CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF APRIL 4, 2022
MINUTES
CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of April 4, 2022 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:31 p.m. by Mayor/President Richa Awasthi.
Pursuant to Governor Newsom’s Executive Order N-29-20, as amended through Order N-08-21, the meeting was held as a hybrid meeting.
ROLL CALL
The Communications Director/City Clerk/District Secretary called the roll:
PRESENT: Councilmembers/ex officio Directors Jon Froomin, Sanjay Gehani, Sam Hindi, Patrick Sullivan, and Mayor/President Richa Awasthi.
ABSENT: None.
STAFF PRESENT: Kevin Miller, Interim City/District Manager, Denise Bazzano, Assistant City Attorney/District Legal Counsel; Jennifer Phan, Interim Deputy City Manager; Edmund Suen, Finance Director; Marlene Subhashini, Community Development Director; Maria Saguisag-Sid, Human Resources Director; Tracy Avelar, Police Chief; Kent Thrasher, Fire Chief; Robert Marshall, Fire Marshal; Cory Call, Police Captain; Mark Lee, Police Lieutenant; William Sandri, Police Lieutenant; Louis Sun, Public Works Director; Rob Lasky, IT Manager; Yelena Cappello, Deputy City Clerk; Julie Paping, Interim Principal Management Analyst; Francine Magno, Senior Engineer; Kevin Ortiz, Management Coordinator; Shuli Chen, Video Technician and Priscilla Schaus, Communications Director/City Clerk/District Secretary.
SPECIAL PRESENTATIONS
PROCLAMATION IN RECOGNITION OF INTERIM CITY MANAGER KEVIN M. MILLER.
Mayor Awasthi presented the proclamation in recognition of Interim City Manager Kevin M. Miller to Kevin Miller.
PROCLAMATION DECLARING THE WEEK OF APRIL 10-16, 2022 AS "NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK"
Vice Mayor Froomin presented the proclamation declaring the Week of April 10-16, 2022 as "National Public Safety Telecommunicators Week" to Dispatcher Adrienne Salas.
PROCLAMATION DECLARING THE WEEK OF APRIL 17-23, 2022 AS "VOLUNTEER APPRECIATION WEEK".
Councilmember Hindi presented the proclamation declaring the Week of April 17-23, 2022 as "Volunteer Appreciation Week" to Emergency Service Volunteer Charlie Bogert.
PRESENTATION BY FIRE CHIEF KENT THRASHER ON SAN MATEO
CONSOLIDATED FIRE DEPARTMENT (SMC FIRE).
Fire Chief Ken Thrasher gave a presentation on the San Mateo Consolidated Fire Department (SMC Fire).
PUBLIC
Doris Duncan addressed the City Council via email.
ITEM REMOVED FROM THE CONSENT CALENDAR/AGENDA
LETTER IN SUPPORT OF ASSEMBLY BILL 1814 (GRAYSON) - TRANSPORTATION ELECTRIFICATION: COMMUNITY CHOICE AGGREGATORS.
Communications Director/City Clerk Schaus announced that “By Minute Order, Approve a Letter in Support of Assembly Bill 1814 (Grayson) - Transportation Electrification:
Community Choice Aggregators” has been removed from the agenda and tabled until further notice because AB 1814 has been pulled from consideration for this year.
CONSENT CALENDAR
Motion by Councilmember/Director Sullivan, seconded by Councilmember/Director Gehani, and carried unanimously by roll call vote, 5-0-0, approving the following items on the City/District Consent Calendar:
City/EMID Consent Calendar
1. Minutes of Special Meeting of March 15, 2022;
2. Minutes of Regular Meeting of March 21, 2022;
3. City Resolution No. 2022-30, “A Resolution of the City Council of the City of Foster City Authorizing the Award of Construction Contract to First Serve Productions Inc. for the Construction of (CIP 301–701) Sport Court Resurfacing Project and to Appropriate Additional Funding in the Amount of $15,000, From General Fund CIP 301 to Fully Fund Construction;”
4. City Resolution No. 2022-31, “A Resolution of the City Council of the City of Foster City Approving the Grant of Easement by and Between the City of Foster City and Gilead Sciences, Inc for Public Pedestrian Access, Sidewalk, and Stormwater Treatment Purposes Located at 1165, 1167, 1169, 1175. 1181, 1185, 1191, 1159, 1161, and 1163 Chess Drive (APNS 094-010-500 and 094-010-510);”
5. City Resolution No. 2022-32, “A Resolution of the City Council of the City of Foster City in Support of the Wyland Foundation's 2022 Mayor’s Challenge for Water Conservation;”
6. EMID Resolution No. 3638, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving an Amendment to the Amended and Restated Water Supply Agreement Between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County;”
7. EMID Resolution No. 3639, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving a Minimum Purchase Transfer from the City of Mountain View to the City of East Palo Alto;” and
8. EMID Resolution No. 3640, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing (1) Contract Change Order No. Four in the Amount of $105,000 to the Agreement With EPS, Inc. dba Express Plumbing for the Construction of CIP 405–636; and (2) the Purchase of Emergency Bypass Piping for a Not to Exceed Amount of $125,000.”
