personal services of CONSULTANT. CITY has relied upon the skills, knowledge, experience and training of CONSULTANT and the CONSULTANT’s firm, associates and employees as an inducement to enter into this Agreement.
CONSULTANT shall not assign or subcontract this Agreement without CITY’s express written consent. Further, CONSULTANT shall not assign any monies due or to become due under this Agreement without CITY’s prior written consent.
17. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.
18. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
19. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated Item 5.4
10 by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.
20. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.
21. Conflict of Interest. CONSULTANT may serve other clients, but none who conduct business that would place CONSULTANT in an actual, nonwaivable "conflict of interest" as that term is defined in State law.
22. Liability of CITY. Except as provided in Exhibit B, Services to be Provided by CONSULTANT and Exhibit D, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,
Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.
CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY. The acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONSULTANT, its employees, CITY employees or third parties, or to property belonging to any of the above.
Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies Item 5.4
11 of CITY or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.
23. Confidentiality. Any non-public confidential information, whether proprietary or not, made known to or discovered by CONSULTANT during the performance of or in connection with this Agreement for CITY, will be kept confidential and not be disclosed to any other person. CONSULTANT will immediately notify CITY in writing if it is requested to disclose any information made known to or discovered by during the performance of or in connection with this Agreement except to the extent disclosure is required by law, court order, professional obligations, insurer requirements, or the California Public Records Act.
These confidentiality service provisions and limitations shall remain fully effective indefinitely after termination of services and work to CITY hereunder.
24. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.
25. Entire Agreement. This Agreement, including Exhibits A, B, C, D and E, comprises the entire Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.
CITY OF FOSTER CITY
Dated: _________________________________
Art Kiesel, Mayor
ATTEST:
Dated: ________________________________
Priscilla Schaus, City Clerk Secretary
Item 5.4
12 APPROVED AS TO FORM
Dated:
Benjamin Stock,
City Attorney Legal Counsel
CONSULTANT
Dated:
Kuda Wekwete,
Managing Director
Item 5.4
13 EXHIBIT A
SAMPLE TASK ORDER
TASK ORDER NO. [INSERT TASK No.]
TO MASTER ECONOMIC AND FISCAL ANALYSIS SERVICES AGREEMENT This Task Order No. _______ ("Task Order") is made and entered into by and between the City of Foster City (“City”) and [______________________] ("Consultant").
RECITAL
A. City and Consultant entered into an agreement entitled [______________________] ("Agreement"), by which the Consultant agreed to perform ___________________________________________________________ services in accordance with Task Orders issued by the City.
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. INCORPORATION BY REFERENCE. This Task Order hereby incorporates by reference all items and conditions set forth in the Agreement.
2. SCOPE OFT ASK ORDER. Consultant shall perform the services described in Exhibit "B," attached hereto and incorporated herein by reference, in accordance with the terms and conditions of the Agreement.
3. PAYMENT. For services performed by Consultant in accordance with this Task Order, City will compensate Consultant in accordance with the terms and conditions of the Agreement, in an amount not to exceed $_______________(including all hourly billings as well as reimbursable costs.
4. SIGNATURES. The individuals executing this Task Order represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Task Order on behalf of the respective legal entities of the Consultant and the City.
IN WITNESS WHEREOF, the City and Consultant do hereby agree to the full performance of the terms set forth herein.
City of Foster City Consultant
_____________________________ _________________________ By:___________________________ By: [______________________] Title: City Manager if < $50,000 Title: [_____________________] Mayor/President if > $50,000
Date: _________________________ Date: _____________________ Tax ID No.: ______________
Item 5.4
14 EXHIBIT B
SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS, AND SCHEDULE, [______________________] SERVICES
[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW FOR EACH TASK ORDER]
SERVICES TO BE PROVIDED
This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated___________, by and between [______________________], hereinafter referred to as "CONSULTANT" and the City of Foster City, hereinafter referred to as "CITY" providing for professional services.
1. Description of the Project:
1.1 DESCRIPTION: Description of Project
2. Basic Services:
The CITY has developed a general scope of work as described below.
PAYMENTS
1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:
Maximum Payment Amount
2. METHODS OF PAYMENT FOR CONSULTANT’S SERVICES AND EXPENSES:
List Methods of Payment
3. TIMES OF PAYMENTS.
List Times of Payments
PROJECTS AND SCHEDULE
List Project Schedule (IF APPLICABLE)
END OF EXHIBIT B
Item 5.4
15 EXHIBIT C
FEE SCHEDULE
Item 5.4
16 EXHIBIT D
INSURANCE FORMS
CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified herein on the attached form. No substitute form will be accepted.
This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated [_____], by and between [______________________], hereinafter referred to as "Consultant”, and City of Foster City, hereinafter referred to as "City", providing for professional services.
1. Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Consultant's acts, errors, or omissions in connection with the performance of Consultant's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Consultant shall not perform any work under this Agreement until Consultant has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shall supply proof that such person is an authorized representative thereof and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. Consultant shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Consultant or City as an additional insured.
1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence and four million dollars ($4,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council/Board members, officials, agents, officers, volunteers and employees”.
Item 5.4
17 ☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and nonowned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least one million dollars ($1,000,000) each occurrence.
☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.
Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than two million dollars ($2,000,000) per occurrence and two million dollars ($2,000,000) aggregate.
1.2 Self-Insured Retention
Any self-insured retentions in excess of $100,000 must be declared on the Certificate of insurance or other documentation provided to City and must be approved by the City Risk Manager.
1.3 Claims-Made Basis Coverage
If any of the insurance coverages required under this Agreement is written on a claims-made basis, Consultant, at Consultant's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.
2. City as Additional Insured
On Consultant's Commercial General Liability and Automobile policies, the City of Foster City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.
3. Insurance terms and conditions:
3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by consultant shall be maintained until the completion of all of Consultant's obligations under this Agreement except as otherwise Item 5.4
18 indicated herein. Each insurance policy supplied by consultant shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Consultant in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein. Consultant shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.
3.2 All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A-; VII Any exception to these requirements must be approved by the City Risk Manager.
3.3 If Consultant is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above. The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above-required coverages.
3.4 For any claims related to the Agreement, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Consultant for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.
3.6 Failure by Consultant to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Consultant. City, at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach.
Alternatively, City may purchase such required insurance coverage, and without further notice to Consultant, City shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Consultant agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.
3.7 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defenses costs be included in such general aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.
Item 5.4
19 ATTACHED
1. Insurance Coverage Form
Item 5.4
20 EXHIBIT D
This INSURANCE COVERAGE FORM modifies, or documents insurance provided under the following:
Named Insured: Effective Work Date(s):
Description of Work/Locations/Vehicles:
ADDITIONAL INSURED: City of Foster City (CITY)
610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer Policy
No.
General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note:
MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.
Other:
Certificates of Insurance Required (no endorsement needed) (Check all that apply) Insurer Policy No.
Workers Compensation: work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.
Professional Liability:
PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.
SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.
PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.
CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.
WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY, its elected or appointed officers, officials, agents, volunteers, and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY.
Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.
SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ______________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:
ADDRESS:
TELEPHONE: ( ) DATE ISSUED:
END OF EXHIBIT D
Item 5.4
21 EXHIBIT E
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City hereinafter called "CITY” and [______________________] (“Consultant”) dated [______________].
1. Definitions
A. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.
B. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the Consultant (which for purposes herein includes all subconsultants) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID19, and other circumstances concerning COVID-19 not caused by the Consultant and which are beyond its reasonable control.
C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. Consultant acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Consultant’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Consultant shall follow the most applicable, restrictive and newest COVID-19 Proclamations.
D. An “Unknown COVID-19 Condition” is a COVID-19 Condition the Consultant did not know about, and reasonably should not have known about, as of the date the Consultant submitted its proposal. The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the Consultant will be deemed to have knowledge of those requirements.
E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID19 Condition; (ii) is reasonable under the circumstances; (iii) is not the result of the Consultant’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subconsultants failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.
2. COVID-19 Conditions and Proposal. Consultant is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the Consultant’s price and schedule. In order to be entitled to any relief from a COVID19 Condition, the Consultant must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.
3. Compliance with COVID-19 Proclamations.
A. Consultant shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of the Services. The cost of such compliance is non-compensable, except as otherwise expressly stated herein.
B. Consultant is responsible to ensure that its subconsultants and suppliers comply with COVID19 Proclamations at all times in connection with the performance of their Services.
4. Delay. The Consultant is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.
5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the Consultant may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The Consultant is entitled to a Item 5.4
22 time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Consultant incurs increased costs that are Unknown COVID-19 Costs.
6. Compensation for COVID-19 Costs. City will reimburse the Consultant for costs attributable to COVID-19, and which are not included in the schedule of values, only if the cost is an Unknown COVID19 Cost.
7. Safe Work Practices. Consultant shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subconsultants, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. Consultant remains fully responsible for following and complying with changes to recommended safe work practices from time to time.
8. Monitoring and Reporting. City may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Consultant shall immediately report to City any outbreaks of COVID-19 among its workers. The Consultant shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.
9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
IN WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.
CONSULTANT: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ [__________________] [___________________], Mayor
END OF EXHIBIT E
Item 5.4
DATE: September 21, 2026
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Andrew Brozyna, Public Works Director
Greg Baeza, Buildings and Fleet Superintendent
DEPARTMENT: Public Works
SUBJECT: Contract Amendment No. 3 to the Vendor Services Agreement with Julio's Cleaning and Maintenance Services to Remove Janitorial Services for the Temporary Modular Recreation Center Facilities from the Scope of Work
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution approving Contract Amendment No. 3 to the Vendor Services Agreement with Julio's Cleaning and Maintenance Services, dated September 3, 2024, to remove janitorial services for the temporary modular Recreation Center facilities from the Scope of Work, reducing the annual contract amount by $16,686, from $306,347 to $289,661; and finding that approval of the amendment is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
EXECUTIVE SUMMARY
With construction of the new Community Center substantially complete, Recreation staff will begin transitioning operations from the temporary modular facilities to the new building. The temporary modular Recreation Center facilities are expected to no longer require janitorial services beginning October 1, 2026.
Item 5.5
Contract Amendment No. 3 would remove janitorial services for the temporary modular facilities from the existing Citywide janitorial services agreement with Julio's Cleaning and Maintenance Services, reducing the annual contract amount by $16,686, from $306,347 to $289,661.
BACKGROUND/ANALYSIS
At its meeting on September 3, 2024, the City Council approved an agreement with Julio's Cleaning and Maintenance Services to provide Citywide janitorial services for two years, from October 1, 2024, through September 30, 2026, with three optional one-year extensions through September 30, 2029.
Following approval of the Recreation Center Rebuild Project, the City Council approved Contract Amendment No. 1, which removed janitorial services for the former Recreation Center from the Scope of Work and added janitorial services for four temporary modular Recreation Center facilities located at the tennis courts for the duration of construction.
The amendment resulted in a net reduction of $57,312 to the annual contract amount.
Contract Amendment No. 2 subsequently added janitorial services for the second-floor office space at City Hall in the amount of $6,552 annually.
With the Recreation Center Rebuild Project substantially complete, staff will begin moving Recreation operations into the newly constructed Community Center. As a result, the temporary modular facilities are expected to no longer be needed beginning October 1, 2026.
Julio's Cleaning and Maintenance Services provided janitorial services for the approximately 4,320-square-foot temporary modular Recreation Center facilities at a cost of $1,350 per month, or $16,200 annually. Pursuant to Section 2 of the agreement, a 3% annual inflation adjustment increases this amount to $16,686. Contract Amendment No. 3 (Attachment 2) removes these services from the Scope of Work and reduces the annual contract amount accordingly.
The Contract Amendments are summarized as follows:
ANALYSIS
ORIGINAL CONTRACT AMOUNT $348,184
AMOUNT OF CONTRACT AMENDMENT NO ONE (1) ($57, 312)
Remove former Recreation Center and add temporary modular facilities AMOUNT OF CONTRACT AMENDMENT NO TWO (2) $6,552
Add City Hall second-floor office space
Item 5.5
REVISED CONTRACT AMOUNT $297,424
Including 3% CPI per agreement $306,347
AMOUNT OF CONTRACT AMENDMENT NO THREE (3) $(16,686)
$1,350 per month plus 3% CPI
Remove temporary modular Recreation Center facilities
TOTAL REVISED CONTRACT AMOUNT $289,661
While Julio's Cleaning and Maintenance Services will continue to provide Citywide janitorial services under the existing agreement, staff is separately seeking proposals for janitorial services for the newly constructed Community Center. Given the expanded size and scope of the facility, anticipated higher level of daily and event-related use, and additional operational needs associated with amenities such as the café, a separate contract will allow the City to establish staffing, frequencies, event support, and service levels specifically tailored to the Community Center's operations.
Staff will return to the City Council for approval of an agreement for Community Center janitorial services following completion of the procurement process.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
The resolution approving the Contract Amendment 3 qualifies for CEQA’s common sense exemption, as CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.Since this activity poses no significant environmental effect, it is not subject to CEQA (CEQA Guideline Section 15061(b)(3) .
FISCAL IMPACT
The fiscal impact of the proposed contract amendment is reduced expenditures of $16,686 annually. Citywide Janitorial services are budgeted in Building Maintenance Account Number 505-0550-419-4251.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Public Safety and Social Equity
Item 5.5
ATTACHMENTS
Attachment 1 - Resolution
Attachment 2 - Contract Amendment No. 3
Item 5.5
RESOLUTION NO.____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE MAYOR TO EXECUTE CONTRACT AMENDMENT NO. 3 TO THE
VENDOR SERVICES AGREEMENT WITH JULIO'S CLEANING AND MAINTENANCE SERVICES, DATED SEPTEMBER 3, 2024, TO REMOVE JANITORIAL SERVICES FOR
THE TEMPORARY MODULAR RECREATION CENTER FACILITIES FROM THE SCOPE OF WORK, REDUCING THE ANNUAL CONTRACT AMOUNT BY $16,686, FROM $306,347 TO $289,661; AND FINDING THAT APPROVAL OF THE
AMENDMENT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)
CITY OF FOSTER CITY
WHEREAS, at its meeting on September 3, 2024, the City Council approved an agreement with Julio's Cleaning and Maintenance Services to provide Citywide janitorial services for two years, from October 1, 2024, through September 30, 2026, with three optional one-year extensions through September 30, 2029; and WHEREAS, following approval of the Recreation Center Rebuild Project, at its meeting on October 7, 2024, the City Council approved Contract Amendment No. 1, which removed janitorial services for the former Recreation Center from the Scope of Work and added janitorial services for four temporary modular Recreation Center facilities located at the tennis courts for the duration of construction. The amendment resulted in a net reduction of $57,312 to the annual contract amount; and WHEREAS, with the Recreation Center Rebuild Project substantially complete, staff will begin moving Recreation operations into the newly constructed Community Center. As a result, the temporary modular facilities are expected to no longer be needed beginning October 1, 2026; and
WHEREAS, Contract Amendment No. 3 (Attachment 2) removes these services from the Scope of Work and reduces the annual contract amount by $16,686 annually.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute Contract Amendment No. 3 to the Vendor Services Agreement with Julio's Cleaning and Maintenance Services, dated September 3, 2024, to remove janitorial services for the temporary modular Recreation Center facilities from the Scope of Work, reducing the annual contract amount by $16,686, from $306,347 to $289,661; and finding that approval of the amendment is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).
Item 5.5
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 21st day of September 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ART KIESEL, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK
Item 5.5
CITY OF FOSTER CITY
CONTRACT AMENDMENT NO. THREE (3)
DATE: September 21, 2026
ACCOUNT NO.: 505-0550-419-4251
PROJECT: Janitorial Service Agreement
TO: Julio’s Cleaning and Maintenance Service
CHANGE REQUESTED BY: City of Foster City and Julio’s Cleaning and Maintenance Service
Based on mutual agreement, Julio’s Cleaning and Maintenance Service and the City of Foster City agree to amend the Vendor Agreement dated September 3, 2024 , Agreement”) pursuant to Section 4 of the Agreement to amend the Scope of Work identified in Exhibit A to remove services for the Recreation Center temporary facilities and adjusting the compensation accordingly as described more fully below.
ORIGINAL CONTRACT AMOUNT $ 348,184
AMOUNT OF CONTRACT AMENDMENT NO ONE (1) $ (57, 312)
Removing Recreation Center Building commencing cleaning of temporary modular facilities
AMOUNT OF CONTRACT AMENDMENT NO TWO (2) $ 6,552
Adding cleaning of City Hall Second Floor office space
REVISED CONTRACT AMOUNT $ 297,424
REVISED CONTRACT AMOUNT
INCLUDING 3% CPI per Exhibit B of agreement $ 306,347
AMOUNT OF CONTRACT AMENDMENT NO THREE (3)
$1,350 per month plus 3% CPI $ (16,686)
TOTAL REVISED CONTRACT AMOUNT $ 289,661
Except as specifically modified herein, all other terms and provisions in the Agreement Item 5.5
shall remain unchanged.Julio’s Cleaning and Maintenance Service have given careful consideration to the work proposed and hereby agree, if this proposal is approved, to provide all equipment, furnish all materials except as may otherwise be noted above, and to perform all services necessary for the work above specified, and to accept as full payment therefore the prices shown above.
ACCEPTED BY:
JULIO SANGALANG DATE
OWNER
APPROVAL RECOMMENDED:
ANDREW BROZYNA DATE
PUBLIC WORKS DIRECTOR
APPROVED CITY:
ART KIESEL DATE
MAYOR
ATTEST:
BY:
PRISCILLA SCHAUS DATE
CITY CLERK
APPROVED AS TO FORM
BY:
BENJAMIN L STOCK DATE
CITY ATTORNEY
Item 5.5
DATE: September 21, 2026
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
Marlene Subhashini, Assistant City/District Manager
FROM: Diane Pitman, Administrative Services Director
DEPARTMENT: Administrative Services
SUBJECT: Updated City/District Pay Plan for Fiscal Year 2026-2027 Effective September 9, 2026
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 2026-2027, effective September 9, 2026.
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 and Municipal Employees (AFSCME). Within the approved MOU, a general wage increase is provided effective September 9, 2026. This wage increase is equal to the percentage movement of the San Francisco-Hayward-Oakland CPI-U April 2025 to April 2026 with a minimum of 3% and a maximum of 5%. The CPI-U percentage for April 2025 to April 2026 is
3.8%. The salary steps of the attached Pay Plan have updated salaries, increased by
3.8%, for all AFSCME represented classifications.
Item 5.6
To meet CalPERS requirements under Government Code 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. Staff requests approval of the resolutions to approve the amended Pay Plan for Fiscal Year 2026-2027 which will be effective September 9, 2026. 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
Not Applicable
FISCAL IMPACT
The updated FY 2026-2027 Pay Plan reflects the approved salary ranges provided in the AFSCME MOU. The FY 2026-2027 budget includes the 3.8% cost of living increase.
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 2026-2027 Effective September 9, 2026 (redline)
Attachment 4 - City/District Pay Plan for FY 2026-2027 Effective September 9, 2026 Item 5.6
RESOLUTION NO. _____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING AND ADOPTING THE AMENDED PAY PLAN FOR FISCAL YEAR 2026- 2027, EFFECTIVE SEPTEMBER 9, 2026
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 2026-2027; 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, and 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 2026-2027 is hereby adopted effective September 9, 2026.
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 21st day of September 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ART KIESEL, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK
Item 5.6
RESOLUTION NO. _____________
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL
IMPROVEMENT DISTRICT APPROVING AND ADOPTING THE PAY PLAN FOR FISCAL YEAR 2026-2027, EFFECTIVE SEPTEMBER 9, 2026
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Distict Manager has prepared and submitted to the Board of Directors a schedule of pay ranges for job classifications for Fiscal Year 2026-2027; 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, and 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 2026-2027 is hereby adopted effective September 9, 2026.
