Meeting
CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY. THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID-19 ON MARCH 4, 2020. THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES. MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY-ORG.ZOOM.US/J/85119038678
PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected]
WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.
Consistent with Government Code Section 54953, this City/District Meeting will be held via teleconference in addition to in person. City Councilmembers/District Board and staff will attend in person or via teleconference.
To maximize public safety while still maintaining transparency and public access, members of the public can observe the meeting from home or attend the meeting in person. Below is information on how the public may observe and participate in the meeting.
To Attend the Meeting in Person:
Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:
Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non-agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.
To Observe the Meeting via Teleconference/Video Conference:
To access the meeting by computer / smartphone, go to:
https://fostercity-org.zoom.us/j/8511903867
To dial-in via phone:
1-669-900-6833 or
1-408-638-0968
And enter Webinar ID: 851 1903 8678
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dial-in attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting:
Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to:
[email protected]
and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting. Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Monday, September 19, 2022
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF DIRECTORS
1. CALL TO ORDER - FOSTER CITY JOINT POWERS AUTHORITY
2. ROLL CALL
Directors Jon Froomin, Sanjay Gehani, Sam Hindi, Patrick Sullivan and Chair Richa Awasthi
3. PUBLIC [Addressing the FCJPA on matters not listed on the agenda] Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda. Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
4. RESOLUTIONS FOR ADOPTION
4.1. A Resolution of the Foster City Joint Powers Authority Board of Directors Updating the Authorized Signatories for Investment Activities with the Local Agency Investment Fund ("LAIF")
a) Staff Report
b) Action - Adopt Resolution
5. ADJOURNMENT
6. CALL TO ORDER - CITY COUNCIL/EMID
7. PLEDGE OF ALLEGIANCE
8. ROLL CALL
Councilmembers/ex officio EMID Directors Jon Froomin, Sanjay Gehani, Sam Hindi, Patrick Sullivan, and Mayor/President Richa Awasthi
9. SPECIAL PRESENTATIONS
9.1. A Proclamation Declaring September 2022 as "National Emergency Preparedness Month"
9.2. A Proclamation Recognizing September 2022 as "Suicide Prevention Month"
9.3. A Proclamation Declaring October 5, 2022 as "Clean Air Day"
10. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda. Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
11. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.
11.1. City/EMID Minutes
11.1.1. City/EMID Regular Meeting of August 15, 2022
11.2. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 2022-105 and EMID Resolution Number to be used tonight is 3676)
11.2.1.A Resolution of the City Council of the City of Foster City Authorizing the Receipt of California Coalition for Clean Air Microgrant Funding in the Amount of $1,000 to Special
Recreation Fund Account No. 003-0000-340-1470 and the
Appropriation of $1,000 to Special Recreation Fund Account No. 003-0537-451-4243
a) Staff Report
b) Adopt Resolution
11.2.2.A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. 1 in an Amount Not to Exceed $150,000 with Good City Company for Professional On-Call Planning Consulting Services
a) Staff Report
b) Adopt Resolution
11.2.3. a) A Resolution of the Board of Directors of the Estero Municipal Improvement District Appropriating $300,000 From Fund 451 to Account No. 451-0970-432-4251 in FY 2021-2022 for
Wastewater Treatment Plant Operation and Maintenance
Charges – Fourth Quarter FY 2021-2022; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Appropriating $500,000 From Fund 451 to Account No. 451-0970-432-4251 in FY 2022-2023 for
Wastewater Treatment Plant Operation and Maintenance
Charges
c) Staff Report
d) Adopt Resolutions
11.2.4. a) A Resolution of the City Council of the City of Foster City Approving the Compensation and Benefits Plan for the City of Foster City Management Employees, Effective September 19, 2022; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Compensation and Benefits Plan for the Estero Municipal Improvement District Management Employees, Effective September 19, 2022
c) Staff Report
d) Adopt Resolutions
11.2.5. a) A Resolution of the City Council of the City of Foster City Approving the Appendix Dated September 2022 of Certain
Designated Employees in the Conflict of Interest Code; and b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Appendix Dated September 2022 of Certain Designated Employees in the Conflict of Interest Code
c) Staff Report
d) Adopt Resolutions
11.2.6. a) A Resolution of the City Council of the City of Foster City Extending the Proclamation of the Existence of a Local
Emergency Caused by the Threat of the Novel Covid-19 Virus, and Proclaiming the Continuing Need for the City Council, Planning Commission and Committees to Meet by
Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation; and b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Proclaiming the Continuing Need for the Estero Municipal Improvement District Board of Directors, Planning Commission, and Committees to Meet by
Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation
c) Staff Report
d) Adopt Resolutions
11.3. City/EMID Other