REPORTS
REPORT ON MINIMUM WAGE NEXT STEPS. MINUTE ORDER NO.1850.
Councilmember Gehani recused himself due to a conflict of interest because he owns a business within Foster City.
Councilmember Gehani left the room from 7:07 p.m. to 7:46 p.m.
Interim Deputy City Manager Phan presented the staff report.
Discussion ensued.
Motion by Councilmember Hindi, seconded by Councilmember Sullivan, and carried by roll call vote, 3-0-1, Vice Mayor Froomin abstained, adopting Minute Order No. 1850, directing staff to:
1. Prepare an ordinance to add a new chapter to the Foster City Municipal Code providing minimum wage of $15.75/hour, starting as soon as feasible to carry through end of 2022; and
2. And to increase minimum wage to $16.50/hour starting January 1, 2023, with increases on January 1 thereafter based on the Regional Consumer Price Index capped at 3%.
REPORT ON BUSINESS LICENSE TAX ORDINANCE REVISION AND POTENTIAL NOVEMBER 8, 2022 ELECTION BALLOT MEASURE. MINUTE ORDER NO. 1851.
Finance Director Suen presented the staff report.
Discussion ensued.
Motion by Councilmember Gehani, seconded by Councilmember Hindi, and carried unanimously by roll call vote, 5-0-0, adopting Minute Order No. 1851, directing staff to:
1. Receive and accept the report on a potential revenue enhancement measure to increase the City’s Business License Tax (BLT) gross receipts cap; and
2. Proceed with increasing the Business License Tax gross receipts cap for a potential ballot measure for the November 8, 2022 election.
RESOLUTIONS FOR ADOPTION
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF FOSTER CITY AND
COUNTY OF SAN MATEO FOR DISPOSABLE FOOD SERVICE WARE ORDINANCE (CHAPTER 4.107 OF THE SAN MATEO COUNTY ORDINANCE CODE) EDUCATION AND ENFORCEMENT ACTIVITIES. CITY RESOLUTION NO. 2022-33.
Interim Principal Management Analyst Paping presented the staff report.
Discussion ensued.
Motion by Councilmember Hindi, seconded by Councilmember Gehani, and carried unanimously by roll call vote, 5-0-0, adopting City Resolution No. 2022-33, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a Memorandum of Understanding Between City of Foster City and County of San Mateo for Disposable Food Service Ware Ordinance (Chapter 4.107 of the San Mateo County Ordinance Code) Education and Enforcement Activities.”
CONTRACT AMENDMENT NO. THREE (3) IN THE AMOUNT OF $400,000 WITH
SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS FOR PHASE III SERVICES
FOR THE LEVEE PROTECTION PLANNING AND IMPROVEMENTS PROJECT (CIP 327-657). CITY RESOLUTION NO. 2022-34.
Public Works Director Sun presented the staff report.
Discussion ensued.
Motion by Councilmember Sullivan, seconded by Councilmember Froomin, and carried unanimously by roll call vote, 5-0-0, adopting City Resolution No. 2022-34, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. Three (3) in the Amount of $400,000 With Schaaf & Wheeler Consulting Civil Engineers for Phase III Services for the Levee Protection Planning and Improvements Project (CIP 327-657).”
CONSTRUCTION LOAN AGREEMENT WITH THE SAN MATEO-FOSTER CITY
PUBLIC FINANCING AUTHORITY, THE CITY OF SAN MATEO AND THE CALIFORNIA
STATE WATER RESOURCES CONTROL BOARD AND A FINANCING AGREEMENT
WITH THE SAN MATEO-FOSTER CITY PUBLIC FINANCING AUTHORITY IN
CONNECTION WITH THE FINANCING OF THE CLEAN WATER PROGRAM,
ESTABLISHING ONE OR MORE PLEDGED SOURCES OF REVENUE FOR REPAYMENT OF FUNDING. EMID RESOLUTION NO. 3641.
Finance Director Suen presented the staff report.
Discussion ensued.
Motion by Director Hindi, seconded by Director Gehani, and carried unanimously by roll call vote, 5-0-0, adopting EMID Resolution No. 3641, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing a Construction Loan Agreement with the San Mateo-Foster City Public Financing Authority, the City of San Mateo and the California State Water Resources Control Board and a Financing Agreement With the San Mateo-Foster City Public Financing Authority in Connection with the Financing of the Clean Water Program, Establishing One or More Pledged Sources of Revenue for Repayment of Funding, and Taking Certain Other Actions Relating Thereto.”