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 21st day of September 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ART KIESEL, PRESIDENT
ATTEST:
PRISCILLA SCHAUS, DISTRICT SECRETARY
Item 5.6
City of Foster City / Estero Municipal Improvement District FY 2026-2027 Pay Plan
Effective September 9, 2026
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 229 Accountant I Other Management E Hourly $49.1229 $51.5790 $54.1579 $56.8658 $59.7091 Monthly $8,514.64 $8,940.36 $9,387.37 $9,856.74 $10,349.58 Yearly $102,175.63 $107,284.32 $112,648.43 $118,280.86 $124,194.93 923 Accountant II Other Management E Hourly $54.5785 $57.3074 $60.1728 $63.1814 $66.3405 Monthly $9,460.27 $9,933.28 $10,429.95 $10,951.44 $11,499.02 Yearly $113,523.28 $119,199.39 $125,159.42 $131,417.31 $137,988.24 516 Accounting Specialist AFSCME NE Hourly $37.8250 $39.7163 $41.7021 $43.7872 $45.9766 $39.2624 $41.2255 $43.2868 $45.4511 $47.7237
Monthly $6,556.33 $6,884.16 $7,228.36 $7,589.78 $7,969.28 $6,805.47 $7,145.76 $7,503.04 $7,878.19 $8,272.11
Yearly $78,676.00 $82,609.90 $86,740.37 $91,077.38 $95,631.33 $81,665.69 $85,749.08 $90,036.50 $94,538.32 $99,265.32
264 Administrative Assistant I AFSCME NE Hourly $39.1136 $41.0693 $43.1228 $45.2789 $47.5428 $40.5999 $42.6299 $44.7615 $46.9995 $49.3494
Monthly $6,779.69 $7,118.68 $7,474.62 $7,848.34 $8,240.75 $7,037.32 $7,389.19 $7,758.65 $8,146.58 $8,553.90
Yearly $81,356.29 $85,424.14 $89,695.42 $94,180.11 $98,889.02 $84,447.83 $88,670.26 $93,103.85 $97,758.96 $102,646.81 263 Administrative Assistant II AFSCME NE Hourly $43.1228 $45.2789 $47.5428 $49.9199 $52.4159 $44.7615 $46.9995 $49.3494 $51.8169 $54.4077
Monthly $7,474.62 $7,848.34 $8,240.75 $8,652.78 $9,085.42 $7,758.65 $8,146.58 $8,553.90 $8,981.59 $9,430.67
Yearly $89,695.42 $94,180.11 $98,889.02 $103,833.39 $109,025.07 $93,103.85 $97,758.96 $102,646.81 $107,779.06 $113,168.02 114 Administrative Services Director Executive Management E Hourly $112.7465 $118.3838 $124.3030 $130.5182 $137.0441 Monthly $19,542.73 $20,519.86 $21,545.85 $22,623.15 $23,754.31 Yearly $234,512.72 $246,238.30 $258,550.24 $271,477.86 $285,051.73 111 Assistant City Manager Executive Management E Hourly $125.8696 $132.1631 $138.7713 $145.7099 $152.9954 Monthly $21,817.40 $22,908.27 $24,053.69 $25,256.38 $26,519.20 Yearly $261,808.77 $274,899.25 $288,644.30 $303,076.59 $318,230.43 933 Assistant Director of PW Other Management E Hourly $97.9253 $102.8216 $107.9627 $113.3608 $119.0288 Monthly $16,973.72 $17,822.41 $18,713.53 $19,649.21 $20,631.67 Yearly $203,684.62 $213,868.93 $224,562.42 $235,790.46 $247,580.00 211 Assistant Engineer Other Management E Hourly $60.5995 $63.6295 $66.8110 $70.1515 $73.6591 Monthly $10,503.91 $11,029.11 $11,580.57 $12,159.59 $12,767.58 Yearly $126,046.96 $132,349.36 $138,966.88 $145,915.12 $153,210.93 225 Assistant Finance Director Other Management E Hourly $89.1950 $93.6548 $98.3375 $103.2544 $108.4171 Monthly $15,460.47 $16,233.50 $17,045.17 $17,897.43 $18,792.30 Yearly $185,525.60 $194,801.98 $204,542.00 $214,769.15 $225,507.57 220 Assistant Planner Other Management E Hourly $52.9814 $55.6305 $58.4120 $61.3326 $64.3992 Monthly $9,183.44 $9,642.62 $10,124.75 $10,630.98 $11,162.53 Yearly $110,201.31 $115,711.44 $121,496.96 $127,571.81 $133,950.34 207 Associate Civil Engineer Other Management E Hourly $67.3340 $70.7007 $74.2357 $77.9475 $81.8449 Monthly $11,671.23 $12,254.79 $12,867.52 $13,510.90 $14,186.45 Yearly $140,054.72 $147,057.46 $154,410.26 $162,130.80 $170,237.39 215 Associate Planner Other Management E Hourly $58.8707 $61.8142 $64.9049 $68.1501 $71.5576 Monthly $10,204.25 $10,714.46 $11,250.18 $11,812.68 $12,403.32 Yearly $122,451.06 $128,573.54 $135,002.19 $141,752.21 $148,839.81 507 Building Inspector AFSCME NE Hourly $53.0918 $55.7464 $58.5337 $61.4604 $64.5334 $55.1093 $57.8648 $60.7580 $63.7959 $66.9857
Monthly $9,202.58 $9,662.71 $10,145.84 $10,653.14 $11,185.79 $9,552.28 $10,029.89 $10,531.38 $11,057.96 $11,610.85
Yearly $110,430.94 $115,952.51 $121,750.10 $127,837.63 $134,229.47 $114,627.32 $120,358.71 $126,376.60 $132,695.46 $139,330.19
Item 5.6
City of Foster City / Estero Municipal Improvement District FY 2026-2027 Pay Plan
Effective September 9, 2026
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 261 Building Lead Maintenance Worker AFSCME NE Hourly $44.2008 $46.4108 $48.7313 $51.1679 $53.7263 $45.8804 $48.1744 $50.5831 $53.1123 $55.7679
Monthly $7,661.47 $8,044.54 $8,446.76 $8,869.10 $9,312.56 $7,952.61 $8,350.23 $8,767.74 $9,206.13 $9,666.44
Yearly $91,937.66 $96,534.46 $101,361.10 $106,429.23 $111,750.70 $95,431.30 $100,202.77 $105,212.83 $110,473.54 $115,997.23 267 Building Maintenance Worker I AFSCME NE Hourly $37.7454 $39.6327 $41.6143 $43.6950 $45.8798 $39.1797 $41.1387 $43.1956 $45.3554 $47.6232
Monthly $6,542.54 $6,869.67 $7,213.15 $7,573.80 $7,952.50 $6,791.15 $7,130.72 $7,487.24 $7,861.60 $8,254.69
Yearly $78,510.43 $82,436.02 $86,557.74 $90,885.60 $95,429.98 $81,493.83 $85,568.58 $89,846.94 $94,339.25 $99,056.32
268 Building Maintenance Worker II AFSCME NE Hourly $41.8639 $43.9571 $46.1550 $48.4628 $50.8859 $43.4547 $45.6275 $47.9089 $50.3044 $52.8196
Monthly $7,256.41 $7,619.23 $8,000.20 $8,400.22 $8,820.22 $7,532.15 $7,908.76 $8,304.21 $8,719.43 $9,155.39
Yearly $87,076.91 $91,430.77 $96,002.40 $100,802.62 $105,842.67 $90,385.83 $94,905.14 $99,650.49 $104,633.12 $109,864.69 527 Building Permit Technician I AFSCME NE Hourly $39.1354 $41.0922 $43.1468 $45.3041 $47.5693 $40.6225 $42.6537 $44.7864 $47.0257 $49.3769
Monthly $6,783.47 $7,122.65 $7,478.78 $7,852.71 $8,245.35 $7,041.24 $7,393.31 $7,762.97 $8,151.11 $8,558.67
Yearly $81,401.63 $85,471.78 $89,745.34 $94,232.53 $98,944.14 $84,494.89 $88,719.70 $93,155.67 $97,813.36 $102,704.02 544 Building Permit Technician II AFSCME NE Hourly $43.5954 $45.7752 $48.0640 $50.4672 $52.9906 $45.2520 $47.5147 $49.8904 $52.3850 $55.0042
Monthly $7,556.54 $7,934.37 $8,331.09 $8,747.65 $9,185.04 $7,843.68 $8,235.87 $8,647.67 $9,080.06 $9,534.07
Yearly $90,678.43 $95,212.42 $99,973.12 $104,971.78 $110,220.45 $94,124.21 $98,830.49 $103,772.10 $108,960.70 $114,408.83 910 Building Serv. Assistant Hrly/PT/Seasonal NE Hourly $17.85 $18.47 $19.12 $19.79 $20.48 310 Building Services Coordinator AFSCME NE Hourly $37.7454 $39.6327 $41.6143 $43.6950 $45.8798 $39.1797 $41.1387 $43.1956 $45.3554 $47.6232
Monthly $6,542.54 $6,869.67 $7,213.15 $7,573.80 $7,952.50 $6,791.15 $7,130.72 $7,487.24 $7,861.60 $8,254.69
Yearly $78,510.43 $82,436.02 $86,557.74 $90,885.60 $95,429.98 $81,493.83 $85,568.58 $89,846.94 $94,339.25 $99,056.32
312 Building Services Coordinator Assistant Hrly/PT/Seasonal NE Hourly $20.48 $21.21 $21.96 $22.73 $23.52 309 Building/Fleet Maintenance Superintendent Other Management E Hourly $70.9619 $74.5100 $78.2355 $82.1473 $86.2547 Monthly $12,300.06 $12,915.07 $13,560.82 $14,238.87 $14,950.81 Yearly $147,600.75 $154,980.80 $162,729.84 $170,866.38 $179,409.78 205 Chief Building Official Other Management E Hourly $85.4848 $89.7590 $94.2470 $98.9593 $103.9073 Monthly $14,817.37 $15,558.23 $16,336.15 $17,152.95 $18,010.60 Yearly $177,808.38 $186,698.72 $196,033.76 $205,835.34 $216,127.18 102 Chief of Police Executive Management E Hourly $125.8697 $132.1632 $138.7714 $145.7100 $152.9955 Monthly $21,817.41 $22,908.29 $24,053.71 $25,256.40 $26,519.22 Yearly $261,808.98 $274,899.46 $288,644.51 $303,076.80 $318,230.64 101 City Manager Executive Management E Hourly $175.6962 Monthly $30,454.00
Yearly $365,448.00
920 Clerical Assistant Hrly/PT/Seasonal NE Hourly $17.85 $18.47 $19.12 $19.79 $20.48 255 Code Enforcement Officer I AFSCME NE Hourly $38.2162 $40.1270 $42.1333 $44.2400 $46.4520 $39.6684 $41.6518 $43.7344 $45.9211 $48.2172
Monthly $6,624.14 $6,955.35 $7,303.11 $7,668.27 $8,051.68 $6,875.86 $7,219.65 $7,580.62 $7,959.66 $8,357.64
Yearly $79,489.70 $83,464.16 $87,637.26 $92,019.20 $96,620.16 $82,510.30 $86,635.80 $90,967.48 $95,515.93 $100,291.73
Item 5.6
City of Foster City / Estero Municipal Improvement District FY 2026-2027 Pay Plan
Effective September 9, 2026
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 256 Code Enforcement Officer II AFSCME NE Hourly $50.0121 $52.5127 $55.1383 $57.8952 $60.7900 $51.9126 $54.5082 $57.2336 $60.0952 $63.1000
Monthly $8,668.76 $9,102.20 $9,557.31 $10,035.17 $10,536.93 $8,998.18 $9,448.08 $9,920.48 $10,416.50 $10,937.34
Yearly $104,025.17 $109,226.42 $114,687.66 $120,422.02 $126,443.20 $107,978.12 $113,377.02 $119,045.80 $124,998.05 $131,248.04 110 Communications Director / City Clerk Executive Management E Hourly $107.5928 $112.9724 $118.6210 $124.5521 $130.7797 Monthly $18,649.42 $19,581.88 $20,560.97 $21,589.03 $22,668.48 Yearly $223,793.02 $234,982.59 $246,731.68 $259,068.37 $272,021.78 266 Communications Manager Other Management E Hourly $60.8685 $63.9119 $67.1075 $70.4629 $73.9860 Monthly $10,550.54 $11,078.06 $11,631.97 $12,213.57 $12,824.24 Yearly $126,606.48 $132,936.75 $139,583.60 $146,562.83 $153,890.88 247 Communications Specialist AFSCME NE Hourly $44.2399 $46.4519 $48.7745 $51.2132 $53.7739 $45.9210 $48.2171 $50.6279 $53.1593 $55.8173
Monthly $7,668.25 $8,051.66 $8,454.25 $8,876.95 $9,320.81 $7,959.64 $8,357.63 $8,775.51 $9,214.28 $9,675.00
Yearly $92,018.99 $96,619.95 $101,450.96 $106,523.46 $111,849.71 $95,515.71 $100,291.51 $105,306.10 $110,571.35 $116,100.00 106 Community Development Director Executive Management E Hourly $112.7465 $118.3838 $124.3030 $130.5182 $137.0441 Monthly $19,542.73 $20,519.86 $21,545.85 $22,623.15 $23,754.31 Yearly $234,512.72 $246,238.30 $258,550.24 $271,477.86 $285,051.73 930 Cross-Connection Control Specialist AFSCME NE Hourly $45.0222 $47.2733 $49.6370 $52.1188 $54.7247 $46.7330 $49.0697 $51.5232 $54.0993 $56.8042
Monthly $7,803.85 $8,194.04 $8,603.75 $9,033.93 $9,485.61 $8,100.39 $8,505.41 $8,930.69 $9,377.21 $9,846.07
Yearly $93,646.18 $98,328.46 $103,244.96 $108,407.10 $113,827.38 $97,204.73 $102,064.95 $107,168.27 $112,526.57 $118,152.82 913 Department Intern Hrly/PT/Seasonal NE Hourly* $17.85 $30.00 234 Deputy City Clerk Other Management NE Hourly $48.6948 $51.1295 $53.6860 $56.3703 $59.1888 Monthly $8,440.43 $8,862.45 $9,305.57 $9,770.85 $10,259.39 Yearly $101,285.18 $106,349.36 $111,666.88 $117,250.22 $123,112.70 109 Deputy City Manager Executive Management E Hourly $118.3839 $124.3031 $130.5183 $137.0442 $143.8964 Monthly $20,519.88 $21,545.87 $22,623.17 $23,754.33 $24,942.04 Yearly $246,238.51 $258,550.45 $271,478.06 $285,051.94 $299,304.51 104 Director of Public Works Executive Management E Hourly $115.5019 $121.2770 $127.3408 $133.7078 $140.3932 Monthly $20,020.33 $21,021.35 $22,072.41 $23,176.02 $24,334.82 Yearly $240,243.95 $252,256.16 $264,868.86 $278,112.22 $292,017.86 924 Economic Development Manager Other Management E Hourly $84.4583 $88.6812 $93.1153 $97.7711 $102.6597 Monthly $14,639.44 $15,371.41 $16,139.99 $16,946.99 $17,794.35 Yearly $175,673.26 $184,456.90 $193,679.82 $203,363.89 $213,532.18 512 Engineering Manager Other Management E Hourly $93.2621 $97.9252 $102.8215 $107.9626 $113.3607 Monthly $16,165.43 $16,973.70 $17,822.39 $18,713.52 $19,649.19 Yearly $193,985.17 $203,684.42 $213,868.72 $224,562.21 $235,790.26 503 Equipment Maintenance Worker AFSCME NE Hourly $39.6296 $41.6111 $43.6917 $45.8763 $48.1701 $41.1355 $43.1923 $45.3520 $47.6196 $50.0006
Monthly $6,869.13 $7,212.59 $7,573.23 $7,951.89 $8,349.48 $7,130.16 $7,486.67 $7,861.01 $8,254.06 $8,666.76
Yearly $82,429.57 $86,551.09 $90,878.74 $95,422.70 $100,193.81 $85,561.89 $89,840.03 $94,332.13 $99,048.77 $104,001.17 107 Finance Director Executive Management E Hourly $112.7465 $118.3838 $124.3030 $130.5182 $137.0441 Monthly $19,542.73 $20,519.86 $21,545.85 $22,623.15 $23,754.31 Yearly $234,512.72 $246,238.30 $258,550.24 $271,477.86 $285,051.73 300 Financial Services Manager Other Management E Hourly $77.8281 $81.7195 $85.8055 $90.0958 $94.6006 Monthly $13,490.20 $14,164.71 $14,872.95 $15,616.61 $16,397.44 Yearly $161,882.45 $169,976.56 $178,475.44 $187,399.26 $196,769.25
Item 5.6
City of Foster City / Estero Municipal Improvement District FY 2026-2027 Pay Plan
Effective September 9, 2026
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 928 Fleet Supervisor Other Management E Hourly $56.6863 $59.5206 $62.4966 $65.6214 $68.9025 Monthly $9,825.63 $10,316.90 $10,832.74 $11,374.38 $11,943.10 Yearly $117,907.50 $123,802.85 $129,992.93 $136,492.51 $143,317.20 925 Housing Coordinator Other Management NE Hourly $60.4457 $63.4680 $66.6414 $69.9735 $73.4722 Monthly $10,477.25 $11,001.12 $11,551.18 $12,128.74 $12,735.18 Yearly $125,727.06 $132,013.44 $138,614.11 $145,544.88 $152,822.18 929 Housing & Sustainability Manager Other Management E Hourly $79.6401 $83.6221 $87.8032 $92.1934 $96.8031 Monthly $13,804.28 $14,494.50 $15,219.22 $15,980.19 $16,779.20 Yearly $165,651.41 $173,933.97 $182,630.66 $191,762.27 $201,350.45 404 Human Resources Analyst Other Management E Hourly $57.8388 $60.7307 $63.7672 $66.9556 $70.3034 Monthly $10,025.39 $10,526.65 $11,052.98 $11,605.64 $12,185.92 Yearly $120,304.70 $126,319.86 $132,635.78 $139,267.65 $146,231.07 252 Human Resources Manager Other Management E Hourly $84.4583 $88.6812 $93.1153 $97.7711 $102.6597 Monthly $14,639.44 $15,371.41 $16,139.99 $16,946.99 $17,794.35 Yearly $175,673.26 $184,456.90 $193,679.82 $203,363.89 $213,532.18 403 Human Resources Technician Other Management NE Hourly $45.3687 $47.6371 $50.0190 $52.5200 $55.1460 Monthly $7,863.91 $8,257.10 $8,669.96 $9,103.47 $9,558.64 Yearly $94,366.90 $99,085.17 $104,039.52 $109,241.60 $114,703.68 238 Information Technology Manager Other Management E Hourly $84.4583 $88.6812 $93.1153 $97.7711 $102.6597 Monthly $14,639.44 $15,371.41 $16,139.99 $16,946.99 $17,794.35 Yearly $175,673.26 $184,456.90 $193,679.82 $203,363.89 $213,532.18 926 Irrigation Technician AFSCME NE Hourly $44.2008 $46.4108 $48.7313 $51.1679 $53.7263 $45.8804 $48.1744 $50.5831 $53.1123 $55.7679
Monthly $7,661.47 $8,044.54 $8,446.76 $8,869.10 $9,312.56 $7,952.61 $8,350.23 $8,767.74 $9,206.13 $9,666.44
Yearly $91,937.66 $96,534.46 $101,361.10 $106,429.23 $111,750.70 $95,431.30 $100,202.77 $105,212.83 $110,473.54 $115,997.23 228 Management Analyst Other Management E Hourly $60.4457 $63.4680 $66.6414 $69.9735 $73.4722 Monthly $10,477.25 $11,001.12 $11,551.18 $12,128.74 $12,735.18 Yearly $125,727.06 $132,013.44 $138,614.11 $145,544.88 $152,822.18 233 Management Assistant Other Management E Hourly $41.3343 $43.4010 $45.5711 $47.8497 $50.2422 Monthly $7,164.61 $7,522.84 $7,898.99 $8,293.95 $8,708.65 Yearly $85,975.34 $90,274.08 $94,787.89 $99,527.38 $104,503.78 501 Mechanic I AFSCME NE Hourly $44.7839 $47.0231 $49.3743 $51.8430 $54.4352 $46.4857 $48.8100 $51.2505 $53.8130 $56.5037
Monthly $7,762.54 $8,150.67 $8,558.21 $8,986.12 $9,435.43 $8,057.52 $8,460.40 $8,883.42 $9,327.59 $9,793.98
Yearly $93,150.51 $97,808.05 $102,698.54 $107,833.44 $113,225.22 $96,690.23 $101,524.75 $106,601.09 $111,931.11 $117,527.77 520 Office Assistant I AFSCME NE Hourly $31.3595 $32.9275 $32.5512 $34.1787
Monthly $5,435.65 $5,707.43
$5,642.20 $5,924.32
Yearly $65,227.76 $68,489.20
$67,706.41 $71,091.79
519 Office Assistant II AFSCME NE Hourly $34.5738 $36.3025 $38.1176 $40.0235 $42.0247 $35.8876 $37.6820 $39.5661 $41.5444 $43.6216
Monthly $5,992.79 $6,292.43 $6,607.05 $6,937.41 $7,284.28 $6,220.52 $6,531.55 $6,858.12 $7,201.03 $7,561.08
Yearly $71,913.50 $75,509.20 $79,284.61 $83,248.88 $87,411.38 $74,646.22 $78,378.55 $82,297.42 $86,412.34 $90,733.01
108 Parks & Recreation Director Executive Management E Hourly $112.7465 $118.3838 $124.3030 $130.5182 $137.0441 Monthly $19,542.73 $20,519.86 $21,545.85 $22,623.15 $23,754.31 Yearly $234,512.72 $246,238.30 $258,550.24 $271,477.86 $285,051.73
Item 5.6
City of Foster City / Estero Municipal Improvement District FY 2026-2027 Pay Plan
Effective September 9, 2026
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 537 Parks Lead Maintenance Worker AFSCME NE Hourly $44.2008 $46.4108 $48.7313 $51.1679 $53.7263 $45.8804 $48.1744 $50.5831 $53.1123 $55.7679
Monthly $7,661.47 $8,044.54 $8,446.76 $8,869.10 $9,312.56 $7,952.61 $8,350.23 $8,767.74 $9,206.13 $9,666.44
Yearly $91,937.66 $96,534.46 $101,361.10 $106,429.23 $111,750.70 $95,431.30 $100,202.77 $105,212.83 $110,473.54 $115,997.23 308 Parks Maintenance Manager Other Management E Hourly $70.9619 $74.5100 $78.2355 $82.1473 $86.2547 Monthly $12,300.06 $12,915.07 $13,560.82 $14,238.87 $14,950.81 Yearly $147,600.75 $154,980.80 $162,729.84 $170,866.38 $179,409.78 927 Parks Maintenance Supervisor Other Management E Hourly $56.6863 $59.5206 $62.4966 $65.6214 $68.9025 Monthly $9,825.63 $10,316.90 $10,832.74 $11,374.38 $11,943.10 Yearly $117,907.50 $123,802.85 $129,992.93 $136,492.51 $143,317.20 533 Parks Maintenance Worker AFSCME NE Hourly $32.9833 $34.6325 $34.2367 $35.9485
Monthly $5,717.11 $6,002.97
$5,934.36 $6,231.08
Yearly $68,605.26 $72,035.60
$71,212.26 $74,772.95
532 Parks Maintenance Worker I AFSCME NE Hourly $36.3640 $38.1822 $40.0913 $42.0959 $44.2007 $37.7458 $39.6331 $41.6148 $43.6955 $45.8803
Monthly $6,303.09 $6,618.25 $6,949.16 $7,296.62 $7,661.45 $6,542.61 $6,869.74 $7,213.23 $7,573.89 $7,952.59
Yearly $75,637.12 $79,418.98 $83,389.90 $87,559.47 $91,937.46 $78,511.33 $82,436.90 $86,558.72 $90,886.73 $95,431.08
530 Parks Maintenance Worker II AFSCME NE Hourly $40.0914 $42.0960 $44.2008 $46.4108 $48.7313 $41.6149 $43.6956 $45.8804 $48.1744 $50.5831
Monthly $6,949.18 $7,296.64 $7,661.47 $8,044.54 $8,446.76 $7,213.24 $7,573.91 $7,952.61 $8,350.23 $8,767.74
Yearly $83,390.11 $87,559.68 $91,937.66 $96,534.46 $101,361.10 $86,558.94 $90,886.95 $95,431.30 $100,202.77 $105,212.83 227 Planning Manager Other Management E Hourly $82.5265 $86.6528 $90.9854 $95.5347 $100.3114 Monthly $14,304.59 $15,019.82 $15,770.80 $16,559.35 $17,387.31 Yearly $171,655.12 $180,237.82 $189,249.63 $198,712.18 $208,647.71 543 Plans Examiner AFSCME NE Hourly $64.5334 $67.7601 $71.1481 $74.7055 $78.4408 $66.9857 $70.3350 $73.8517 $77.5443 $81.4216
Monthly $11,185.79 $11,745.08 $12,332.34 $12,948.95 $13,596.41 $11,610.85 $12,191.40 $12,800.97 $13,441.01 $14,113.07