11.3.1.By Minute Order, Confirm the Master Insurance and Indemnity Requirements Schedule Pursuant to Section 1.04.120 of the Foster City Municipal Code
a) Staff Report
11.3.2.By Minute Order, Receive and Accept Foster City Foundation Fund Annual Report of Financial Activities for Fiscal Year 2021- 2022
a) Staff Report
12. NEW BUSINESS
12.1. Consideration of Appointment of One Member of the City Council and One Alternate to the Recreation Center Replacement Project Consultant Evaluation Task Force
a) Staff Report
b) Action - By Minute Order, Appoint a Councilmember and Alternate to Task Force
13. REPORTS
13.1. Levee Improvements Project (CIP 327-657) - Monthly General Update a) Staff Report
b) Action - By Minute Order, Receive and Accept the Report
13.2. Consideration of Canada Geese Population Mitigation Plan a) Staff Report
b) Action - By Minute Order, Provide Policy Direction
14. RESOLUTIONS FOR ADOPTION
14.1. Consideration of General Fund Augmentation of $6,939 in Financial Services Department for Employee Services Expenditures for the Salary Increase of the Assistant Finance Director Job Classification a) Staff Report
b) Action - A Resolution of the City Council of the City of Foster City Approving a Fiscal Year 2022-2023 General Fund Augmentation of $6,939 in Financial Services Department for Employee Services Expenditures for the Salary Increase of the Assistant Finance Director Job Classification; and
c) Action - A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving a Fiscal Year 2022-2023 General Fund Augmentation of $6,939 in Financial Services Department for Employee Services Expenditures for the Salary Increase of the Assistant Finance Director Job Classification
14.2. Consideration of the Amended Pay Plan for Fiscal Year 2022-2023 a) Staff Report
b) Action - A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan, Effective September 19, 2022
c) Action - A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Pay Plan Effective September 19, 2022
15. OLD BUSINESS
15.1. Continued City Council Public Hearing Item From August 15, 2022 Regarding Consideration of Appeal of Planning Commission’s Denial of Recommendation to City Council to Amend the Foster City Zoning Map to Modify the Previously Approved General Development Plan (GDP) and Denial of Specific Development Plan/use Permit; and Consideration of Planning Commission Recommendation to City Council to Certify the Final Environmental Impact Report (EIR) Including Adoption of Findings Under the California Environmental Quality Act (CEQA) and Standard Conditions of Approval and Mitigation Monitoring and Reporting Program (SCAMMRP) Related to the Proposed Approximately 124,395 Squarefoot, Four-story Research and Development Life Sciences Office Use Located at 388 Vintage Park Drive – APN 094-901-270 – W-SW 388 Owner IX, L.P. Steelwave CDS, LLC (Owner and Appellants) – EA2021- 0001, RZ2021-0003 and UP2021-0023
a) Staff Report
b) Action - A Resolution of the City Council of the City of Foster City Certifying the Final Environmental Impact Report (EIR) and Adopting the Findings and Standard Conditions of Approval and Mitigation Monitoring and Reporting Program (SCAMMRP) Under the California Environmental Quality Act (CEQA) for Construction of a Four-Story, Approximately 124,395 Square-foot Research and Development (R&D) Office Building Located at 388 Vintage Park Drive – Neighborhood VP– W-SW 388 Owner IX L.P. C/o Steelwave CDS, LLC – APN 094-901-270 – EA2021- 0001
c) Action - An Ordinance of the City of Foster City of an Amendment to the Foster City Zoning Map to Modify the Previously Approved General Development Plan for the 57-acre Portion of the + 132-acres Land Known as Vintage Park to Replace the Approximately 11,000 Squarefoot Restaurant Use With an Approximately 124,395 Square Feet of Research and Development (R&D) Office Use, Associate Parking and Site Improvements Located at 388 Vintage Park Drive – W-SW 388 Owner IX L.P. C/O Steelwave Cds, Llc – Apn 094-901-270 – Neighborhood Vintage Park (VP) – RZ2021-0003
i) Introduce Ordinance by title, by motion waive further reading ii) By motion pass ordinance to second reading
d) Action - A Resolution of the City Council of the City of Foster City Granting an Appeal and Overturning a Decision of the Planning Commission Denying an Approval of the Specific Development Plan/use Permit Request for the Proposed Approximately 124,395 Square-foot Four-story 81’-0” Tall Research and Development (R&d) Office Building With 210 Parking Spaces – Located at 388 Vintage Park Drive – Neighborhood Vp – W-SW 388 Owner Ix L.P. C/O Steelwave Cds, LLC (Owner and Appellant) – APN 094-901-270 – UP2021-0023
16. COMMUNICATIONS
16.1. City/District Warrants of Demands were Processed and Issued on August 15, 2022, August 31, 2022, and September 1, 2022, and ACH were processed on September 1, 2022.
a) Information Item Only
b) No Action Required
17. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
18. CLOSED SESSION
18.1. Conference with City Labor Negotiators (Pursuant to Government Code Section 54957.6(a)) Agency Negotiators: Stefan Chatwin, Maria Saguisag-Sid Employee Organizations: American Federation of State, County and Municipal Employees (AFSCME), Foster City Police Officers Association and Management Employees
18.2. Conference With Legal Counsel — Existing Litigation (Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Foster City Marina, LLC v. City of Foster City et al. San Mateo Superior Court Case No. 22-CIV-03526)
18.3. Report Out from Closed Session
19. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 286-3250 at least 48 hours in advance of the meeting.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
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