AMENDED PAY PLANS FOR THE CITY OF FOSTER CITY. CITY RESOLUTION NO. 2022-35. EMID RESOLUTION NO. 3642.
Human Resources Director Saguisag-Sid presented the staff report.
Motion by Councilmember/Director Gehani, seconded by Councilmember/Director Froomin, and carried unanimously by roll call vote, 5-0-0, adopting City Resolution No. 2022-35, “A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan Effective April 16, 2022” and EMID Resolution No. 3642, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Pay Plan Effective April 16, 2022.”
APPOINTMENT OF INTERIM CITY/DISTRICT MANAGER. CITY RESOLUTION NO. 2022-36. EMID RESOLUTION NO. 3643.
Assistant City Attorney Bazzano presented the staff report.
Discussion ensued.
Motion by Councilmember/Director Sullivan, seconded by Councilmember/Director Gehani, and carried unanimously by roll call vote, 5-0-0, adopting City Resolution No. 2022-36, “A Resolution of the City Council of the City of Foster City Appointing Edmund Suen as Interim City Manager and Approving Employment Agreement for Interim City/District Manager Services Between the City of Foster City and Edmund Suen” and EMID Resolution No. 3643, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Appointing Edmund Suen as Interim District Manager and Approving Employment Agreement for Interim City/District Manager Services Between the City of Foster City and Edmund Suen.”
COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.
City/District Warrants of Demands were Processed and Issued on March 15, 2022, and ACH were Processed on March 18, 2022.
COUNCIL/BOARD STATEMENTS AND REQUESTS, COUNCIL LIAISON REPORTS,
AND CITY/DISTRICT MANAGER REPORTS
Interim City/District Manager Miller expressed his appreciation for the reception and the proclamation. He stated he valued the opportunity he was given to come back as the Interim City Manager and enjoyed reconnecting with the City Council and employees. He complimented City Attorney Stock and Assistant City Attorney Bazzano. He also thanked the City Council for the opportunity to serve the community he loves.
Councilmember/Director Sullivan thanked Interim City Manager Miller for coming back and stated he looks forward to Finance Director Suen’s leadership as Interim City Manager.
Councilmember/Director Gehani spoke about the importance of individuals leading an organization and what they demonstrate through their actions, and thanked the entire organization for stepping up, especially during a pandemic.
Councilmember/Director Hindi thanked Interim City Manager Miller for his dedication to the community and his excellent leadership and also thanked his wife for allowing him to come back to help. He thanked Finance Director Suen for stepping up as Interim City Manager and stated he looks forward to working with him. He stated he attended the Housing Endowment and Regional Trust (HEART) meeting on March 23. In recognition of first day of Ramadan on April 2, he wished everyone a “Ramadan Kareem” and “Ramadan Mubarak”.
Vice Mayor/Vice President Froomin thanked Interim City Manager Miller and Finance Director Suen for stepping him. He requested to agendize campaign finance funding and also consideration of two-year budgeting.
Mayor/President Awasthi thanked Interim City Manager Miller for the learning opportunity she received while working with him. She stated that the City is in a much better position now and is confident that Finance Director Suen as Interim City Manager will continue to provide stability, and also maintain and enhance the culture of excellence in governance.
ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Awasthi adjourned the meeting. Meeting adjourned at 9:06 p.m.
From: Doris Duncan
To: Foster City Public Comment
Cc: [email protected]; Yelena Cappello; Priscilla Schaus; Laurie Rith; Rob Lasky; Aaron Siu; Austin Walsh
Subject: Public Comment
Date: Monday, April 4, 2022 12:05:18 PM
April 4, 2022
Respected Madam Mayor, City Council, and Staff,
As a Member and Chair of the Parks and Recreation Committee I am sorry not to be available for the reception recognizing Interim City Manager Kevin Miller for his service to Foster City to provide stability and help us get through some challenging times. I am one of many who appreciates Mr. Miller’s leadership skills both as the Interim City Manager for the past six or so months and in previous years as the City Manager and Director of the Parks and Recreation Department. I also have faith in the leadership abilities of Edmund Suen in his new role as Interim City Manager. Thank you and congratulations to both Mr. Miller and Mr. Suen.
I will take this opportunity to invite Foster City residents and our entire community to participate in clean-up of our beautiful parks on April 23 rd in recognition of Earth Day. You
may sign up through the Foster City website or visit this direct link:
City of Foster City: Earth Day Clean-Up (signupgenius.com)
Thank you,
Doris Duncan
Resident of Foster City since the 1970s