Yearly $134,229.47 $140,941.01 $147,988.05 $155,387.44 $163,156.86 $139,330.19 $146,296.77 $153,611.59 $161,292.16 $169,356.82 201 Police Captain Other Management E Hourly $105.9462 $111.2435 $116.8057 $122.6460 $128.7783 Monthly $18,364.01 $19,282.21 $20,246.32 $21,258.64 $22,321.57 Yearly $220,368.10 $231,386.48 $242,955.86 $255,103.68 $267,858.86 602 Police Corporal FCPOA NE Hourly $72.4596 $76.0826 $79.8867 $83.8810 $88.0750 $92.4787 Monthly $12,559.66 $13,187.65 $13,847.03 $14,539.37 $15,266.33 $16,029.64 Yearly $150,715.97 $158,251.81 $166,164.34 $174,472.48 $183,196.00 $192,355.70 541 Police Dispatch Supervisor FCPOA NE Hourly $66.5529 $69.8805 $73.3745 $77.0432 $80.8954 Monthly $11,535.84 $12,112.62 $12,718.25 $13,354.15 $14,021.87 Yearly $138,430.03 $145,351.44 $152,618.96 $160,249.86 $168,262.43 535 Police Lead Dispatcher FCPOA NE Hourly $59.5624 $62.5405 $65.6675 $68.9509 $72.3984 Monthly $10,324.15 $10,840.35 $11,382.37 $11,951.49 $12,549.06 Yearly $123,889.79 $130,084.24 $136,588.40 $143,417.87 $150,588.67 206 Police Lieutenant Other Management E Hourly $92.1259 $96.7322 $101.5688 $106.6472 $111.9796 Monthly $15,968.49 $16,766.91 $17,605.26 $18,485.51 $19,409.80 Yearly $191,621.87 $201,202.98 $211,263.10 $221,826.18 $232,917.57
Item 5.6
City of Foster City / Estero Municipal Improvement District FY 2026-2027 Pay Plan
Effective September 9, 2026
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 603 Police Officer FCPOA NE Hourly $65.4882 $68.7626 $72.2007 $75.8107 $79.6012 $83.5813 Monthly $11,351.29 $11,918.85 $12,514.79 $13,140.52 $13,797.54 $14,487.43 Yearly $136,215.46 $143,026.21 $150,177.46 $157,686.26 $165,570.50 $173,849.10 604 Police Officer Recruit FCPOA NE Hourly $59.3996 $62.3696 Monthly $10,295.93 $10,810.73
Yearly $123,551.17 $129,728.77
517 Police Records Specialist AFSCME NE Hourly $38.4535 $40.3762 $42.3950 $44.5148 $46.7405 $39.9147 $41.9105 $44.0060 $46.2064 $48.5166
Monthly $6,665.27 $6,998.54 $7,348.47 $7,715.90 $8,101.69 $6,918.55 $7,264.49 $7,627.71 $8,009.10 $8,409.55
Yearly $79,983.28 $83,982.50 $88,181.60 $92,590.78 $97,220.24 $83,022.64 $87,173.83 $91,532.50 $96,109.23 $100,914.61 540 Police Records Supervisor Other Management NE Hourly $55.3470 $58.1143 $61.0200 $64.0710 $67.2745 Monthly $9,593.48 $10,073.15 $10,576.80 $11,105.64 $11,660.91 Yearly $115,121.76 $120,877.74 $126,921.60 $133,267.68 $139,930.96 601 Police Sergeant FCPOA NE Hourly $79.3037 $83.2689 $87.4323 $91.8039 $96.3941 $101.2138 Monthly $13,745.97 $14,433.28 $15,154.93 $15,912.68 $16,708.31 $17,543.73 Yearly $164,951.70 $173,199.31 $181,859.18 $190,952.11 $200,499.73 $210,524.70 511 Police Dispatcher FCPOA NE Hourly $54.0249 $56.7261 $59.5624 $62.5405 $65.6675 Monthly $9,364.32 $9,832.52 $10,324.15 $10,840.35 $11,382.37 Yearly $112,371.79 $117,990.29 $123,889.79 $130,084.24 $136,588.40 932 Principal Accountant Other Management E Hourly $72.6612 $76.2943 $80.1090 $84.1145 $88.3202 Monthly $12,594.61 $13,224.35 $13,885.56 $14,579.85 $15,308.83 Yearly $151,135.30 $158,692.14 $166,626.72 $174,958.16 $183,706.02 931 Principal Building Inspector AFSCME E Hourly $64.5334 $67.7601 $71.1481 $74.7055 $78.4408 $66.9857 $70.3350 $73.8517 $77.5443 $81.4216
Monthly $11,185.79 $11,745.08 $12,332.34 $12,948.95 $13,596.41 $11,610.85 $12,191.40 $12,800.97 $13,441.01 $14,113.07
Yearly $134,229.47 $140,941.01 $147,988.05 $155,387.44 $163,156.86 $139,330.19 $146,296.77 $153,611.59 $161,292.16 $169,356.82 250 Principal Management Analyst Other Management E Hourly $79.9412 $83.9383 $88.1352 $92.5420 $97.1691 Monthly $13,856.47 $14,549.31 $15,276.77 $16,040.61 $16,842.64 Yearly $166,277.70 $174,591.66 $183,321.22 $192,487.36 $202,111.73 536 Public Works Lead Maintenance Worker AFSCME NE Hourly $45.0221 $47.2732 $49.6369 $52.1187 $54.7246 $46.7329 $49.0696 $51.5231 $54.0992 $56.8041
Monthly $7,803.83 $8,194.02 $8,603.73 $9,033.91 $9,485.60 $8,100.38 $8,505.39 $8,930.67 $9,377.20 $9,846.05
Yearly $93,645.97 $98,328.26 $103,244.75 $108,406.90 $113,827.17 $97,204.51 $102,064.73 $107,168.05 $112,526.36 $118,152.60 202 Public Works Maintenance Manager Other Management E Hourly $81.6063 $85.6866 $89.9709 $94.4694 $99.1929 Monthly $14,145.09 $14,852.34 $15,594.96 $16,374.70 $17,193.44 Yearly $169,741.10 $178,228.13 $187,139.47 $196,496.35 $206,321.23 213 Public Works Maintenance Superintendent Other Management E Hourly $70.9619 $74.5100 $78.2355 $82.1473 $86.2547 Monthly $12,300.06 $12,915.07 $13,560.82 $14,238.87 $14,950.81 Yearly $147,600.75 $154,980.80 $162,729.84 $170,866.38 $179,409.78 534 Public Works Maintenance Worker AFSCME NE Hourly $33.5963 $35.2761 $34.8730 $36.6166
Monthly $5,823.36 $6,114.52
$6,044.65 $6,346.88
Yearly $69,880.30 $73,374.29
$72,535.76 $76,162.51
531 Public Works Maintenance Worker I AFSCME NE Hourly $37.0398 $38.8918 $40.8364 $42.8782 $45.0221 $38.4473 $40.3697 $42.3882 $44.5076 $46.7329
Monthly $6,420.23 $6,741.25 $7,078.31 $7,432.22 $7,803.83 $6,664.20 $6,997.41 $7,347.29 $7,714.65 $8,100.38
Yearly $77,042.78 $80,894.94 $84,939.71 $89,186.66 $93,645.97 $79,970.41 $83,968.95 $88,167.42 $92,575.75 $97,204.51
Item 5.6
City of Foster City / Estero Municipal Improvement District FY 2026-2027 Pay Plan
Effective September 9, 2026
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 529 Public Works Maintenance Worker II AFSCME NE Hourly $40.8364 $42.8782 $45.0221 $47.2732 $49.6369 $42.3882 $44.5076 $46.7329 $49.0696 $51.5231
Monthly $7,078.31 $7,432.22 $7,803.83 $8,194.02 $8,603.73 $7,347.29 $7,714.65 $8,100.38 $8,505.39 $8,930.67
Yearly $84,939.71 $89,186.66 $93,645.97 $98,328.26 $103,244.75 $88,167.42 $92,575.75 $97,204.51 $102,064.73 $107,168.05 265 Recreation Coordinator I AFSCME NE Hourly $42.2057 $44.3160 $46.5318 $48.8584 $51.3013 $43.8095 $46.0000 $48.3000 $50.7150 $53.2507
Monthly $7,315.65 $7,681.44 $8,065.51 $8,468.79 $8,892.23 $7,593.65 $7,973.33 $8,372.00 $8,790.60 $9,230.13
Yearly $87,787.86 $92,177.28 $96,786.14 $101,625.47 $106,706.70 $91,123.79 $95,680.02 $100,464.02 $105,487.24 $110,761.56 262 Recreation Coordinator II AFSCME NE Hourly $46.5317 $48.8583 $51.3012 $53.8663 $56.5596 $48.2999 $50.7149 $53.2506 $55.9132 $58.7089
Monthly $8,065.49 $8,468.77 $8,892.21 $9,336.83 $9,803.66 $8,371.98 $8,790.59 $9,230.11 $9,691.62 $10,176.20
Yearly $96,785.94 $101,625.26 $106,706.50 $112,041.90 $117,643.97 $100,463.80 $105,487.02 $110,761.34 $116,299.50 $122,114.44 907 Recreation Leader I Hrly/PT/Seasonal NE Hourly $17.85 $18.47 $19.12 $19.79 $20.48 915 Recreation Leader II Hrly/PT/Seasonal NE Hourly $19.12 $19.79 $20.48 $21.21 $21.96 908 Recreation Leader III Hrly/PT/Seasonal NE Hourly $20.48 $21.21 $21.96 $22.73 $23.52 307 Recreation Manager Other Management E Hourly $69.8423 $73.3344 $77.0011 $80.8512 $84.8938 Monthly $12,106.00 $12,711.30 $13,346.86 $14,014.21 $14,714.93 Yearly $145,271.98 $152,535.55 $160,162.29 $168,170.50 $176,579.10 934 Recreation Specialist AFSCME NE Hourly $34.7227 $36.4588 $38.2817 $40.1958 $42.2056 $36.0422 $37.8442 $39.7364 $41.7232 $43.8094
Monthly $6,018.60 $6,319.53 $6,635.49 $6,967.27 $7,315.64 $6,247.31 $6,559.67 $6,887.64 $7,232.03 $7,593.63
Yearly $72,223.22 $75,834.30 $79,625.94 $83,607.26 $87,787.65 $74,967.70 $78,716.01 $82,651.72 $86,784.34 $91,123.58
251 Senior Accountant Other Management E Hourly $62.7674 $65.9058 $69.2011 $72.6612 $76.2943 Monthly $10,879.68 $11,423.67 $11,994.86 $12,594.61 $13,224.35 Yearly $130,556.19 $137,084.06 $143,938.29 $151,135.30 $158,692.14 528 Senior Accounting Specialist AFSCME NE Hourly $41.7021 $43.7872 $45.9766 $48.2754 $50.6892 $43.2868 $45.4511 $47.7237 $50.1099 $52.6154
Monthly $7,228.36 $7,589.78 $7,969.28 $8,367.74 $8,786.13 $7,503.04 $7,878.19 $8,272.11 $8,685.71 $9,120.00
Yearly $86,740.37 $91,077.38 $95,631.33 $100,412.83 $105,433.54 $90,036.50 $94,538.32 $99,265.32 $104,228.52 $109,440.01 204 Senior Civil Engineer Other Management E Hourly $77.4330 $81.3047 $85.3699 $89.6384 $94.1203 Monthly $13,421.72 $14,092.81 $14,797.45 $15,537.32 $16,314.19 Yearly $161,060.64 $169,113.78 $177,569.39 $186,447.87 $195,770.22 253 Senior Human Resources Analyst Other Management E Hourly $66.5162 $69.8420 $73.3341 $77.0008 $80.8508 Monthly $11,529.47 $12,105.95 $12,711.24 $13,346.81 $14,014.14 Yearly $138,353.70 $145,271.36 $152,534.93 $160,161.66 $168,169.66 245 Senior Management Analyst Other Management E Hourly $69.5130 $72.9886 $76.6380 $80.4699 $84.4934 Monthly $12,048.92 $12,651.36 $13,283.92 $13,948.12 $14,645.52 Yearly $144,587.04 $151,816.29 $159,407.04 $167,377.39 $175,746.27 219 Senior Planner Other Management E Hourly $67.7017 $71.0868 $74.6411 $78.3732 $82.2919 Monthly $11,734.96 $12,321.71 $12,937.79 $13,584.69 $14,263.93 Yearly $140,819.54 $147,860.54 $155,253.49 $163,016.26 $171,167.15 525 Sr. Bldg Inspector AFSCME NE Hourly $58.5337 $61.4604 $64.5334 $67.7601 $71.1481 $60.7580 $63.7959 $66.9857 $70.3350 $73.8517
Monthly $10,145.84 $10,653.14 $11,185.79 $11,745.08 $12,332.34 $10,531.38 $11,057.96 $11,610.85 $12,191.40 $12,800.97
Yearly $121,750.10 $127,837.63 $134,229.47 $140,941.01 $147,988.05 $126,376.60 $132,695.46 $139,330.19 $146,296.77 $153,611.59
Item 5.6
City of Foster City / Estero Municipal Improvement District FY 2026-2027 Pay Plan
Effective September 9, 2026
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 518 Sr. Comm. Services Officer AFSCME NE Hourly $40.3180 $42.3339 $44.4506 $46.6731 $49.0068 $41.8501 $43.9426 $46.1397 $48.4467 $50.8691
Monthly $6,988.45 $7,337.88 $7,704.77 $8,090.00 $8,494.51 $7,254.01 $7,616.72 $7,997.55 $8,397.42 $8,817.30
Yearly $83,861.44 $88,054.51 $92,457.25 $97,080.05 $101,934.14 $87,048.17 $91,400.58 $95,970.62 $100,769.09 $105,807.64 509 Sr. Engineering Technician AFSCME NE Hourly $47.0983 $49.4532 $51.9259 $54.5222 $57.2483 $48.8880 $51.3324 $53.8991 $56.5940 $59.4237
Monthly $8,163.71 $8,571.89 $9,000.49 $9,450.51 $9,923.04 $8,473.93 $8,897.62 $9,342.51 $9,809.63 $10,300.11
Yearly $97,964.46 $102,862.66 $108,005.87 $113,406.18 $119,076.46 $101,687.11 $106,771.44 $112,110.10 $117,715.61 $123,601.37 216 Sr. Systems Analyst Other Management E Hourly $63.8369 $67.0287 $70.3801 $73.8991 $77.5941 Monthly $11,065.06 $11,618.31 $12,199.22 $12,809.18 $13,449.64 Yearly $132,780.75 $139,419.70 $146,390.61 $153,710.13 $161,395.73 921 Technology Analyst I Other Management E Hourly $49.6991 $52.1841 $54.7933 $57.5330 $60.4097 Monthly $8,614.51 $9,045.24 $9,497.51 $9,972.39 $10,471.01 Yearly $103,374.13 $108,542.93 $113,970.06 $119,668.64 $125,652.18 922 Technology Analyst II Other Management E Hourly $56.4282 $59.2496 $62.2121 $65.3227 $68.5888 Monthly $9,780.89 $10,269.93 $10,783.43 $11,322.60 $11,888.73 Yearly $117,370.66 $123,239.17 $129,401.17 $135,871.22 $142,664.70 248 Videographer Hrly/PT/Seasonal NE Hourly* $20.00 $30.00 Range*
Item 5.6
City of Foster City / Estero Municipal Improvement District FY 2026-2027 Pay Plan
Effective September 9, 2026
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 229 Accountant I Other Management E Hourly $49.1229 $51.5790 $54.1579 $56.8658 $59.7091 Monthly $8,514.64 $8,940.36 $9,387.37 $9,856.74 $10,349.58 Yearly $102,175.63 $107,284.32 $112,648.43 $118,280.86 $124,194.93 923 Accountant II Other Management E Hourly $54.5785 $57.3074 $60.1728 $63.1814 $66.3405 Monthly $9,460.27 $9,933.28 $10,429.95 $10,951.44 $11,499.02 Yearly $113,523.28 $119,199.39 $125,159.42 $131,417.31 $137,988.24 516 Accounting Specialist AFSCME NE Hourly $39.2624 $41.2255 $43.2868 $45.4511 $47.7237 Monthly $6,805.48 $7,145.75 $7,503.05 $7,878.19 $8,272.11 Yearly $81,665.79 $85,749.04 $90,036.54 $94,538.29 $99,265.30 264 Administrative Assistant I AFSCME NE Hourly $40.5998 $42.6298 $44.7613 $46.9994 $49.3494 Monthly $7,037.30 $7,389.17 $7,758.63 $8,146.56 $8,553.90 Yearly $84,447.58 $88,669.98 $93,103.50 $97,758.75 $102,646.75 263 Administrative Assistant II AFSCME NE Hourly $44.7613 $46.9994 $49.3494 $51.8169 $54.4077 Monthly $7,758.63 $8,146.56 $8,553.90 $8,981.60 $9,430.67 Yearly $93,103.50 $97,758.75 $102,646.75 $107,779.15 $113,168.02 114 Administrative Services Director Executive Management E Hourly $112.7465 $118.3838 $124.3030 $130.5182 $137.0441 Monthly $19,542.73 $20,519.86 $21,545.85 $22,623.15 $23,754.31 Yearly $234,512.72 $246,238.30 $258,550.24 $271,477.86 $285,051.73 111 Assistant City Manager Executive Management E Hourly $125.8696 $132.1631 $138.7713 $145.7099 $152.9954 Monthly $21,817.40 $22,908.27 $24,053.69 $25,256.38 $26,519.20 Yearly $261,808.77 $274,899.25 $288,644.30 $303,076.59 $318,230.43 933 Assistant Director of PW Other Management E Hourly $97.9253 $102.8216 $107.9627 $113.3608 $119.0288 Monthly $16,973.72 $17,822.41 $18,713.53 $19,649.21 $20,631.67 Yearly $203,684.62 $213,868.93 $224,562.42 $235,790.46 $247,580.00 211 Assistant Engineer Other Management E Hourly $60.5995 $63.6295 $66.8110 $70.1515 $73.6591 Monthly $10,503.91 $11,029.11 $11,580.57 $12,159.59 $12,767.58 Yearly $126,046.96 $132,349.36 $138,966.88 $145,915.12 $153,210.93 225 Assistant Finance Director Other Management E Hourly $89.1950 $93.6548 $98.3375 $103.2544 $108.4171 Monthly $15,460.47 $16,233.50 $17,045.17 $17,897.43 $18,792.30 Yearly $185,525.60 $194,801.98 $204,542.00 $214,769.15 $225,507.57 220 Assistant Planner Other Management E Hourly $52.9814 $55.6305 $58.4120 $61.3326 $64.3992 Monthly $9,183.44 $9,642.62 $10,124.75 $10,630.98 $11,162.53 Yearly $110,201.31 $115,711.44 $121,496.96 $127,571.81 $133,950.34 207 Associate Civil Engineer Other Management E Hourly $67.3340 $70.7007 $74.2357 $77.9475 $81.8449 Monthly $11,671.23 $12,254.79 $12,867.52 $13,510.90 $14,186.45 Yearly $140,054.72 $147,057.46 $154,410.26 $162,130.80 $170,237.39 215 Associate Planner Other Management E Hourly $58.8707 $61.8142 $64.9049 $68.1501 $71.5576 Monthly $10,204.25 $10,714.46 $11,250.18 $11,812.68 $12,403.32 Yearly $122,451.06 $128,573.54 $135,002.19 $141,752.21 $148,839.81 507 Building Inspector AFSCME NE Hourly $55.1093 $57.8648 $60.7580 $63.7959 $66.9857 Monthly $9,552.28 $10,029.90 $10,531.39 $11,057.96 $11,610.85 Yearly $114,627.34 $120,358.78 $126,376.64 $132,695.47 $139,330.26 261 Building Lead Maintenance Worker AFSCME NE Hourly $45.8804 $48.1744 $50.5831 $53.1123 $55.7679 Monthly $7,952.60 $8,350.23 $8,767.74 $9,206.13 $9,666.44 Yearly $95,431.23 $100,202.75 $105,212.85 $110,473.58 $115,997.23 267 Building Maintenance Worker I AFSCME NE Hourly $39.1797 $41.1387 $43.1956 $45.3554 $47.6232 Monthly $6,791.15 $7,130.71 $7,487.24 $7,861.60 $8,254.69 Yearly $81,493.78 $85,568.50 $89,846.85 $94,339.23 $99,056.26 268 Building Maintenance Worker II AFSCME NE Hourly $43.4549 $45.6276 $47.9090 $50.3044 $52.8196 Monthly $7,532.18 $7,908.78 $8,304.23 $8,719.43 $9,155.40 Yearly $90,386.19 $94,905.41 $99,650.72 $104,633.15 $109,864.77 527 Building Permit Technician I AFSCME NE Hourly $40.6225 $42.6536 $44.7863 $47.0256 $49.3769 Monthly $7,041.23 $7,393.29 $7,762.96 $8,151.10 $8,558.66 Yearly $84,494.80 $88,719.49 $93,155.50 $97,813.25 $102,703.95 544 Building Permit Technician II AFSCME NE Hourly $45.2522 $47.5148 $49.8905 $52.3850 $55.0042 Monthly $7,843.71 $8,235.90 $8,647.69 $9,080.07 $9,534.06 Yearly $94,124.58 $98,830.78 $103,772.24 $108,960.80 $114,408.74 910 Building Serv. Assistant Hrly/PT/Seasonal NE Hourly $17.85 $18.47 $19.12 $19.79 $20.48 310 Building Services Coordinator AFSCME NE Hourly $39.1797 $41.1387 $43.1956 $45.3554 $47.6232 Monthly $6,791.15 $7,130.71 $7,487.24 $7,861.60 $8,254.69 Yearly $81,493.78 $85,568.50 $89,846.85 $94,339.23 $99,056.26 312 Building Services Coordinator Assistant Hrly/PT/Seasonal NE Hourly $20.48 $21.21 $21.96 $22.73 $23.52 309 Building/Fleet Maintenance Superintendent Other Management E Hourly $70.9619 $74.5100 $78.2355 $82.1473 $86.2547 Monthly $12,300.06 $12,915.07 $13,560.82 $14,238.87 $14,950.81 Yearly $147,600.75 $154,980.80 $162,729.84 $170,866.38 $179,409.78
Item 5.6
City of Foster City / Estero Municipal Improvement District FY 2026-2027 Pay Plan
Effective September 9, 2026
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 205 Chief Building Official Other Management E Hourly $85.4848 $89.7590 $94.2470 $98.9593 $103.9073 Monthly $14,817.37 $15,558.23 $16,336.15 $17,152.95 $18,010.60 Yearly $177,808.38 $186,698.72 $196,033.76 $205,835.34 $216,127.18 102 Chief of Police Executive Management E Hourly $125.8697 $132.1632 $138.7714 $145.7100 $152.9955 Monthly $21,817.41 $22,908.29 $24,053.71 $25,256.40 $26,519.22 Yearly $261,808.98 $274,899.46 $288,644.51 $303,076.80 $318,230.64 101 City Manager Executive Management E Hourly $175.6962 Monthly $30,454.00
Yearly $365,448.00
920 Clerical Assistant Hrly/PT/Seasonal NE Hourly $17.85 $18.47 $19.12 $19.79 $20.48 255 Code Enforcement Officer I AFSCME NE Hourly $39.6684 $41.6518 $43.7344 $45.9211 $48.2172 Monthly $6,875.86 $7,219.65 $7,580.63 $7,959.66 $8,357.65 Yearly $82,510.27 $86,635.74 $90,967.55 $95,515.89 $100,291.78 256 Code Enforcement Officer II AFSCME NE Hourly $51.9125 $54.5081 $57.2335 $60.0952 $63.1000 Monthly $8,998.17 $9,448.07 $9,920.47 $10,416.50 $10,937.33 Yearly $107,978.00 $113,376.85 $119,045.68 $124,998.02 $131,248.00 110 Communications Director / City Clerk Executive Management E Hourly $107.5928 $112.9724 $118.6210 $124.5521 $130.7797 Monthly $18,649.42 $19,581.88 $20,560.97 $21,589.03 $22,668.48 Yearly $223,793.02 $234,982.59 $246,731.68 $259,068.37 $272,021.78 266 Communications Manager Other Management E Hourly $60.8685 $63.9119 $67.1075 $70.4629 $73.9860 Monthly $10,550.54 $11,078.06 $11,631.97 $12,213.57 $12,824.24 Yearly $126,606.48 $132,936.75 $139,583.60 $146,562.83 $153,890.88 247 Communications Specialist AFSCME NE Hourly $45.9210 $48.2170 $50.6279 $53.1593 $55.8173 Monthly $7,959.64 $8,357.61 $8,775.50 $9,214.28 $9,675.00 Yearly $95,515.68 $100,291.36 $105,306.03 $110,571.34 $116,099.98 106 Community Development Director Executive Management E Hourly $112.7465 $118.3838 $124.3030 $130.5182 $137.0441 Monthly $19,542.73 $20,519.86 $21,545.85 $22,623.15 $23,754.31 Yearly $234,512.72 $246,238.30 $258,550.24 $271,477.86 $285,051.73 930 Cross-Connection Control Specialist AFSCME NE Hourly $46.7329 $49.0695 $51.5230 $54.0992 $56.8042 Monthly $8,100.37 $8,505.38 $8,930.65 $9,377.19 $9,846.06 Yearly $97,204.43 $102,064.56 $107,167.84 $112,526.34 $118,152.74 913 Department Intern Hrly/PT/Seasonal NE Hourly* $17.85 $30.00 234 Deputy City Clerk Other Management NE Hourly $48.6948 $51.1295 $53.6860 $56.3703 $59.1888 Monthly $8,440.43 $8,862.45 $9,305.57 $9,770.85 $10,259.39 Yearly $101,285.18 $106,349.36 $111,666.88 $117,250.22 $123,112.70 109 Deputy City Manager Executive Management E Hourly $118.3839 $124.3031 $130.5183 $137.0442 $143.8964 Monthly $20,519.88 $21,545.87 $22,623.17 $23,754.33 $24,942.04 Yearly $246,238.51 $258,550.45 $271,478.06 $285,051.94 $299,304.51 104 Director of Public Works Executive Management E Hourly $115.5019 $121.2770 $127.3408 $133.7078 $140.3932 Monthly $20,020.33 $21,021.35 $22,072.41 $23,176.02 $24,334.82 Yearly $240,243.95 $252,256.16 $264,868.86 $278,112.22 $292,017.86 924 Economic Development Manager Other Management E Hourly $84.4583 $88.6812 $93.1153 $97.7711 $102.6597 Monthly $14,639.44 $15,371.41 $16,139.99 $16,946.99 $17,794.35 Yearly $175,673.26 $184,456.90 $193,679.82 $203,363.89 $213,532.18 512 Engineering Manager Other Management E Hourly $93.2621 $97.9252 $102.8215 $107.9626 $113.3607 Monthly $16,165.43 $16,973.70 $17,822.39 $18,713.52 $19,649.19 Yearly $193,985.17 $203,684.42 $213,868.72 $224,562.21 $235,790.26 503 Equipment Maintenance Worker AFSCME NE Hourly $41.1356 $43.1924 $45.3520 $47.6196 $50.0006 Monthly $7,130.17 $7,486.68 $7,861.01 $8,254.06 $8,666.77 Yearly $85,562.05 $89,840.19 $94,332.16 $99,048.77 $104,001.25 107 Finance Director Executive Management E Hourly $112.7465 $118.3838 $124.3030 $130.5182 $137.0441 Monthly $19,542.73 $20,519.86 $21,545.85 $22,623.15 $23,754.31 Yearly $234,512.72 $246,238.30 $258,550.24 $271,477.86 $285,051.73 300 Financial Services Manager Other Management E Hourly $77.8281 $81.7195 $85.8055 $90.0958 $94.6006 Monthly $13,490.20 $14,164.71 $14,872.95 $15,616.61 $16,397.44 Yearly $161,882.45 $169,976.56 $178,475.44 $187,399.26 $196,769.25 928 Fleet Supervisor Other Management E Hourly $56.6863 $59.5206 $62.4966 $65.6214 $68.9025 Monthly $9,825.63 $10,316.90 $10,832.74 $11,374.38 $11,943.10 Yearly $117,907.50 $123,802.85 $129,992.93 $136,492.51 $143,317.20 925 Housing Coordinator Other Management NE Hourly $60.4457 $63.4680 $66.6414 $69.9735 $73.4722 Monthly $10,477.25 $11,001.12 $11,551.18 $12,128.74 $12,735.18 Yearly $125,727.06 $132,013.44 $138,614.11 $145,544.88 $152,822.18 929 Housing & Sustainability Manager Other Management E Hourly $79.6401 $83.6221 $87.8032 $92.1934 $96.8031 Monthly $13,804.28 $14,494.50 $15,219.22 $15,980.19 $16,779.20 Yearly $165,651.41 $173,933.97 $182,630.66 $191,762.27 $201,350.45
Item 5.6
City of Foster City / Estero Municipal Improvement District FY 2026-2027 Pay Plan
Effective September 9, 2026
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 404 Human Resources Analyst Other Management E Hourly $57.8388 $60.7307 $63.7672 $66.9556 $70.3034 Monthly $10,025.39 $10,526.65 $11,052.98 $11,605.64 $12,185.92 Yearly $120,304.70 $126,319.86 $132,635.78 $139,267.65 $146,231.07 252 Human Resources Manager Other Management E Hourly $84.4583 $88.6812 $93.1153 $97.7711 $102.6597 Monthly $14,639.44 $15,371.41 $16,139.99 $16,946.99 $17,794.35 Yearly $175,673.26 $184,456.90 $193,679.82 $203,363.89 $213,532.18 403 Human Resources Technician Other Management NE Hourly $45.3687 $47.6371 $50.0190 $52.5200 $55.1460 Monthly $7,863.91 $8,257.10 $8,669.96 $9,103.47 $9,558.64 Yearly $94,366.90 $99,085.17 $104,039.52 $109,241.60 $114,703.68 238 Information Technology Manager Other Management E Hourly $84.4583 $88.6812 $93.1153 $97.7711 $102.6597 Monthly $14,639.44 $15,371.41 $16,139.99 $16,946.99 $17,794.35 Yearly $175,673.26 $184,456.90 $193,679.82 $203,363.89 $213,532.18 926 Irrigation Technician AFSCME NE Hourly $45.8804 $48.1744 $50.5831 $53.1123 $55.7679 Monthly $7,952.60 $8,350.23 $8,767.74 $9,206.13 $9,666.44 Yearly $95,431.23 $100,202.75 $105,212.85 $110,473.58 $115,997.23 228 Management Analyst Other Management E Hourly $60.4457 $63.4680 $66.6414 $69.9735 $73.4722 Monthly $10,477.25 $11,001.12 $11,551.18 $12,128.74 $12,735.18 Yearly $125,727.06 $132,013.44 $138,614.11 $145,544.88 $152,822.18 233 Management Assistant Other Management E Hourly $41.3343 $43.4010 $45.5711 $47.8497 $50.2422 Monthly $7,164.61 $7,522.84 $7,898.99 $8,293.95 $8,708.65 Yearly $85,975.34 $90,274.08 $94,787.89 $99,527.38 $104,503.78 501 Mechanic I AFSCME NE Hourly $46.4858 $48.8101 $51.2506 $53.8131 $56.5038 Monthly $8,057.54 $8,460.42 $8,883.44 $9,327.60 $9,793.99 Yearly $96,690.46 $101,525.01 $106,601.25 $111,931.25 $117,527.90 520 Office Assistant I AFSCME NE Hourly $32.5511 $34.1787 Monthly $5,642.19 $5,924.31
Yearly $67,706.29 $71,091.70
519 Office Assistant II AFSCME NE Hourly $35.8876 $37.6820 $39.5661 $41.5444 $43.6216 Monthly $6,220.52 $6,531.55 $6,858.12 $7,201.03 $7,561.08 Yearly $74,646.21 $78,378.56 $82,297.49 $86,412.35 $90,732.93 108 Parks & Recreation Director Executive Management E Hourly $112.7465 $118.3838 $124.3030 $130.5182 $137.0441 Monthly $19,542.73 $20,519.86 $21,545.85 $22,623.15 $23,754.31 Yearly $234,512.72 $246,238.30 $258,550.24 $271,477.86 $285,051.73 537 Parks Lead Maintenance Worker AFSCME NE Hourly $45.8804 $48.1744 $50.5831 $53.1123 $55.7679 Monthly $7,952.60 $8,350.23 $8,767.74 $9,206.13 $9,666.44 Yearly $95,431.23 $100,202.75 $105,212.85 $110,473.58 $115,997.23 308 Parks Maintenance Manager Other Management E Hourly $70.9619 $74.5100 $78.2355 $82.1473 $86.2547 Monthly $12,300.06 $12,915.07 $13,560.82 $14,238.87 $14,950.81 Yearly $147,600.75 $154,980.80 $162,729.84 $170,866.38 $179,409.78 927 Parks Maintenance Supervisor Other Management E Hourly $56.6863 $59.5206 $62.4966 $65.6214 $68.9025 Monthly $9,825.63 $10,316.90 $10,832.74 $11,374.38 $11,943.10 Yearly $117,907.50 $123,802.85 $129,992.93 $136,492.51 $143,317.20 533 Parks Maintenance Worker AFSCME NE Hourly $34.2367 $35.9485 Monthly $5,934.36 $6,231.07
Yearly $71,212.34 $74,772.88
532 Parks Maintenance Worker I AFSCME NE Hourly $37.7459 $39.6332 $41.6149 $43.6956 $45.8804 Monthly $6,542.62 $6,869.75 $7,213.25 $7,573.90 $7,952.60 Yearly $78,511.47 $82,437.06 $86,558.99 $90,886.85 $95,431.23 530 Parks Maintenance Worker II AFSCME NE Hourly $41.6149 $43.6956 $45.8804 $48.1744 $50.5831 Monthly $7,213.25 $7,573.90 $7,952.60 $8,350.23 $8,767.74 Yearly $86,558.99 $90,886.85 $95,431.23 $100,202.75 $105,212.85 227 Planning Manager Other Management E Hourly $82.5265 $86.6528 $90.9854 $95.5347 $100.3114 Monthly $14,304.59 $15,019.82 $15,770.80 $16,559.35 $17,387.31 Yearly $171,655.12 $180,237.82 $189,249.63 $198,712.18 $208,647.71 543 Plans Examiner AFSCME NE Hourly $66.9857 $70.3350 $73.8518 $77.5444 $81.4216 Monthly $11,610.85 $12,191.40 $12,800.98 $13,441.03 $14,113.08 Yearly $139,330.26 $146,296.80 $153,611.74 $161,292.35 $169,356.93 201 Police Captain Other Management E Hourly $105.9462 $111.2435 $116.8057 $122.6460 $128.7783 Monthly $18,364.01 $19,282.21 $20,246.32 $21,258.64 $22,321.57 Yearly $220,368.10 $231,386.48 $242,955.86 $255,103.68 $267,858.86 602 Police Corporal FCPOA NE Hourly $72.4596 $76.0826 $79.8867 $83.8810 $88.0750 $92.4787 Monthly $12,559.66 $13,187.65 $13,847.03 $14,539.37 $15,266.33 $16,029.64 Yearly $150,715.97 $158,251.81 $166,164.34 $174,472.48 $183,196.00 $192,355.70
Item 5.6
City of Foster City / Estero Municipal Improvement District FY 2026-2027 Pay Plan
Effective September 9, 2026
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 541 Police Dispatch Supervisor FCPOA NE Hourly $66.5529 $69.8805 $73.3745 $77.0432 $80.8954 Monthly $11,535.84 $12,112.62 $12,718.25 $13,354.15 $14,021.87 Yearly $138,430.03 $145,351.44 $152,618.96 $160,249.86 $168,262.43 535 Police Lead Dispatcher FCPOA NE Hourly $59.5624 $62.5405 $65.6675 $68.9509 $72.3984 Monthly $10,324.15 $10,840.35 $11,382.37 $11,951.49 $12,549.06 Yearly $123,889.79 $130,084.24 $136,588.40 $143,417.87 $150,588.67 206 Police Lieutenant Other Management E Hourly $92.1259 $96.7322 $101.5688 $106.6472 $111.9796 Monthly $15,968.49 $16,766.91 $17,605.26 $18,485.51 $19,409.80 Yearly $191,621.87 $201,202.98 $211,263.10 $221,826.18 $232,917.57 603 Police Officer FCPOA NE Hourly $65.4882 $68.7626 $72.2007 $75.8107 $79.6012 $83.5813 Monthly $11,351.29 $11,918.85 $12,514.79 $13,140.52 $13,797.54 $14,487.43 Yearly $136,215.46 $143,026.21 $150,177.46 $157,686.26 $165,570.50 $173,849.10 604 Police Officer Recruit FCPOA NE Hourly $59.3996 $62.3696 Monthly $10,295.93 $10,810.73
Yearly $123,551.17 $129,728.77
517 Police Records Specialist AFSCME NE Hourly $39.9148 $41.9105 $44.0060 $46.2063 $48.5166 Monthly $6,918.57 $7,264.49 $7,627.71 $8,009.09 $8,409.54 Yearly $83,022.78 $87,173.84 $91,532.48 $96,109.10 $100,914.53 540 Police Records Supervisor Other Management NE Hourly $55.3470 $58.1143 $61.0200 $64.0710 $67.2745 Monthly $9,593.48 $10,073.15 $10,576.80 $11,105.64 $11,660.91 Yearly $115,121.76 $120,877.74 $126,921.60 $133,267.68 $139,930.96 601 Police Sergeant FCPOA NE Hourly $79.3037 $83.2689 $87.4323 $91.8039 $96.3941 $101.2138 Monthly $13,745.97 $14,433.28 $15,154.93 $15,912.68 $16,708.31 $17,543.73 Yearly $164,951.70 $173,199.31 $181,859.18 $190,952.11 $200,499.73 $210,524.70 511 Police Dispatcher FCPOA NE Hourly $54.0249 $56.7261 $59.5624 $62.5405 $65.6675 Monthly $9,364.32 $9,832.52 $10,324.15 $10,840.35 $11,382.37 Yearly $112,371.79 $117,990.29 $123,889.79 $130,084.24 $136,588.40 932 Principal Accountant Other Management E Hourly $72.6612 $76.2943 $80.1090 $84.1145 $88.3202 Monthly $12,594.61 $13,224.35 $13,885.56 $14,579.85 $15,308.83 Yearly $151,135.30 $158,692.14 $166,626.72 $174,958.16 $183,706.02 931 Principal Building Inspector AFSCME E Hourly $66.9857 $70.3350 $73.8518 $77.5444 $81.4216 Monthly $11,610.85 $12,191.40 $12,800.98 $13,441.03 $14,113.08 Yearly $139,330.26 $146,296.80 $153,611.74 $161,292.35 $169,356.93 250 Principal Management Analyst Other Management E Hourly $79.9412 $83.9383 $88.1352 $92.5420 $97.1691 Monthly $13,856.47 $14,549.31 $15,276.77 $16,040.61 $16,842.64 Yearly $166,277.70 $174,591.66 $183,321.22 $192,487.36 $202,111.73 536 Public Works Lead Maintenance Worker AFSCME NE Hourly $46.7329 $49.0695 $51.5230 $54.0992 $56.8042 Monthly $8,100.37 $8,505.38 $8,930.65 $9,377.19 $9,846.06 Yearly $97,204.43 $102,064.56 $107,167.84 $112,526.34 $118,152.74 202 Public Works Maintenance Manager Other Management E Hourly $81.6063 $85.6866 $89.9709 $94.4694 $99.1929 Monthly $14,145.09 $14,852.34 $15,594.96 $16,374.70 $17,193.44 Yearly $169,741.10 $178,228.13 $187,139.47 $196,496.35 $206,321.23 213 Public Works Maintenance Superintendent Other Management E Hourly $70.9619 $74.5100 $78.2355 $82.1473 $86.2547 Monthly $12,300.06 $12,915.07 $13,560.82 $14,238.87 $14,950.81 Yearly $147,600.75 $154,980.80 $162,729.84 $170,866.38 $179,409.78 534 Public Works Maintenance Worker AFSCME NE Hourly $34.8730 $36.6166 Monthly $6,044.65 $6,346.88
Yearly $72,535.84 $76,162.53
531 Public Works Maintenance Worker I AFSCME NE Hourly $38.4473 $40.3697 $42.3882 $44.5076 $46.7330 Monthly $6,664.20 $6,997.41 $7,347.29 $7,714.65 $8,100.39 Yearly $79,970.38 $83,968.98 $88,167.46 $92,575.81 $97,204.64 529 Public Works Maintenance Worker II AFSCME NE Hourly $42.3881 $44.5075 $46.7329 $49.0695 $51.5230 Monthly $7,347.27 $7,714.63 $8,100.37 $8,505.38 $8,930.65 Yearly $88,167.25 $92,575.60 $97,204.43 $102,064.56 $107,167.84 265 Recreation Coordinator I AFSCME NE Hourly $43.8095 $46.0000 $48.3000 $50.7150 $53.2507 Monthly $7,593.65 $7,973.33 $8,372.00 $8,790.60 $9,230.12 Yearly $91,123.76 $95,680.00 $100,464.00 $105,487.20 $110,761.46 262 Recreation Coordinator II AFSCME NE Hourly $48.3000 $50.7150 $53.2507 $55.9132 $58.7089 Monthly $8,372.00 $8,790.60 $9,230.12 $9,691.62 $10,176.21 Yearly $100,464.00 $105,487.20 $110,761.46 $116,299.46 $122,114.51 907 Recreation Leader I Hrly/PT/Seasonal NE Hourly $17.85 $18.47 $19.12 $19.79 $20.48 915 Recreation Leader II Hrly/PT/Seasonal NE Hourly $19.12 $19.79 $20.48 $21.21 $21.96 908 Recreation Leader III Hrly/PT/Seasonal NE Hourly $20.48 $21.21 $21.96 $22.73 $23.52
Item 5.6
City of Foster City / Estero Municipal Improvement District FY 2026-2027 Pay Plan
Effective September 9, 2026
Exhibit A
Code Classification Unit FLSA Salary Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 307 Recreation Manager Other Management E Hourly $69.8423 $73.3344 $77.0011 $80.8512 $84.8938 Monthly $12,106.00 $12,711.30 $13,346.86 $14,014.21 $14,714.93 Yearly $145,271.98 $152,535.55 $160,162.29 $168,170.50 $176,579.10 934 Recreation Specialist AFSCME NE Hourly $36.0422 $37.8443 $39.7365 $41.7233 $43.8095 Monthly $6,247.31 $6,559.68 $6,887.66 $7,232.04 $7,593.65 Yearly $74,967.78 $78,716.14 $82,651.92 $86,784.46 $91,123.76 251 Senior Accountant Other Management E Hourly $62.7674 $65.9058 $69.2011 $72.6612 $76.2943 Monthly $10,879.68 $11,423.67 $11,994.86 $12,594.61 $13,224.35 Yearly $130,556.19 $137,084.06 $143,938.29 $151,135.30 $158,692.14 528 Senior Accounting Specialist AFSCME NE Hourly $43.2868 $45.4511 $47.7237 $50.1099 $52.6154 Monthly $7,503.05 $7,878.19 $8,272.11 $8,685.72 $9,120.00 Yearly $90,036.54 $94,538.29 $99,265.30 $104,228.59 $109,440.03 204 Senior Civil Engineer Other Management E Hourly $77.4330 $81.3047 $85.3699 $89.6384 $94.1203 Monthly $13,421.72 $14,092.81 $14,797.45 $15,537.32 $16,314.19 Yearly $161,060.64 $169,113.78 $177,569.39 $186,447.87 $195,770.22 253 Senior Human Resources Analyst Other Management E Hourly $66.5162 $69.8420 $73.3341 $77.0008 $80.8508 Monthly $11,529.47 $12,105.95 $12,711.24 $13,346.81 $14,014.14 Yearly $138,353.70 $145,271.36 $152,534.93 $160,161.66 $168,169.66 245 Senior Management Analyst Other Management E Hourly $69.5130 $72.9886 $76.6380 $80.4699 $84.4934 Monthly $12,048.92 $12,651.36 $13,283.92 $13,948.12 $14,645.52 Yearly $144,587.04 $151,816.29 $159,407.04 $167,377.39 $175,746.27 219 Senior Planner Other Management E Hourly $67.7017 $71.0868 $74.6411 $78.3732 $82.2919 Monthly $11,734.96 $12,321.71 $12,937.79 $13,584.69 $14,263.93 Yearly $140,819.54 $147,860.54 $155,253.49 $163,016.26 $171,167.15 525 Sr. Bldg Inspector AFSCME NE Hourly $60.7580 $63.7959 $66.9857 $70.3350 $73.8517 Monthly $10,531.39 $11,057.96 $11,610.85 $12,191.40 $12,800.96 Yearly $126,376.64 $132,695.47 $139,330.26 $146,296.80 $153,611.54 518 Sr. Comm. Services Officer AFSCME NE Hourly $41.8502 $43.9427 $46.1398 $48.4468 $50.8691 Monthly $7,254.03 $7,616.73 $7,997.57 $8,397.45 $8,817.31 Yearly $87,048.42 $91,400.82 $95,970.78 $100,769.34 $105,807.73 509 Sr. Engineering Technician AFSCME NE Hourly $48.8881 $51.3325 $53.8991 $56.5941 $59.4238 Monthly $8,473.94 $8,897.63 $9,342.51 $9,809.64 $10,300.13 Yearly $101,687.25 $106,771.60 $112,110.13 $117,715.73 $123,601.50 216 Sr. Systems Analyst Other Management E Hourly $63.8369 $67.0287 $70.3801 $73.8991 $77.5941 Monthly $11,065.06 $11,618.31 $12,199.22 $12,809.18 $13,449.64 Yearly $132,780.75 $139,419.70 $146,390.61 $153,710.13 $161,395.73 921 Technology Analyst I Other Management E Hourly $49.6991 $52.1841 $54.7933 $57.5330 $60.4097 Monthly $8,614.51 $9,045.24 $9,497.51 $9,972.39 $10,471.01 Yearly $103,374.13 $108,542.93 $113,970.06 $119,668.64 $125,652.18 922 Technology Analyst II Other Management E Hourly $56.4282 $59.2496 $62.2121 $65.3227 $68.5888 Monthly $9,780.89 $10,269.93 $10,783.43 $11,322.60 $11,888.73 Yearly $117,370.66 $123,239.17 $129,401.17 $135,871.22 $142,664.70 248 Videographer Hrly/PT/Seasonal NE Hourly* $20.00 $30.00 Range*
Item 5.6
DATE: September 21, 2026
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
Marlene Subhashini, Assistant City/District Manager
FROM: Priscilla Schaus, Communications Director/City Clerk DEPARTMENT: Communications/City Clerk
SUBJECT: Designated Positions in the City/District Conflict of Interest Code and AB1234 Ethics Training
RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors adopt the attached City/District resolutions approving the Appendix dated September 21, 2026 to update the designated positions in the Conflict of Interest Code and to confirm the designated positions required to participate in AB 1234 Ethics Training.
EXECUTIVE SUMMARY
The Political Reform Act of 1974, approved by the voters, requires State and local government agencies to adopt a Conflict of Interest Code (“Code”). The City/District adopted a Code on February 7, 1983 pursuant to City Resolution No. 83-15 and EMID Resolution No. 1751. State law also requires the City/District to periodically update its Code by adopting by reference the terms of 2 California Code of Regulations §18730, as may, from time to time, be amended by the Fair Political Practices Commission (FPPC). The 2026 Local Agency Biennial Notice is required to be submitted to the City Council by October 1, 2026.
Item 5.7
The Code must list each position within the City/District that makes or participates in the making of governmental decisions. Individuals employed in these positions are called “designated employees.” In addition, certain consultants to public agencies must also file disclosure forms because they make or participate in making governmental decisions on behalf of the City/District.
The Code reviewing body for the City/District is the Council/Board. Periodically, the Code reviewing body, by resolution, must update the list of designated employees listed in the Appendix and make any other changes needed to comply with State law. The Code Appendix was last updated on September 16, 2024.This year, 3 amendments are recommended.
First, the Code has been amended to add the newly authorized Assistant Public Works Director position. The employee in the position of Assistant Public Works Director will be required to file yearly statements of economic interest using Categories 1, 2, and 3.
Second, the Code has been amended to reflect organizational changes in the maintenance and housing functions. The Building and Vehicle Maintenance Manager position has been replaced by the newly established Building/Fleet Maintenance Superintendent position, and the Housing Coordinator position has been replaced by the newly established Housing and Sustainability Manager position. Employees serving in the new positions will be required to file annual Statement of Economic Interest using Categories 4 and 6.
All necessary updates have been made and are shown in bold and/or strikeout in the attached Resolutions as required by the FPPC.
It is recommended that City Council/EMID Board of Directors review and adopt the attached amendments to the City/District’s Conflict Code.
Pursuant to Government Code section 53234(c)(2), the City Council may designate employees required to take the ethics training. The attached resolution for consideration specifies that all of the employees in the Appendix of the Code, as well as the City Manager and City Attorney, are required to take ethics training.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
The approval of the Code and AB 1234 training 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.
Item 5.7
FISCAL IMPACT
There is no fiscal impact associated with this action.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement
ATTACHMENTS
Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Conflict of Interest Code
Attachment 4 – Appendix
Attachment 5 – Notice of Intention to Amend a Conflict of Interest Code Item 5.7
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING THE APPENDIX DATED SEPTEMBER 21, 2026 TO UPDATE THE DESIGNATED
POSITIONS IN THE CONFLICT OF INTEREST CODE AND TO CONFIRM THE DESIGNATED POSITIONS REQUIRED TO PARTICIPATE IN AB 1234 ETHICS
TRAINING
CITY OF FOSTER CITY
WHEREAS, the Political Reform Act of 1974 (Government Code Sections 81000 et seq.) requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regulations Section 18730), which contains the terms of a standard Conflict of Interest Code and can be incorporated by reference in an agency’s code. After public notice and hearing, it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act; and
WHEREAS, therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix, designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of Foster City; and WHEREAS, designated officials and employees shall file statements of economic interests with the City Clerk or her designee for the City of Foster City, who will make the statements available for public inspection and reproduction (Government Code Section 81008). The City Clerk or her designee will retain statements for all designated officials and employees; and
WHEREAS, by adopting Resolution No. 83-15 on February 7, 1983, this Council adopted a Conflict of Interest Code for the City of Foster City, by adopting by reference, the terms of 2 Cal. Code of Regulations 18730, as may, from time to time be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act, and by also approving as an APPENDIX thereto, disclosure categories for certain designated positions with the City of Foster City; and
WHEREAS, the APPENDIX containing the disclosure categories for the designated positions reflects current personnel status; and
WHEREAS, the Conflict of Interest Code has been reviewed and the changes shown as strikeout and bold are proposed;
WHEREAS, AB 1234 (Government Code section 53235) requires certain legislative bodies that receive compensation, salary or stipend to a member of a Item 5.7
legislative body, to or are reimbursed expenses incurred by a member of the legislative body in the performance of their official duties are required to receive two hours of training in general ethics principles and ethic laws every two years.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of foster city that this Council, as code reviewing body for the City of Foster City, has determined that the attached Conflict of Interest Code and Appendix attached accurately sets forth those positions which should be designated and the categories of financial interests which should be made reportable for each position; and
BE IT FURTHER RESOLVED, that the Council hereby designates all of the positions listed in the APPENDIX, in addition to the City Manager and City Attorney, to be required to participate in the AB 1234 bi-annual training.
BE IT FURTHER RESOLVED that all former resolutions or parts thereof conflicting or inconsistent with the provisions of this resolution are hereby repealed.
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 21st day of September, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
ART KIESEL, MAYOR
ATTEST:
_________________________________
PRISCILLA SCHAUS, CITY CLERK
Item 5.7
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT APPROVING THE APPENDIX DATED SEPTEMBER 21, 2026 TO UPDATE THE DESIGNATED POSITIONS IN THE CONFLICT OF INTEREST
CODE AND TO CONFIRM THE DESIGNATED POSITIONS REQUIRED TO PARTICIPATE IN AB 1234 ETHICS TRAINING
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Political Reform Act of 1974 (Government Code Sections 81000 et seq.) requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regulations Section 18730), which contains the terms of a standard Conflict of Interest Code and can be incorporated by reference in an agency’s code. After public notice and hearing, it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act; and
WHEREAS, therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix, designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Estero Municipal Improvement District; and WHEREAS, designated officials and employees shall file statements of economic interests with the District Secretary or her designee for the Estero Municipal Improvement District, who will make the statements available for public inspection and reproduction (Government Code Section 81008). The District Secretary or her designee will retain statements for all designated officials and employees; and WHEREAS, by adopting Resolution No. 1751 on February 7, 1983, this District Board adopted a Conflict of Interest Code for the Estero Municipal Improvement District, by adopting by reference, the terms of 2 Cal. Code of Regulations 18730, as may, from time to time be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act, and by also approving as an APPENDIX thereto, disclosure categories for certain designated positions with the Estero Municipal Improvement District; and
WHEREAS, the APPENDIX containing the disclosure categories for the designated positions reflects current personnel status; and WHEREAS, the Conflict of Interest Code has been reviewed and the changes shown as strikeout and bold are proposed;
WHEREAS, AB 1234 (Government Code section 53235) requires certain legislative bodies that receive compensation, salary or stipend to a member of a Item 5.7
legislative body, to or are reimbursed expenses incurred by a member of the legislative body in the performance of their official duties are required to receive two hours of training in general ethics principles and ethic laws every two years.
NOW, THEREFORE, BE IT RESOLVED by the board of directors of the estero municipal improvement district, that this District Board, as code reviewing body for the Estero Municipal Improvement District, has determined that the attached Conflict of Interest Code and Appendix attached accurately sets forth those positions which should be designated and the categories of financial interests which should be made reportable for each position; and
BE IT FURTHER RESOLVED, that the Board of Directors hereby designates all of the positions listed in the APPENDIX, in addition to the District Manager and District Legal Counsel, to be required to participate in the AB 1234 bi-annual training.
BE IT FURTHER RESOLVED that all former resolutions or parts thereof conflicting or inconsistent with the provisions of this resolution are hereby repealed.
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 21st day of September, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ART KIESEL, PRESIDENT
ATTEST:
PRISCILLA SCHAUS, DISTRICT SECRETARY
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(Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
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The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's 2 Item 5.7
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disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April
1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
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(D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
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Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following:
1. A statement of the nature of the investment or interest; 5 Item 5.7
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2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain:
1. The name, address, and a general description of the business activity of the business entity;
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2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520. 7 Item 5.7
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(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from 8 Item 5.7
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any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.
This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 9 Item 5.7
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3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
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1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
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(9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. 12 Item 5.7
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The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
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This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
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5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.
HISTORY
1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).
Certificate of Compliance included.
2. Editorial correction (Register 80, No. 29).
3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).
4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).
5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).
6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).
7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).
8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
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9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).
10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).
11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.
12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).
13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).
14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).
15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).
16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).
17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 16 Item 5.7
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18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).
19. Editorial correction of subsection (a) (Register 98, No. 47).
20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).
21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).
22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).
23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).
24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, 17 Item 5.7
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nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).
25. Editorial correction of History 24 (Register 2003, No. 12).
26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).
27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).
28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).
29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).
30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).
31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of 18 Item 5.7
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Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).
32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.
Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2013, No. 2).
33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.
Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 51).
34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, 19 Item 5.7
136
April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).
35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).
36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).
37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 20 Item 5.7
137
Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).
21 Item 5.7
1 APPENDIX
(Dated September 21, 2026)
Designated Positions
Reportable
Economic Interest
Category Numbers
(Attached Hereto)
Administrative Services Director
Assistant City/District Manager
1, 2, 3
1, 2, 3
Assistant Finance Director 1, 2, 3
Assistant Public Works Director 1, 2, 3
Building and Vehicle Maintenance Manager 4, 6
Building/Fleet Maintenance Superintendent 4, 6
Chief Building Official 4, 5, 6
Communications Director/City Clerk/District Secretary 4, 6 Community Development Director 1, 2, 3
Assistant City Attorney/Assistant District Legal Counsel 1, 2, 3 Deputy City Manager 1, 2, 3
Engineering Manager 4, 6
Fleet Supervisor 4, 6
Human Resources Manager 1, 2, 3
Housing Coordinator 4, 6
Housing and Sustainability Manager 4, 6
Information Technology Manager 4, 6
Parks and Recreation Director 1, 2, 3
Parks Maintenance Manager 4, 6
Parks Supervisor 4, 6
Planning Manager 4, 5, 6
Police Captain 5
Police Chief 1, 2, 3
Public Works Director 1, 2, 3
Public Works Maintenance Manager 1, 2, 3
Public Works Maintenance Superintendent 4, 6
Recreation Manager 4, 6
Consultants/New Positions shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the Code (1, 2, 3) subject to the following limitation:
“The City/District Manager may determine in writing that a particular consultant or new position, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements descried in this section. Such written determination shall include a description of the consultant’s or new position’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City/District Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. (Government Code Section 81008.)”
**The following positions are NOT covered by the code because they must file under California Government Code §87200 and, therefore, are listed for informational purposes only: City/District Attorney, City/District Manager, and Finance Director/City Treasurer, City Councilmembers/Board of Directors, City Planning Commissioners.
Item 5.7
2 CATEGORIES OF REPORTABLE ECONOMIC INTERESTS
Category 1. All-inclusive Reportable Investments
A designated employee in this category shall disclose all reportable investments (worth more than $2,000):
a) Owned by the designated employee, his or her spouse or dependent child; b) Owned by an agent on behalf of the designated employee; c) Owned by any business entity controlled by the designated employee (i.e., any business entity in which the designated employee, his or her agents, spouse and dependent children hold more than a 50% ownership interest); d) Owned by a trust in which the designated employee has a substantial interest (i.e., a trust in which the designated employee, his or her spouse and dependent children have a present or future interest worth more than $2,000); e) Representing the pro rata share (worth more than $2,000) of the designated employee, his or her spouse and dependent children, of investments of any business entity or trust in which the designated employee, his or her spouse and dependent children own, directly, indirectly or beneficially, a 10% interest or greater. “Investment" means any financial interest in or security issued by a City of Foster City/ Estero Municipal Improvement District-related business entity, including, but not limited to common stock, preferred stock, rights, warrants, options, debt instruments and any partnership or other ownership interest.
A business entity is “City of Foster City/Estero Municipal Improvement Districtrelated” if and only if the business entity or any parent, subsidiary or otherwise related business entity: i) has an interest in real property within the jurisdiction, ii) does business in the City of Foster City/Estero Municipal Improvement District, or iii) did business or plans to do business in the City of Foster City/Estero Municipal Improvement District at any time during the period commencing two years prior to and ending one year after the time the designated employee is required by this Code to file his or her next Statement of Economic Interests or to disqualify himself or herself with respect to a City of Foster City/Estero Municipal Improvement District decision. (The term “parent, subsidiary, or otherwise related business entity" shall be construed as specifically defined by the Commission.)
No asset is deemed an “investment" unless its fair market value exceeds $2,000. 2 Item 5.7
3 The term ”investment” does not include a time or demand deposit in a financial institution, shares in a credit union, any insurance policy, or any bond or other debt instrument issued by any government or government agency.
Category 2. All-Inclusive Reportable Interests in Real Property A designated employee in this category shall disclose all interests (worth more than $2,000) in real property located within the jurisdiction if the interests are:
a) Held or owned by the designated employee, his or her spouse and dependent child; or
b) The pro rata share (worth more than $2,000) of interests in real property of any business entity or trust in which the designated employee or spouse owns, directly or indirectly or beneficially, a 10% interest or greater. “Interest in real property” includes any leasehold, beneficial or ownership interest, or any option to acquire such an interest, in real property, but does not include the principal residence of the filer.
Real property shall be deemed to be “located within the jurisdiction" if the property or any part of it is located within or not more than two miles outside the boundaries of the City of Foster City or the Estero Municipal Improvement District or within two miles of any land owned or used by the City of Foster City or the Estero Municipal Improvement District.
Category 3. All-Inclusive Reportable Income
A designated employee in this category shall disclose all income of the designated employee for any City of Foster City/Estero Municipal Improvement Districtrelated source pursuant to the aggregate amount and gift limit outlined in 2 California Code of Regulations Section 18730 during the reporting period. a) “Income" means, except as provided in subsection b), income of any nature from any City of Foster City/Estero Municipal Improvement District-related source, including but not limited to any salary, wage, advance, payment, honorarium, award, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness, discount in the price of anything of value unless the discount is available to members of the general public without regard to official status, rebate, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in income of a spouse from a City of Foster City/Estero Municipal Improvement District-related source. Income of an individual also includes a pro rata share of any income of any City of Foster City/Estero Municipal Improvement District-related business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a ten percent interest or greater.
A source, business entity or trust is “City of Foster City/Estero Municipal improvement District-related” if and only if he, she or it: (i) resides in the jurisdiction, 3 Item 5.7
4 (ii) has an interest in real property within the jurisdiction, (iii) does business in the City of Foster City/Estero Municipal Improvement District at any time during the period commencing two years prior to and ending one year after his or her next Statement of Economic Interests or to disqualify himself or herself with respect to a City of Foster City/Estero Municipal Improvement District decision. b) “Income” does not include:
(1) Campaign contributions required to be reported under Chapter 4 of the Act; (2) Salary and reimbursement for expenses or per diem received from a state or local government agency and reimbursement for travel expenses and per diem received from a bona fide educational, academic or charitable organization;
(3) Gifts of informational material, such as books, pamphlets, reports, calendars or periodicals;
(4) Gifts which are not used and which, within thirty days after receipt, are returned to the donor or delivered to a charitable organization without being claimed as a charitable contribution for tax purposes;
(5) Gifts from an individual’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, aunt, uncle, or first cousin or the spouse of any such person; provided that a gift from any such person shall be considered income if the donor is acting as an agent or intermediary for any person not covered by this paragraph; (6) Gifts of hospitality involving food, beverages, or lodging provided to the designated employee, if such hospitality has been reciprocated within the filing period. “Reciprocity” as used in this subsection includes the providing by the designated employee to the host of any consideration, including entertainment or household gift of a reasonable similar benefit or value; (7) Any devise or inheritance;
(8) Interest, dividends or premiums on a time or demand deposit in a financial institution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or government agency;
(9) Dividends, interest or any other return on a security which is registered with the Securities and Exchange Commission of the United States Government; and
(10) Loans by a commercial lending institution in the regular course of business. c) “Honorarium" means a payment for speaking at any event, participating in a panel or seminar or engaging in any similar activity. For purposes of this subsection, free admission, food, beverages and similar nominal benefits provided to a filer at an event at which he or she speaks, participates in a panel or seminar, or performs a similar service, and reimbursement or advance for actual intra-state travel and for necessary accommodations provided directly in connection with the event are not payment and need not be reported by the designated employee.
An honorarium must be reported as a gift unless it is clear from all of the surrounding circumstances that the services provided represented equal or greater value than 4 Item 5.7
5 the payment received. If it is clear from the surrounding circumstances that the services provided were of equal or greater value than the payment received, the honorarium is income, not a gift. When the designated employee claims that the honorarium is not a gift, he shall have the burden of proving that the consideration is of equal or greater value unless the designated employee is a defendant in a criminal action.
A prize or an award shall be disclosed as a gift unless the prize or award is received on the basis of a bona fide competition not related to the designated employee’s official status. Prizes or awards which are not disclosed as gifts shall be disclosed as income.
Category 4. Less-Inclusive Reportable Investments
A designated employee in this category shall disclose those, and only those, Category 1 reportable investments which pertain to a business entity, a business activity of which is that of:
a) Providing within the last two (2) years, or foreseeable in the future, services, supplies, materials, machinery or equipment to the City of Foster City/Estero Municipal Improvement District.
b) Conducting a business in the City of Foster City/Estero Municipal Improvement District which requires a business license therefore pursuant to ordinances of the City/District.
c) Sale, purchase, exchange, lease or rental, or financing, for its own account or as broker, of real property or the development, syndication or subdivision of real property or construction thereon of buildings or structures.
Category 5. Less-Inclusive Reportable Interests in Real Property A designated employee in this category shall disclose those, and only those, Category 2 reportable interests in real property where the property or any part of it is located within or not more than 500 feet outside the boundaries of the City of Foster City and Estero Municipal Improvement District.
Category 6. Less-Inclusive Types of Reportable Income
A designated employee in this category shall disclose those, and only those types of Category 3 reportable income which are derived from a source, an activity of which is that of:
a) Providing within the last two (2) years, or foreseeable in the future, services, supplies, materials, machinery or equipment to the City of Foster City/Estero Municipal Improvement District.
b) Conducting a business in the City of Foster City/Estero Municipal Improvement District which requires a business license therefore pursuant to ordinances of the City/District.
5 Item 5.7
6 c) Sale, purchase, exchange, lease or rental, or financing, for its own account or as broker, of real property or the development, syndication, or subdivision, of real property or constriction thereon of buildings or structures. 6 Item 5.7
CITY OF FOSTER CITY
NOTICE OF INTENTION TO AMEND A
CONFLICT OF INTEREST CODE
NOTICE IS HEREBY GIVEN that the City of Foster City intends to amend a conflict of interest code pursuant to Government Code Section 87300 and 87306. Pursuant to Government Code Section 87302, the code will designate employees who must disclose certain investments, income, interests in real property and business positions, and who must disqualify themselves from making or participating in the making of governmental decisions affecting those interests.
This year, three amendments are recommended.
First, the Code has been amended to add the newly added Assistant Public Works Director position. The employee in the position of Assistant Public Works Director will be required to file yearly statements of economic interest using Categories 1, 2, and 3.
Second, the Code has been amended to add the newly added Building/Fleet Maintenance Superintendent and Housing and Sustainability Manager positions. The employees in these positions will be required to file yearly statements of economic interest using Categories 4 and 6.
Third, the Code has been amended to remove certain positions that are no longer used or filled in the organization. Those positions are Building and Vehicle Maintenance Manager and Housing Coordinator.
All necessary updates have been made and are shown in bold and/or strikeout in the attached Appendix as required by the Fair Political Practices Commission.
Copies of the proposed code and all of the information upon which it is based may be obtained from the City of Foster City. Any inquiries concerning the proposed code should be directed to the City Clerk, (650) 286-3250; [email protected].
Item 5.7
DATE: September 21, 2026
TO: President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, District Manager
Marlene Subhashini, Assistant District Manager
FROM: Andrew Brozyna, Public Works Director
Laura Galli, Engineering Manager
Francine Magno, Senior Civil Engineer
Jerrick Carandang, Associate Engineer
DEPARTMENT: Public Works
SUBJECT: Removal of the Underground Storage Tank as Part of the Emergency Generator Replacement Project (CIP 455-705) - Notice of Completion
RECOMMENDATION
It is recommended that the Board of Directors of the Estero Municipal Improvement District (District Board) adopt the attached resolution authorizing acceptance of the work performed by Patriot Environmental Services, Inc. (Patriot) for the removal of the Underground Storage Tank (UST) as part of the Emergency Generator Replacement Project (CIP 455-705) and directing the District Secretary to file the Notice of Completion.
EXECUTIVE SUMMARY
CIP 455-705 addresses the replacement of emergency generator systems (generators) and automatic transfer switch (ATS) equipment at ten (10) of the District’s lift stations.
CIP 455-705 also included the removal of an UST, day fuel tank and associated equipment which fuel the back-up generator at Lift Station 29. The current tank is no longer in use, and does not comply with current regulations. New fuel storage tanks must be installed above ground which will occur with the installation of the new Item 5.8
generator scheduled for Winter 2026, as part of the next phase of this project. The work has been completed by Patriot in conformance with the contract documents. It is recommended that the District Board accept the work and direct the District Secretary to file the Notice of Completion and close out the project.
BACKGROUND
CIP 455-705 was approved by the District Board as part of the Fiscal Year 2021-2022 budget to address the replacement of emergency generators at ten (10) of the District’s wastewater lift stations (Lift Stations 10, 12, 14, 15, 16, 22, 26, 29, 41 and 59).
The project scope includes the removal of a UST located within the Bank of America parking lot at 909 East Hillsdale Boulevard that fuels the back-up generator for Lift Station 29. The UST had experienced ongoing failures in passing line tightness tests, which checks if the underground fuel pipes are leaking and has recently failed an acoustic monitoring inspection, which uses sensors to detect corrosion/leaks, conducted by San Mateo County Health’s Environmental Health Services (SMCEHS). Although decommissioned, testing is required to be conducted annually until the tank‘s final removal. In March 2025, staff decided to expedite the removal of the UST, ahead of construction of the Emergency Generator Replacement Project, to avoid further violations and potential fees. The work included the removal of the day fuel tank, conduit, wiring, and equipment connected to the UST both inside and outside of the Bank of America building. The existing generator remains in the building and will be replaced with a new generator during the next phase of the project.
Freyer & Laureta, Inc. (F&L) developed the construction documents for the project and assisted with permitting. Bids for the construction of CIP 455-705 were solicited through an informal bidding process as outlined in Chapter 3.04.190 - Purchasing System, of the Foster City Municipal Code.
On January 20, 2026, the District Board adopted EMID Resolution No. 3830 authorizing the award of a construction contract to Patriot in the amount of $162,227 for the removal of the underground storage tank as part of CIP 455-705 and the establishment of a contingency in the amount of $32,000.
ANALYSIS
Construction began on April 20,2026 and was substantially completed on May 21, 2026.
Day-to-day construction management and inspection services were performed by MCK America, Inc. with environmental testing of the adjacent soils where the tank was located was performed by Haley & Aldrich. The project required a permit from and coordination with SMCEHS. SMCEHS has inspected the project and verified there were no contaminations found. On August 20, 2026, SMCEHS accepted and finalized the Item 5.8
closure of the tank. The contractor has completed all punch list items of work and the final invoice for the work has been received.
Over the construction period, there was one (1) contract change order (CCO) issued, totaling $28,975.14. CCO #1 pays for the costs of over excavation, additional soils disposal, and additional backfill and pavement restoration due to the actual tank size being larger than what was shown on the record drawings.
Given that Patriot has completed its work in conformance with the contract documents, it is recommended that the District Board accept the work and direct the District Secretary to file the Notice of Completion for the project.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
On January 20, 2026, the Board of Directors determined that the project was categorically exempt pursuant to CEQA guidelines section 15301 (Class 1, Existing Facilities).
FISCAL IMPACT
There is no fiscal impact associated with this resolution. The following is the project expenditure summary:
Current Budget Amount
Wastewater Capital Investment (455) $ 7,200,000.00
Construction Contract Expenses
Construction Contract with Patriot Environmental
Services, Inc. $ 162,227.00
CCO #1 $ 28,975.14
Construction Management Agreement with MCK
America, Inc. $ 32,098.07
Total Construction Expenses $ 223,300.21
Other Project Related Expenses
Agreement with F&L for UST $ 37,428.32
Miscellaneous Expenses (SMC Drilling permit, bid
posting) $ 1,285.00
Total Anticipated Expenditures (for UST work) $ 262,013.53 Item 5.8
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Notice of Completion – Removal of the Underground Storage Tank as Part of CIP 455-705
Item 5.8
RESOLUTION NO. __________
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL
IMPROVEMENT DISTRICT ACCEPTING THE WORK BY PATRIOT ENVIRONMENTAL
SERVICES FOR THE REMOVAL OF THE UNDERGROUND STORAGE TANK AS PART OF THE EMERGENCY GENERATOR REPLACEMENT PROJECT (CIP 455-705)
AND DIRECTING THE DISTRICT SECRETARY TO FILE THE NOTICE OF
COMPLETION
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Public Works Director/District Engineer has filed with the District Secretary the Notice of Completion for the work known as the Removal of Underground Storage Tank as part of the Emergency Replacement Generator Project (CIP 455-705) located in the City of Foster City, situated in San Mateo County, California; provided to be done under and pursuant to the contract documents and agreement between the Estero Municipal Improvement District and Patriot Environmental Services dated February 18, 2026; and
WHEREAS, it appears to the satisfaction of the Board of Directors that said work has been completed in an acceptable manner; and
WHEREAS, on January 20, 2026, the Board of Directors determined that the project was categorically exempt pursuant to CEQA guidelines section 15301(b).
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize:
1. The acceptance of said work subject to reservation of all District's rights arising from any defective workmanship and/or materials not observed during construction being hereafter discovered and becoming known to District; and
2. The District Secretary to notarize and file for record with the County Recorder of the County of San Mateo the Notice of Completion thereof, as required by law, and file a conformed, recorded copy of said notice with the Finance Director and Public Works Director/District Engineer; and
3. The District Secretary to notify Patriot Environmental Services that the Construction Performance Bond No. ES00001402 from Everest Reinsurance Company may be released one year following the recordation of the Notice of Completion; and
4. The District Secretary to release the Labor and Material Bond No.
ES00001402 from Everest Reinsurance Company, thirty-five (35) days after Item 5.8
the date of recording of the Notice of Completion if no claims or Stop Notices have been received.
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 21st day of September 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
ART KIESEL, PRESIDENT
ATTEST:
______________________________________
PRISCILLA SCHAUS, DISTRICT SECRETARY
Item 5.8
NOTICE OF COMPLETION
REMOVAL OF THE UNDERGROUND STORAGE TANK AS PART OF THE
EMERGENCY GENERATOR REPLACEMENT PROJECT (CIP 455-705)
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
NOTICE IS HEREBY GIVEN that Patriot Environmental Services entered into a contract dated the 18th of February 2026 for the construction of certain improvements in the City of Foster City, situated in San Mateo County, California. Said construction is known as the Removal of the Underground Storage Tank as part of the Emergency Generator Replacement Project (CIP 455-705) and of removing an underground storage tank, day fuel tank and associated equipment at Lift Station 29.
That said work is located in the City of Foster City, situated in San Mateo County, California, and was completed on the 4th day of June 2026.
That acceptance of said work was ordered by resolution of the Estero Municipal Improvement District adopted on the 21st day of September 2026.
That the name and bond number of the surety of the contractor's bond for Labor and Materials on said project is Everest Reinsurance Company and Labor and Material Bond No. ES00001402.
That said work and improvements consisted of the furnishing of all labor, materials, tools, equipment, services, and incidentals required to undertake and complete the Removal of the Underground Storage Tank as part of the Emergency Generator Replacement Project (CIP 455-705), all in accordance with the contract documents as required by the Estero Municipal Improvement District and more particularly described in the agreement approved by the Board of Directors of the Estero Municipal Improvement District pursuant to City Resolution No. 3830 adopted on the 20th of January 2026, subject to reservation of all District rights arising from the contract documents and further, any defective workmanship and/or materials not observed during construction being thereafter discovered and known to the District.
DATED: ___________________ _______________________________________ Andrew Brozyna
Public Works Director/District Engineer
Estero Municipal Improvement District
Item 5.8
DATE: September 21, 2026
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Derek Schweigart, Parks and Recreation Director
Tiffany Oren, Recreation Manager
Madeline Dietzman, Recreation Coordinator
DEPARTMENT: Parks and Recreation
SUBJECT: Appointment of Fifteen Members to The Youth Advisory Committee
RECOMMENDATION
It is recommended that the City Council approve the attached resolution appointing the following fifteen (15) members to the Youth Advisory Committee (YAC) to full terms for the 2026-2027 school year.
Name, School, Grade
*Medha Chellapilla, San Mateo High School, 10
Saanvi Garg, San Mateo High School, 10
*Jakob Gowdy, Hillsdale High School, 12
*Anoushka Kashyap, San Mateo High School, 12
*Navya Kayath, San Mateo High School, 11
Rhia Kulkari, Aragon High School, 10
*Maanyaa Mishra, San Mateo High School, 11
*Isha Misra, San Mateo High School, 12
Dat Nguyen, San Mateo High School, 9
*Scarlett Pawlick-Ward, San Mateo High School, 11
*Nolan Quan, Hillsdale High School, 12
*Sona Rajput, Aragon High School, 12
Srishti Sathish, Bowditch Middle School, 7
*Saachi Sinha, Hillsdale High School, 9
Item 6.1
Kevin Yee, Hillsdale High School, 11
* Denotes returning members
EXECUTIVE SUMMARY
Staff received 36 applications for YAC for the 2026–2027 school year. Twenty-four candidates scheduled interviews for the five open positions, while 10 returning members were invited to continue serving based on their previous term and overall participation.
Based on the selection process and evaluation, staff recommend the above 15 applicants be appointed to YAC for the 2026–2027 school year.
BACKGROUND/ANALYSIS
The Youth Advisory Committee (YAC) was established to encourage greater youth involvement in Foster City and provide young people with a meaningful voice in the community. The Committee’s goal is to explore youth/teen issues and report recommendations and results to City Council.
YAC has operated with 15 members since 2011, when the City Council supported reducing the Committee from 25 members. The 15-member structure allows for representation across schools and grade levels while providing members with meaningful opportunities to participate, work collaboratively, and take an active role in planning and implementing YAC activities.
The YAC size is large enough to efficiently plan and implement activities; all members can actively participate and work as a team; and the Parks and Recreation Department staff liaison is able to spend more time guiding and advising each individual member.
Staff and YAC members saw a need to create the classification of ‘Member-at-Large’ positions due to the overwhelming interest in being involved in YAC activities.
Members-at-Large do not sign the YAC commitment contract and do not have voting privileges. They do, however, attend meetings and participate in YAC activities. The addition of Members-at-Large meets the needs of the Foster City youth when they cannot commit to attending of the required committee meetings. Members-at-Large positions are open to anyone who wants to be involved in YAC and provide an additional opportunity for applicants who are not selected for an official position.
The process of choosing YAC committee members includes reviewing completed application forms and responses to questions that focus on the applicant’s involvement in school and community activities. The following criteria are used to select applicants:
• Outstanding level of commitment in previous years serving on the YAC • Involvement in community activities
• Application
Item 6.1
• Interview
• Overall School Representation
• Overall Grade Representation
In April 2026, Staff Liaison Madeline Dietzman and a Recreation Leader III conducted interviews for the YAC. A total of 36 applications were received, with 24 candidates scheduling an interview for the five open positions. The remaining 10 positions were filled by returning YAC members who were invited to continue serving based on their previous term and overall participation.
Candidates were evaluated based on their application and interview responses. The interview process focused on their interest in YAC, ability to work effectively in a team setting, availability and commitment to dedicating time to the committee, and creativity in developing ideas and activities they would like to bring to YAC. Staff considered each candidate’s overall responses and ability to work collaboratively toward the committee’s goals when making selections, while also considering school and grade representation as part of the overall composition of the committee.
Selected candidates are notified in May regarding their placement for the upcoming YAC term. Overall, the selection process helps ensure that new members are engaged, committed, collaborative, and excited to contribute to the committee.
For the next recruitment cycle, staff will continue to evaluate returning YAC members based on their participation, attendance, engagement, and overall contribution. To increase transparency, staff will clearly communicate the selection process and criteria, use a consistent evaluation rubric, and keep all applicants informed of their status and selection timeline. Returning members recommended to continue will still complete the application process and be formally considered alongside new applicants.
Upon City Council approval, YAC would consist of fifteen active members for the 2026- 27 school year.
Staff recommends that the above applicants be appointed as outlined in this staff report.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Not Applicable
FISCAL IMPACT
There is no fiscal impact associated with this item.
Item 6.1
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement
ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Contract
Attachment 3 – Application
Item 6.1
RESOLUTION NO.____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY
APPROVING THE APPOINTMENT OF FIFTEEN MEMBERS TO THE YOUTH
ADVISORY COMMITTEE
CITY OF FOSTER CITY
WHEREAS, staff reviewed thirty-six applicants for the Youth Advisory Committee for the 2026-2027 school year; and
WHEREAS, fifteen applicants are recommended for appointments and met the minimum requirements; and
WHEREAS, staff conducted interviews of all new and returning applicants; and WHEREAS, selections were made based on the following criteria:
• Outstanding level of commitment in previous years serving on the YAC • Involvement in community activities
• Application
• Interview
• Overall School Representation
• Overall Grade Representation
WHEREAS, it is recommended that the City Council appoint the following fifteen members to the Youth Advisory Committee: Medha Chellapilla, Saanvi Garg, Jakob Gowdy, Anoushka Kashyap, Navya Kayath, Rhia Kulkari, Maanyaa Mishra, Isha Misra, Dat Nguyen, Scarlett Pawlick-Ward, Nolan Quan, Sona Rajput, Srishti Sathish, Saachi Sinha, and Kevin Yee, to full terms on the Youth Advisory Committee for the 2026-2027 school year.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby appoint the above-named applicants for the full term on the Youth Advisory Committee for the 2026-2027 school year.
Item 6.1
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 21st day of September 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
ART KIESEL, MAYOR
ATTEST:
_____________________________
PRISCILLA SCHAUS, CITY CLERK
Item 6.1
The City of Foster City
2026 – 2027 Youth Advisory Committee
COMMITEMENT CONTRACT
As a member of the Youth Advisory Committee, I agree to the following:
1. I commit to participate on the Youth Advisory Committee from September 2026 through June 2027.
2. I promise to miss no more than three regularly scheduled meetings.
3. I promise to serve on at least two sub-committees throughout the term.
4. I will observe policies and procedures of the City of Foster City and the Parks and Recreation Department.
I understand that if I fail to meet the above commitments, my continued service with the Foster City Youth Advisory Committee will be reviewed. If the committee members feel it is necessary, a recommendation for removal from the committee may be forwarded to the City Council for review.
YAC Member Signature: Date:
Parent/Guardian Signature: Date:
YAC Advisor Signature: Date:
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2026-27 Youth Advisory Committee Application
Statement of Purpose
The Foster City Youth Advisory Committee shall have the following purpose, power and duties:
1. Foster greater involvement of youth in municipal government and civic affairs.
2. Study problems, activities, and concerns of youth, especially as they relate to municipal programs or projects of the City of Foster City.
3. Hold forums on problems, activities, and concerns of youth, either alone or in conjunction with other governmental agencies and community organizations as the Youth
Advisory Committee deems desirable.
4. Recommend the implementation of community programs which the Youth Advisory Committee deems desirable.
5. Review those municipal matters referred to YAC by the City Council or other City Committees and make recommendations to the Council or committees on those matters.
Requirements
To be a member of the Youth Advisory Committee you must:
1. Be a resident of Foster City.
2. Be entering grades 6 though 12 in Fall of 2026.
3. Be available for a team building, leadership training in September.
4. Be available for meetings on Wednesdays from 7:00-8:00pm beginning in September and ending in June.
5. Be willing to attend additional meetings as necessary.
Commitment
As a member of the Youth Advisory Committee you must sign a contract which states you will:
1. Participate on the Committee from September 2026 through June 2027.
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2. Attend meetings and events.
3. Serve on at least two subcommittees throughout the term.
4. Observe all policies and procedures of the City of Foster City and the Parks and Recreation Department.
Please fill out the following:
1. Name:
2. Address:
3. Phone Number:
4. Email Address:
5. Birthdate:
6. School and Grade in Fall 2026:
7. Extra-Curricular Activities:
8. Why do you want to be a member of YAC?
9. What issues would you like to see addressed by YAC?
10. What do you feel you can offer as a member of this committee? Item 6.1
DATE: September 21, 2026
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Sofia Mangalam, Deputy City Manager
Ken Hira, Consultant Kosmont Companies
DEPARTMENT: City Manager
SUBJECT: Draft Report for Real Estate Economic Market Analysis
RECOMMENDATION
It is recommended that the City Council, by Minute Order, receive and accept the final Update on the Real Estate Economic Market Analysis and provide direction on any desired revisions for incorporation into the Draft Real Estate Economic Market Analysis (Draft Report) for the adoption of the Final Report.
EXECUTIVE SUMMARY
The City of Foster City (City) initiated a Real Estate Economic Market Analysis (Analysis) to provide the City with a data-driven understanding of current and emerging real estate and economic conditions in response to changing market dynamics, evolving demographic trends, and long-term development pressures that relate to the City. To support this initiative, on February 2, 2026, the City Council approved an agreement with Kosmont Companies (Kosmont) to conduct an independent Analysis to assess market trends and cycles, demographic trends, supply and demand dynamics, economic indicators, evaluate future needs, and provide strong baseline data that will be used to inform actionable strategies to guide sustainable growth and economic development.
Over, the course of the Analysis, Kosmont presented three (3) updates to the City Council, including an initial overview of the Analysis’ scope and methodology, followed by Updates #1 and #2.
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Update #1, presented on April 20, 2026, included population and psychographic analysis; an evaluation of the City’s economic base; an assessment of office, industrial/flex (R&D), retail, and hotel market conditions; and an analysis of visitation patterns and retail spending leakage. Update #2, presented on July 20, 2026, provided an overview of the stakeholder and community feedback and presented an overview of 10 opportunity sites and their potential for development, redevelopment, or repurposing based on market conditions and community priorities.
This final presentation from Kosmont focuses on the Draft Report, integrating the results and findings of Updates #1 and #2, providing an overview of the City’s economic and market outlook, and establishing a five-year framework of goals, strategies and implementation actions to support the City’s long-term economic vitality.
Staff requests that the City Council provide direction on any desired revisions for incorporation into the Draft Report. Following the City Council’s discussion and direction, staff will incorporate any requested revisions and return to the City Council with the Final Report for adoption at a future meeting.
BACKGROUND
On September 22, 2025, staff issued an RFP to qualified consultants to conduct an independent professional Real Estate Economic Market Analysis. The RFP included the following five (5) components:
Citywide Real Estate Economic Market Assessment
Population and Psychographic Analysis
Identify Future Economic Development Needs
City Council Engagement and Review Process
Stakeholder and Community Engagement
On February 2, 2026, the City Council approved an agreement with Kosmont to conduct an independent, professional Real Estate Economic Market Analysis. Subsequently, on February 10, 2026, during the City Council retreat, Ken Hira, President of Kosmont, presented a brief overview of the Analysis’ scope and methodology, followed by questions from Council members. In March, the consultant team held one-on-one meetings with individual Council members to further understand Council priorities and their vision for the Study. The consultant team then began collecting data and reviewing the City’s real estate sectors using a variety of sources and analytical tools.
On April 20, 2026, Kosmont presented Update #1, which included population and psychographic analysis, an evaluation of the City’s economic base, an assessment of office, industrial/flex (R&D), retail, and hotel market conditions, and an analysis of visitation patterns and retail spending leakage. Following Update #1, Kosmont and City staff conducted extensive stakeholder and community engagement, including two (2) community meetings, four (4) focus group meetings, 17 stakeholder meetings, and a Item 7.1
community survey. Based on stakeholder, community, and Council feedback, Kosmont compiled a list of opportunity sites and evaluated them for their potential for development, redevelopment, or repurposing based on market conditions and community priorities.
On July 20, 2026, Kosmont presented Update #2 including the following:
• Overview of Community and Stakeholder Engagement
• Evaluation of 10 Opportunity Sites and their development/redevelopment potential, including the following:
o Vacant parcel at the corner of Metro Center Blvd and Shell Blvd. o 1010 Metro Center (former OSH)
o 1065 Hillsdale Century Plaza
o 388 Vintage Park (former El Torito restaurant)
o Mariners Point Golf Center
o State Lands
o Edgewater Place Shopping Center
o Sea Cloud II
o 1601 Beach Park Blvd.
o 700 Lincoln Center
• Assessment of themes, including impact of noise ordinance, impact of redevelopment of Hillsdale Mall and Bridgepointe Shopping Center, feasibility of a High School and creation a downtown core.
ANALYSIS
Building upon the findings, analysis, and feedback through Updates #1 and 2, Kosmont has prepared a Draft Report that consolidates the work completed to date, provides an overview of the City’s economic and market outlook, and establishes an Economic Development Action Plan to support the City’s long-term economic vitality.
The Draft Report prepared by Kosmont and upon adoption at a future City Council meeting will serve as a strategic framework to guide staff’s economic development efforts over the next five (5) years.
The Draft Report includes the following five (5) sections:
1. Background and Overview
2. Economic and Market Outlook
3. Economic Development Action Plan
4. Land Use Trends and Case Studies
5. Opportunity Sites
Appendices
Appendix A: Population and Household Demographics
Appendix B: Real Estate Market Assessment
Appendix C: Overview of Community, Stakeholder, and City Council Input Item 7.1
Appendix D: Themes and Considerations
The findings presented in Updates #1 and #2 are incorporated into Sections 4 and 5 and the appendices in the Draft Report. While much of the information remains consistent with the previous updates, Kosmont has updated Retail Market, Office Market, and Industrial/Flex Market sections using August 2026 CoStar Real Estate data, replacing February 2026 data. Additionally, the Community Outreach section has also been expanded to include additional information from the community survey.
This staff report focuses on Sections 2 and 3 of the Draft Report as other sections have been presented to the City Council before.
Section 2: Economic and Market Outlook (pages 13-16 of Attachment #1) As part of the Analysis, Kosmont was asked to identify Economic Development needs for Foster City related to regional land use trends and a forecast of likely conditions over the next decade (2035).
The Section addresses General Fund financial trends, changing office and employment patterns, industrial land use, housing and demographic trends, potential strategies for additional housing, and evolving retail trends. The analysis considers changing market conditions and identifies opportunities for the City to strengthen its fiscal position, support economic activity, and respond to evolving housing and commercial development needs.
Some of the key highlights are:
General Fund Financial Outlook: Over the next 10 years, economic development efforts can help help the City strengthen its revenue base by encouraging appropriate commercial and industrial investment and pursue opportunities that enhance property and sales tax revenue.
Changing Office Dynamics: Office dynamics have shifted since COVID‑19, with more residents working from home and spending locally. however, recent corporate return-to-office policies might have an impact to improve higher office vacancy.
Strong Industrial Market: Industrial growth is strongest in logistics and data centers statewide, but Foster City’s limited land suggests focusing on smaller light‑industrial and flex‑space uses that support makers, entrepreneurs, and small manufacturers.
Housing as Economic Development: Housing trends show declining household sizes and fewer families with children, influencing demand toward multifamily, attached, and multigenerational housing. This shift also affects the types of businesses that will thrive, as residential land increasingly serves as a place for living, working, and shopping.
Evolving Retail: There is a 20+ year trend of retail spending toward online and omni‑channel models, reducing demand for traditional stores. To stay competitive, Foster City should prioritize experience‑based retail and support local businesses.
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Mixed residential‑retail development—especially horizontal mixed use—is a practical approach given changing market conditions.
Section 3: Economic Development Action Plan (pages 17-26 of Attachment #1) This is one of the most important sections of the Draft Report as it outlines a five-year framework of goals, strategies and implementation actions to support the City’s long-term economic vitality. The Action Plan builds upon the Real Estate Economic Market Assessment, analysis, market and land use trends, stakeholder and community feedback, and other supporting research. Collectively, these findings informed the goals, strategies and implementation actions.
The Action Plan includes six (6) broad goals based on the community and stakeholder outreach and discussions on a wide range of opportunities and challenges. Each goal, then, includes strategies and implementation actions. For each strategy, Kosmont has listed expected time frames, performance metrics and rough cost to the City.
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Fig 1: City of Foster City Economic Development Action Plan (Draft)
1. Promote Long-Term Health of the City
Strategy 1: Strengthen the City’s Economic Development Function A. Establish Economic Development support staff as the initial contact for new commercial or housing proposals. City should have designated staff member(s) (i.e., Ombudsman) who are responsible for guiding project proposals through the City’s review, entitlements, and permitting processes.
B. Conduct regular outreach to property owners, business owners, property managers, and real estate brokers to identify leasing and development challenges, understand market and business needs, and how the City can help them take advantage of new opportunities.
C. Initiate review of established City policies and procedures that have a negative impact on business, and if necessary, work with the Community Development Department and the City Attorney’s Office to modify those policies in accordance with City Council direction (e.g., Noise Ordinance).
Strategy 2: Monitor Economic Trends and Performance
A. Continue to monitor local economic, market, and demographic trends using advanced data analytics to measure performance and identify opportunities and challenges. Use a commercial real estate data and analytics platform (e.g., CoStar) subscription to update data included in the Real Estate Market Analysis on a semiannual basis.
B. Leverage tools, such as Placer.ai, to analyze visitation patterns, foot traffic, and resident spending behavior.
2. Placemaking Through Art, Signage, and Events
Strategy 1: Expand Public Art
A. Expand public art throughout Foster City by integrating into new development and key public spaces to enhance placemaking, community identity, and the overall experience. Identify priority locations for public art within key public spaces.
B. Evaluate establishing a “Public Art Impact Fee” for qualifying new development or redevelopment to fund installation of Public Art.
Strategy 2: Enhance Wayfinding
A. Engage a design consultant to develop a coordinated wayfinding and signage program to improve navigation through Foster City’s curvilinear street network, enhance a sense of place, and strengthen connection to key destinations and businesses.
B. Identify priority locations and implement a pilot phase, particularly around commercial / retail centers, entry gateways, and recreational amenities.
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C. Install signage as funding becomes available.
Strategy 3: Expand Events & Programming
A. Expand Parks and Recreation Department’s year-round special events and arts and cultural recreational programming to increase activity and strengthen community identity.
B. Create a program to allow for cultural or artistic uses to temporarily occupy vacant commercial spaces. Allow entrepreneurs to create “pop-up” retail initiatives, test new concepts, or operate incubator spaces to increase activation in various commercial centers.
3. Advance Branding and Marketing
Strategy 1: Strengthen Business Visibility and Community Connections A. Engage a branding / marketing consultant to launch a comprehensive marketing and branding campaign that strengthens the City’s identity and promotes key attractions and amenities to draw more spending by day visitors and overnight visitors (e.g., Leo J. Ryan Park and Lagoon, Summer Days mid-August Festival, Community Center, Crowne Plaza weekend DJ music / dancing / special events, Hillbarn Theater, Mariners Point Golf Center).
B. Establish “Business Spotlight Program” to recognize local businesses for their contribution to the City of Foster City, increase their visibility, and strengthen the connection between businesses and the community.
4. Foster a Vibrant and Walkable Downtown Core
Strategy 1: Reimagining Leo J. Ryan Park and Community Center A. Leverage Leo J. Ryan Park, the new Community Center, and surrounding area to cultivate a vibrant, walkable downtown core. Retain a designer or an architectural firm to prepare a programmatic design and vision for a downtown core extending from City Hall / Library / Foster Square to Leo J. Ryan Park and the new Community Center.
Strategy 2: Activation of Shopping Centers
A. Work with Edgewater Place Shopping Center ownership to identify opportunities and activate the shopping center, including outdoor dining, enhanced landscaping, lighting, facade and signage improvements, and better utilization of the lagoon frontage. Extend the efforts to other shopping centers over time.
5. Create a Prosperous Local Economy
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Strategy 1: Promote Local Spending and Business Vitality A. Analyze costs / benefits of a “Shop Local Passport” program that gives residents discounts to participating businesses.
B. Work with property owners and facilitate more activities and programming, including events, dining, and entertainment at shopping centers.
6. Leverage Opportunity Sites
Strategy 1: Enhance Recreational Opportunities
A. Retain an architectural firm or design consultant to evaluate opportunities to expand Mariner’s existing commercial operations, including food offerings and a clubhouse with a deck overlooking the Bay to accommodate larger functions beyond the current 40-person capacity limit
B. Given the need for more sports and recreation facilities in the City, Sea Cloud II has the potential to become a valuable ecological resource and a recreation asset. Initiate an environmental assessment to identify constraints and evaluate opportunities for the addition of recreational / sports activities.
NEXT STEPS
Following City Council’s discussion and direction on any desired revisions to the Draft Report, staff will return with the Final Report for adoption at a future meeting date.
Once adopted, the Final Report will serve as a strategic framework to guide staff’s economic development efforts over the next five (5) years.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Exempt per California Environmental Act (CEQA) Guideline, Section 15061(b)(3)
FISCAL IMPACT
There is no fiscal impact associated with receiving the Draft Final Report as the agreement with Kosmont has already been approved and appropriated by the City Council. However, the implementation of some of the strategies and actions identified through the Economic development Strategic Action Plan will have fiscal impacts.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy
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ATTACHMENTS
Attachment 1 – Draft Report for Real Estate Economic Market Analysis Item 7.1
DRAFT
El Segundo, CA
TEL: 424-297-1070 | URL: www.kosmont.com
CITY OF FOSTER CITY
REAL ESTATE ECONOMIC MARKET ANALYSIS – DRAFT
FINAL PRESENTATION SEPTEMBER 21, 2026
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DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 2
CITY OF FOSTER CITY
REAL ESTATE ECONOMIC MARKET ANALYSIS
Kosmont Companies Staff Foster City City Council Foster City Staff Ken K. Hira, President
Thomas Jirovsky, Senior Advisor
Fernando Sanchez, Vice President
Art Kiesel, Mayor
Suzy Niederhofer, Vice Mayor
Stacy Jimenez, Councilmember
Patrick Sullivan, Councilmember
Phoebe Venkat, Councilmember
Stefan Chatwin, City Manager
Marlene Subhashini,Assistant City Manager
Sofia Mangalam, Deputy City Manager
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TABLE OF CONTENTS
Section Pages
1 Background and Overview 4-12
2 Economic and Market Outlook 13-16
3 Economic Development Action Plan 17-26
4 Land Use Trends and Case Studies 27-37
5 Opportunity Sites 38-68
Appendices
A Population and Household Demographics 71-93
B Real Estate Market Assessment 94-136
C Overview of Community, Stakeholder, and City Council Input 137-155 D. Themes and Considerations 156-184
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1. BACKGROUND AND OVERVIEW
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BACKGROUND
The City of Foster City (“City”) initiated a Real Estate Economic Market Analysis (“Analysis”) to provide the City with a data-driven understanding of current and emerging real estate and economic conditions in response to changing market dynamics, evolving demographic trends, and long-term development pressures that relate to the City. The scope of the Analysis includes five (5) main components:
Citywide Real Estate Economic Market Assessment
Population and Psychographic Analysis
Identify Future Economic Development Needs
City Council Engagement and Review Process
Stakeholder and Community Engagement
On February 2, 2026, the City Council approved an agreement with Kosmont Companies (“Kosmont”) to conduct the independent, professional Analysis. Kosmont commenced work and over the course of the Analysis presented several updates to the City Council, including Updates #1 and #2.
Update #1 Presentation on April 20, 2026, included population and psychographic analysis; an evaluation of the City’s economic base; an assessment of office, industrial/flex (R&D), retail, and hotel market conditions; and an analysis of visitation patterns and retail spending leakage. Following Update #1, Kosmont and City staff conducted extensive stakeholder and community engagement, including community meetings, stakeholder meetings, and community surveys.
Update #2 Presentation on July 20, 2026, provided an overview of the extensive stakeholder and community feedback and presented an overview of 10 opportunity sites and their potential for development, redevelopment, or repurposing based on market conditions and community priorities.
The Final Analysis integrates the results and findings of Updates #1 and #2, provides an overview of the City’s economic and market outlook, and establishes a five-year framework of goals, strategies and implementation actions to support the City’s long-term economic vitality.
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BACKGROUND
Foster City is a "Planned Community", constructed and implemented on the basis of an organized program of development. The City encompasses 12,345 acres, of which 9,726 acres are part of San Francisco Bay and Belmont Slough, and 2,619 acres are reclaimed marshland. This equates to approximately 4 square miles of land area. Foster City's geography is defined by the San Francisco Bay to the east and a 218-acre system of man-made lagoons that wind throughout the City.
Foster City is a unique community with limited points of entry and exit due to its "island" location, surrounded by waterways like lagoons, sloughs, and the San Francisco Bay. Foster City’s commercial and industrial lands are nearly built out, and it does not have a traditional downtown or a historic "main street.”
Meanwhile, consumer preferences and the commercial real estate landscape have continued to evolve, influenced by changing shopping, dining, entertainment, and workplace patterns. These shifts present both challenges and opportunities for the City as it considers how existing commercial areas can adapt to changing market conditions and community needs.
The City, with strong leadership, professional staff, and an engaged community, believes the independent and professional Analysis was an important step in proactively assessing current market trends and cycles, demographic trends, supply and demand dynamics, economic indicators, future needs, and providing a data-driven foundation to inform actionable strategies to guide sustainable growth and economic development.
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DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 7
SCOPE OF THE ANALYSIS
Population and Psychographic Analysis
Real Estate Economic
Market Assessment
Retail &
Shopping
Centers
People
Performance
Buildings/Retail
Who lives here
and how do they
spend?
Is the current
market
meeting their
demand?
Where are the key
opportunities
within shopping
centers?
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DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 8
KEY FINDINGS / OPPORTUNITIES / CHALLENGES
This section outlines several key findings, opportunities, and challenges that reflect Foster City's current demographic, economic and real estate market conditions and trends.
Demographics
City has among the highest average household income (~$250,000) and education levels (~77% college degree) in the County. With over 50% Asian heritage, the majority of restaurants are Asian-themed, offering opportunity for more traditional seafood, steak, other ethnic offerings.
The City is comprised of a family-friendly community with open space and recreational opportunities.
COVID-19 Impact
There was a 60% drop in visitors and 75% drop in commuters to Foster City as a result of the pandemic lockdown. Visitors recovered following the pandemic within about two years, but onsite workers are still 20-30% below the 2019 level as work from home impacts many employers.
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KEY FINDINGS / OPPORTUNITIES / CHALLENGES
Economic Base
➢ The City has a strong commercial real estate market sector supporting 20,000 high-paying jobs. Office and Industrial Market Trends
➢ The office market was hard hit by the pandemic with vacancy increasing to over 15%. ➢ City has strong recent leasing interest/activity especially Industrial/Flex (low vacancy and solid rent growth). Hotel Market
➢ 3-mile Radius (submarket): Hotel market has not recovered from major decline in room rates (ADR) and occupancy during COVID, making new development challenging.
➢ Foster City: City hotels have recovered and exceeded pre-COVID levels performance levels. Consumer Trends
➢ Sales in stores have grown slowly as online purchases are capturing greater share of consumer goods spending. ➢ Online shopping captures over 23% of total U.S. retail sales today – reduces demand for brick and mortar stores in Foster City by 250,000 SF or more.
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DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 10
KEY FINDINGS / OPPORTUNITIES / CHALLENGES
Retail Market Conditions
➢ Retail commercial market space is limited with only 600,000 SF and rents are high (above $40 PSF/yr), creating challenges for small businesses – Costco is the major regional draw generating substantial City retail sales. ➢ City lacks a downtown core and has few upscale retail, entertainment and dining options, but there is little available space, except for Edgewater Place Shopping Center and the 58,000 SF former Orchard Supply Store (OSH). Multifamily Market Conditions
➢ The City has approximately 7,000 multifamily units (apartments and condos). ➢ The City has strong rental market of 4,500 units with average rent of $3,900 per month and only 2.5% vacancy. Opportunities to retain and recapture spending
➢ Bridgepointe Center in San Mateo is a leading shopping destination for Foster City residents, which provides a wide range of retail, entertainment and restaurants in close proximity. ➢ There is significant leakage in spending in clothing, full and limited-service restaurants, bars, home furnishings. Geographic Constraints
➢ City is ostensibly an island, with three main entrances/exits and there are limited mass transit options.
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DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 11
STAKEHOLDER / COMMUNITY OUTREACH OVERVIEW
Kosmont worked with the City to conduct a variety of outreach efforts to solicit feedback from stakeholders and community members, including interviews / group meetings, a business survey, and a community survey.
Stakeholder Interviews Community Survey Community Meetings Key themes from stakeholder interviews
included the following:
• Metro Center was mentioned as a
redevelopment opportunity
• Commercial development in R&D space
• Redevelopment of older multifamily
apartments into higher density mixed-use
• Inconsistent enforcement of signage
• Community opposition to development due
to traffic concerns
• Lack of dining options in the City
• Mixed-use development along lagoon
• Need for better public transportation
• Increase the use of Mariners Point land
• Permitting process delays
Kosmont prepared a survey for Foster City
community to identify shopping patterns and
preferences
• 50% rarely visit sit-down restaurants in the
City
• 40% rarely visit quick-service restaurants
• 75% rarely use local personal services
• 69% want more sit-down restaurants
• 59% prioritize streetscape/walkability
improvements
• 58% want more public events
• 54% want more outdoor dining
• 54% want more entertainment venues
• 41% prioritize plazas, public art and
walkways
Key comments included the following:
• Need for a downtown core
• More dining, shopping, and services
• Concerns were expressed regarding empty
office buildings and long-standing vacancies
(e.g., OSH building, Edgewater Place
Shopping Center)
• Better public transportation
• More community events and gathering space
• Activate the lagoon and waterfront
• Consider enhancements that build on the
golf course’s success
• Respondents expressed curiosity if the City
could support its own high school
Note: Additional stakeholder / survey / community outreach data is available in Appendix C.
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DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 12 The City Council provided the following comments to guide the Real Estate Economic Market Analysis:
▪ Foster City Square repositioning — seen as underperforming; consider pop-ups, kiosks, activation, or rethinking City ownership strategy.
▪ Edgewater Place challenges/opportunities — Waterfront potential, but constrained by ownership, high rents/CAM, access, and past housing opposition.
▪ Infrastructure constraints — 50-year-old water/electric systems may limit redevelopment feasibility. ▪ Revenue-generating opportunities — hotels, higher-value redevelopment, City property investment, improved signage, billboards, sales, property and TOT tax generating uses. ▪ Community needs — more teen activities, quality restaurants, childcare/preschools, and inclusive spaces for seniors and diverse population.
▪ Engagement strategy — use multiple channels, including three local Facebook groups, to gather resident input. ▪ Action-oriented staff report — practical, site-specific, and tailored to City (avoid “cookie-cutter” approaches).
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2. ECONOMIC AND MARKET OUTLOOK
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ECONOMIC AND MARKET OUTLOOK
General Fund Financial Outlook
Over the next 10 years, economic development efforts can help the City strengthen its revenue base by encouraging
appropriate commercial and industrial investment and pursue opportunities that enhance property and sales tax revenue.
These revenues can strengthen the General Fund and help support ongoing City services and operations.
Changing Office Dynamics
The COVID-19 pandemic changed the dynamics of being
required to work from the office and created flexibility to work from home (WFH). WFH residents can benefit the City by not commuting out of the City and consequently spending more money locally. The City does enjoy more workers coming into the City for jobs than leaving the City bolstering daytime population.
Further, recent corporate return-to-office policies might have an impact to improve higher office vacancy. Also, essential workers in the medical service sectors will continue to operate physically in the workplace and medical services are forecasted to account for a large share of job growth.
Strong Industrial Market
Logistics, warehouses, and data centers are driving the vast majority of new industrial development across California and the U.S. Given Foster City’s limited land availability, large scale industries have limited applicability. City could focus on supporting smaller scale light industrial/flex space, which offers small- to medium-sized manufacturing facilities, creative and artisan fabricator economies and ancillary retail sales and services. Implementation can focus on attracting entrepreneurs wanting to start new businesses.
As part of the Analysis, Kosmont identified Economic Development needs for Foster City related to regional land use trends and a forecast of likely conditions over the next decade (2035). The Analysis considers changing market conditions and identifies opportunities for the City to strengthen its fiscal position, support economic activity, and respond to evolving housing and commercial development changes.
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ECONOMIC AND MARKET OUTLOOK
Housing as Economic Development
From 2010 to 2020, the number of households with children at home declined for both married couples and single parents. This is a trend throughout most of California, reflecting declining birth rates and the lowest fertility rates ever in the US. The California Department of Finance (DOF) projects continuing declines in the number of residents aged 18 and under and those aged 18 to 24.
The result is a long-term decline in the average household size.
With fewer families with children, the market will likely shift towards producing a variety of housing types such as multigenerational housing and more attached and multifamily housing, traditional instead of single-family detached houses. There are also implications for the types of businesses—less retail, dining, entertainment, and recreation—that will fill commercial buildings and be successful.
Historically, housing was primarily shelter, but with the advent of online shopping, people had the ability to shop from home.
Further, working from home (discussed in more detail below) converted the home to an office. So, residential represents where we sleep, where we shop and where we work. Therefore, residential as a land use can be considered economic
development.
Potential Strategies for Additional Housing:
Keeping in mind the City’s Housing Element and Regional Housing Needs Allocation (RHNA) obligations, the City could explore the following strategies, if needed, as part of a mid-cycle review of the current Housing Element and/or as part of the next Housing Element cycle.
Explore adoption of an Adaptive Reuse Ordinance to
facilitate the conversion of underutilized commercial buildings into residential housing or mixed/blended-use development.
As an initial step, the City could utilize initial screening and scoring analysis to identify commercial properties for adaptive reuse.
Explore increased residential density on existing multifamily sites along Foster City Lagoon and include ground floor commercial uses as an amenity and only if appropriate based on market demand.
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DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 16
ECONOMIC AND MARKET OUTLOOK
Evolving Retail
There is a 20+ year trend of retail spending transitioning from brick-and-mortar stores to online purchasing. At this time, most chain retailers are highly focused on omni-channel retailing—creating multiple pathways to retail sales, including instore shopping and online sales with store pickup, delivery, and shipping from centralized warehouses, which reduces the need for traditional physical stores. Even though the City is underserved by retail businesses, the proximity of competing shopping centers lessens future demand for commercial
development in the City.
To be competitive in the regional market and in the changing retail environment, the City should facilitate the transformation of existing commercial areas and the development of new ones, with a focus on experience-oriented shopping (where
socializing, entertainment, activities, food and beverage and the overall experience are as important, if not more so, as the purchase of goods). Promoting new local businesses will help expand offerings for shopping, dining, entertainment, and recreation.
Because residential and retail are such compatible land uses, mixing or blending these land uses in projects is prudent.
Horizontal mixed-blended use projects are generally more feasible than vertical ones.
Item 7.1
DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 17
3. ECONOMIC DEVELOPMENT ACTION PLAN
CITY OF FOSTER CITY – REAL ESTATE ECONOMIC MARKET ANALYSIS Item 7.1
DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 18
ACTION PLAN OVERVIEW
The Economic Development Action Plan builds upon the Real Estate Economic Market Assessment, analysis, market and land use trends, stakeholder and community feedback, and other supporting research. Collectively, these findings informed the goals, strategies and implementation actions.
The Actions listed below are grouped under broad Goals based on the community and stakeholder outreach and discussions on a wide range of opportunities and challenges. Each Goal has specific Strategies with listed expected timeframe, performance metrics, and rough cost to City.
1. Promote Long-Term Health of the City
2. Placemaking Through Art, Signage, and Events
3. Advance Branding and Marketing
4. Foster Vibrant and Walkable Downtown Core
5. Create Prosperous Local Economy
6. Leverage Opportunity Sites
Legend for Annual Cost Estimates
$ $10,000 - $50,000
$$ $50,000 - $200,000
$$$ $200,000 or more
Note: Cost estimates, timelines, and performance
metrics are preliminary planning estimates only.
Actual costs, schedules, and scope may vary based
on further analysis and consultant proposals.
Item 7.1
DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 19 Strategy 1: Strengthen the City’s Economic Development Function A. Establish Economic Development support staff as the initial contact for new commercial or housing proposals. City
should have designated staff member(s) (i.e., Ombudsman) who are responsible for guiding project proposals through the City’s review, entitlements, and permitting processes.
B. Conduct regular outreach to property owners, business owners, property managers, and real estate brokers to
identify leasing and development challenges, understand market and business needs, and how the City can help
them take advantage of new opportunities.
C. Initiate review of established City policies and procedures that have a negative impact on business, and if necessary, work with the Community Development Department and
the City Attorney’s Office to modify those policies in
accordance with City Council direction (e.g., Noise
Ordinance).
GOAL 1: PROMOTE LONG-TERM HEALTH OF THE CITY
Strategy 1.A 1.B 1.C
Timeframe Ongoing Ongoing Ongoing
Performance
Metric
Number of
direct contacts
for Ombudsman
services in a year
Number of
outreach
meetings in a
year
N/A
Cost
Using existing
staff, this
program will not
cost much to the
City.
Using existing
staff, this
program will not
cost much to the
City.
Reviewing
current policies
is a no-cost.
$ for City
Attorney’s
review
Item 7.1
DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 20 Strategy 2: Monitor Economic Trends and Performance
A. Continue to monitor local economic, market, and
demographic trends using advanced data analytics to
measure performance and identify opportunities and
challenges. Use a commercial real estate data and analytics platform (e.g., CoStar) subscription to update data included in the Real Estate Market Analysis on a semiannual basis.
B. Leverage tools, such as Placer.ai, to analyze visitation patterns, foot traffic, and resident spending behavior.
GOAL 1: PROMOTE LONG-TERM HEALTH OF THE CITY (CONT’D)
Strategy 2.A 2.B
Timeframe Semi-annually Semi-annually
Performance
Metric N/A N/A
Cost $ for subscriptions of
analytical platforms
$ for subscriptions of
Placer.ai or similar
analytical tool
Item 7.1
DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 21 GOAL 2: PLACEMAKING THROUGH ART, SIGNAGE, AND EVENTS
Strategy 1: Expand Public Art
A. Expand public art throughout Foster City by integrating into new development and key public spaces to enhance
placemaking, community identity, and the overall
experience. Identify priority locations for public art within key public spaces.
B. Evaluate establishing a “Public Art Impact Fee” for
qualifying new development or redevelopment to fund
installation of Public Art.
Strategy 2: Enhance Wayfinding
A. Engage a design consultant to develop a coordinated
wayfinding and signage program to improve navigation
through Foster City’s curvilinear street network, enhance a sense of place, and strengthen connection to key
destinations and businesses.
B. Identify priority locations and implement a pilot phase, particularly around commercial / retail centers, entry
gateways, and recreational amenities.
Strategy 1.A 1.B C. Install signage as funding becomes available.
Timeframe 1 to 3 years 1 to 3 years
Performance
Metric N/A N/A
Cost
Using existing staff, this
program will not cost
much to the City.
$ for engaging a
consultant for the nexus
study
Strategy 2.A 2.B 2.C
Timeframe 1 to 3 years 1 to 3 years 3 to 5 years
Performance
Metric N/A N/A Number of new signs installed
Cost $ for engaging a
consultant
Using existing
staff, this program
will not cost
much to the City.
$ - $$
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DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 22 GOAL 2: PLACEMAKING (CONT’D)
Strategy 3: Expand Events & Programming
A. Expand Parks and Recreation Department’s yearround special events and arts and cultural recreational programming to increase activity and strengthen
community identity.
B. Create a program to allow for cultural or artistic uses to temporarily occupy vacant commercial spaces.
Allow entrepreneurs to create “pop-up” retail
initiatives, test new concepts, or operate incubator
spaces to increase activation in various commercial /
retail centers.
Strategy 3.A 3.B
Timeframe 1 to 3 years 1 to 3 years
Performance
Metric Number of new events Number of new events or pop-ups in centers Cost Depends on the event
type and size
Depends on the event
type and size
Item 7.1
DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 23 Strategy 1: Strengthen Business Visibility and Community Connections
A. Engage a branding / marketing consultant to launch a comprehensive marketing and branding campaign that
strengthens the City’s identity and promotes key
attractions and amenities to draw more spending by day
visitors and overnight visitors (e.g., Leo J. Ryan Park and Lagoon, Summer Days mid-August Festival, Community
Center, Crowne Plaza weekend DJ music / dancing / special events, Hillbarn Theater, Mariners Point Golf Center).
B. Establish “Business Spotlight Program” to recognize local businesses for their contribution to the City of Foster City, increase their visibility, and strengthen the connection between businesses and the community.
GOAL 3: ADVANCE BRANDING AND MARKETING
Strategy 1.A 1.B
Timeframe 1 to 3 years Ongoing
Performance
Metric
Increase in visitation to
major attractions using
Placer.ai data
Number of businesses
highlighted through the
program
Cost $ for engaging a
consultant
Using existing staff, this
program will not cost
much to the City.
Item 7.1
DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 24 Strategy 1: Reimagining Leo J. Ryan Park and Community Center A. Leverage Leo J. Ryan Park, the new Community Center, and surrounding area to cultivate a vibrant, walkable downtown core. Retain a designer or an architectural firm to prepare a programmatic design and vision for a downtown core
extending from City Hall / Library / Foster Square to Leo J.
Ryan Park and the new Community Center.
Strategy 2: Activation of Shopping Centers
A. Work with Edgewater Place Shopping Center ownership to identify opportunities and activate the shopping center, including outdoor dining, enhanced landscaping, lighting, façade and signage improvements, and better utilization of the lagoon frontage. Extend the efforts to other shopping centers over time.
GOAL 4: FOSTER VIBRANT AND WALKABLE DOWNTOWN CORE
Strategy 1.A 2.A
Timeframe 3 to 5 years 1 to 5 years
Performance
Metric Community support
Number of new leases,
increased visitation,
increase in sales tax
revenue
Cost $$ for engaging a design
consultant
Using existing staff, this
program will not cost
much to the City.
Item 7.1
DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 25 Strategy 1: Promote Local Spending and Business Vitality A. Analyze costs / benefits of a “Shop Local Passport”
program that gives residents discounts to participating businesses.
B. Work with property owners and facilitate more activities and programming, including events, dining, and
entertainment at shopping centers.
GOAL 5: CREATE A PROSPEROUS LOCAL ECONOMY
Strategy 1.A 1.B
Timeframe 1 to 3 years 1 to 5 years
Performance
Metric
Increased visitation to
businesses
New activities or
programming at shopping
centers
Cost $ for Shop Local
Passport program
Using existing staff,
facilitating more
programming will not
cost much to the City.
Item 7.1
DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 26 Strategy 1: Enhance Recreational Opportunities
A. Retain an architectural firm or design consultant to evaluate opportunities to expand Mariner’s Point’s existing
commercial operations, including food offerings and a
clubhouse with a deck overlooking the Bay to
accommodate larger functions beyond the current 40-
person capacity limit.
B. Given the need for more sports and recreation facilities in the City, Sea Cloud II has the potential to become a
valuable ecological resource and a recreation asset. Initiate an environmental assessment to identify constraints and evaluate opportunities for the addition of recreational / sports activities.
GOAL 6: LEVERAGE OPPORTUNITY SITES
Strategy 1.A 1.B
Timeframe 3 to 5 years 1 to 3 years
Performance
Metric N/A N/A
Cost $ - $$$ varies by Council
action
$ - $$$ varies by Council
action
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DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 27
4. LAND USE TRENDS AND CASE STUDIES
CITY OF FOSTER CITY – REAL ESTATE ECONOMIC MARKET ANALYSIS Item 7.1
DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 28
LAND USE TRENDS AND CASE STUDIES
CITY OF FOSTER CITY – REAL ESTATE ECONOMIC MARKET ANALYSIS Item 7.1
DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 29
LAND USE TRENDS SUMMARY
Key trends in the post-pandemic economy:
➢ Retail
• Retail store closures, bankruptcies, and e-commerce
have driven changes in retail; Retail centers are being reimagined (e.g., mixed/blended use development)
• Retail driven by trip-generators such as
entertainment, experience, and essentials (e.g., food)
➢ Office
• Office leasing activity dropping as remote work has
become the new normal
• Integrating office in blended use environments;
Possible shift to suburban offices / residential
conversions
• AI and some corporate policies requiring return to
office driving demand / occupancy
➢ Industrial
• E-commerce has accelerated growth of industrial
• Retail and industrial are merging, with space being
used for Buy Online, Pick Up in Store (BOPIS),
fulfillment, last mile and warehousing (including flex) ➢ Residential
• Homes are live, play, and work environments
• Strength in suburban markets; Home office is the
new home amenity as single and multifamily housing
developments are designed to facilitate work
• New residential sites within shopping centers
➢ Hospitality
• Hospitality sector hurt the most by COVID-19
(conventions and business), but leisure travel is
rebounding
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DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 30 Housing is Not a Loss
Leader, it’s a
Growth Driver
Retail is Not Just
Retail Anymore
Telework is
Reconfiguring Office
Industrial /
Distribution is Critical
for the Economy
Housing as Economic
Development
Retail Reimagination as
Economic Development
Office Conversions as
Economic Development
Industrial & Fulfillment as
Economic Development
• New housing can generate
significant new tax revenues and
support local jobs from resident
spending
• Housing is not necessarily a net
negative fiscal impact, especially at
current property values
• U.S. retail overbuilt and needs
“right sizing;” Covid accelerated
trends; today it's about essentials,
experience & e-commerce
• Blended/mixed-use projects
integrate multiple uses (housing,
retail, open space, creative office,
hotel)
• Telework and work from home
options are reshaping the needs for
office space and business districts
• Job redistribution tied to housing
• Vacancies can lead to fiscal impact
pressure
• Modern industrial is not “your
father’s industrial” – it is a blend
• Retail can’t thrive without
distribution; Booming demand for
e-commerce, particularly smaller
last-mile delivery facilities
• Flex space (a blend of industrial,
office, research and development
space) is a growing market. Cities
can attract high-tech / skill firms
with such space
Key Market Trends
Item 7.1
DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 31 31 Stone Brewing Beer Garden Communal Outdoor Spaces
Rodeo39 Curated Retail & Food
Upscale Design Elements
ENGAGING RETAIL
EXAMPLES
Engaging Play Areas Steelcraft Container Curated Food
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DRAFT FOSTER CITY REAL ESTATE ECONOMIC MARKET ANALYSIS | 32
EXAMPLES OF FOOD TRUCK PARK CONCEPTS
Food truck parks are designated spaces where multiple trucks gather to offer a variety of cuisines in a casual, open-air setting with communal seating, live music / entertainment, lawn games, and other amenities (shade, trash, restrooms, power). These can revitalize areas by bringing foot traffic and supporting local entrepreneurs, catalyzing economic and social activity. Often used as an early stage toward more permanent developments. Visit California website promotes many examples of Food Truck parks across the State, including:
Smorgasburg
Los Angeles
One of the largest weekly open-air markets in the country, held every Sunday in the Arts District. Hosts almost 100 small food / retail businesses, draws thousands of visitors.
The Park
Redding
Downtown food truck park open multiple evenings per week. Rotating lineup of trucks, beer garden, live music, lawn games.
Midtown Farmers Market
Sacramento
Year-round Saturdays market in Midtown that spans five blocks and features over 200 vendors, including farm stands and food trucks.
SPARK Social SF
San Francisco
Permanent food truck park, beer garden, event space in Mission Bay area. Open all week, rotating lineup of trucks, amenities include picnic seating, fire pits, games, events.
Off the Grid @ Leo J Ryan Park
Foster City
Wednesday night food truck event held at Leo J Ryan Park featuring food trucks, live music, activities. Community would like to see more on weekends.
Avenue 26 Family Night Market
Pico Rivera
Large family-friendly night market held of Saturdays at Pico Rivera Sports Arena. Hosts over 75 vendors and food trucks, live bands, dancers, carnival games.
Granada Hills Grubfest
Los Angeles
Occurring every Friday, it is one of the longest-running food truck events in the state, with over 30 food trucks featured.
Curbside Bites Downtown Markets
San Diego
Organization hosts weekly markets (often on temporary closed city blocks), with a rotating selection of local food trucks.
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