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, October 03, 2022
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF DIRECTORS
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Councilmembers/ex officio EMID Directors Jon Froomin, Sanjay Gehani, Sam Hindi, Patrick Sullivan, and Mayor/President Richa Awasthi
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Declaring the Week of October 9-15, 2022 as "Fire Prevention Week"
4.2. A Proclamation Recognizing October 2022 as Hindu Heritage Month
5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda. Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.
6.1. City/EMID Minutes
6.1.1. Foster City Joint Powers Authority/City/EMID Regular Meeting of September 19, 2022
6.2. City/EMID Ordinances for Adoption (First City Ordinance Number to be used tonight is 652)
6.2.1. 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 Square-foot 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 (First Reading September 19, 2022)
a) Adopt Ordinance
6.3. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 2022-115 and EMID Resolution Number to be used tonight is 3683)
6.3.1. A Resolution of the City Council of the City of Foster City Amending the Policy Statement of the Parks and Recreation Committee to Extend the Expanded the Membership From Five Members to Seven Members Through 2028
a) Staff Report
b) Adopt Resolution
6.3.2. A Resolution of the City Council of the City of Foster City Increasing the Appropriation in the Foster City Foundation Fund (116) Account Number 116-0510-451-4265 From $22,122 to
$100,000 in Fiscal Year 2022-2023
a) Staff Report
b) Adopt Resolution
6.3.3. A Resolution of the City Council of the City of Foster City Authorizing an Agreement With Integrated Design 360 LLC in the Amount of $127,774 for Consultant Services for Developing and Adopting a Local Energy Reach Code Including Performing an Electrical Capacity Study of the City of Foster City, Cost Effectiveness Study, Energy Savings Study and Community Engagement; and an Appropriation in the Amount of $127,774 to Account No. 001-0820-424-4251
a) Staff Report
b) Adopt Resolution
6.3.4. a) A Resolution of the City Council of the City of Foster City Converting Two (2) Assistant Engineer/Associate Civil Engineer Positions to Two (2) Flexibly Staffed Positions That Include Senior Civil Engineer; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Converting Two (2) Assistant
Engineer/Associate Civil Engineer Positions to Two (2) Flexibly Staffed Positions That Include Senior Civil Engineer
c) Staff Report
d) Adopt Resolutions
6.3.5. a) A Resolution of the City Council of the City of Foster City Reclassifying One (1) Part Time Office Assistant II Position to a Full-time Administrative Assistant I Position, Eliminating One (1) Part Time Office Assistant II Position, Reclassifying One Management Coordinator Position to a Management Analyst and Appropriating $81,587.00 in the Public Works Department Employee Services Accounts in Fiscal Year 2022-2023; and b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Reclassifying One (1) Part Time Office Assistant II Position to a Full-time Administrative Assistant I Position, Eliminating One (1) Part Time Office Assistant II Position, Reclassifying One Management Coordinator Position to a Management Analyst and Appropriating $81,587.00 in the Public Works Department Employee Services Accounts in Fiscal Year 2022-2023
c) Staff Report
d) Adopt Resolutions
6.4. City/EMID Other
6.4.1. By Minute Order, Approve a Letter to the Honorable Amarra A.
Lee Judge of the Superior Court in Response to the San Mateo County Civil Grand Jury Report, Dated August 9, 2022, Entitled "Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know"
a) Staff Report
6.4.2. By Minute Order, Approve a Letter to the Honorable Amarra A.
Lee Judge of the Superior Court in Response to the San Mateo County Civil Grand Jury Report, Dated August 5, 2022,
Entitled “The Other Water Worry: Is Your Water Provider Prepared for the Big One?”
a) Staff Report
6.4.3. By Minute Order, Approve a Letter in Support of the San Mateo County Transportation Authority’s 2022 Applications for Senate Bill 1 (SB 1) Funding
a) Staff Report
7. REPORTS
7.1. Consideration of Solid Waste Collection Rates for Year 2023 a) Staff Report
b) By Minute Order, Provide Policy Direction
8. ORDINANCES FOR INTRODUCTION
8.1. An Ordinance of the City of Foster City Amending Section 1.01.010, “Adoption-Secondary Codes Adopted,” of Chapter 1.01, “Code Adoption,” Within Title 1 of the Foster City Municipal Code Adopting by Reference the 2022 California Building Code, 2022 Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Fire Code and the 2022 California Existing Building Code Within Title 24 of the California Code of Regulations
a) Staff Report
b) Action
i) Introduce Ordinance by title, by motion waive further reading ii) By motion pass ordinance to second reading
8.2. An Ordinance of the City of Foster City Repealing and Replacing Chapters 15.02, “Building Code”; 15.04, “Residential Code”; 15.06, “existing Building Code”; 15.08, “Mechanical Code”; 15.16, “Plumbing Code”; 15.20, “Electrical Code”; and 15.24, “Fire Code”; of Title 15, “Building and Construction,” of the Foster City Municipal Code and Adopting by Reference the 2022 California Building Code, 2022 Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Fire Code and the 2022 California Existing Building Code With Appendices Within Title 24 of the California Code of Regulations and Making Certain Amendments Thereto; and Adopting the Fire Departmental Policy Manual
a) Staff Report
b) Action
i) Introduce Ordinance by title, by motion waive further reading ii) By motion pass ordinance to second reading
8.3. An Ordinance of the City of Foster City Amending Title 8, Health and Safety, of the Foster City Municipal Code to Add a New Chapter 8.11, Regulation of the Sale of Flavored Tobacco Products and Electronic Cigarettes
a) Staff Report
b) Action
i) Introduce Ordinance by title, by motion waive further reading ii) By motion pass ordinance to second reading
9. RESOLUTIONS FOR ADOPTION
9.1. A Resolution of the City Council of the City of Foster City Approving the Appointment of Fifteen Members to the Youth Advisory Committee for the 2022-2023 School Year
a) Staff Report
b) Action - Adopt Resolution
10. COMMUNICATIONS
10.1. City/District Warrants of Demands were Processed and Issued on September 15, 2022, and ACH were processed on August 29, 2022. a) Information Item Only
b) No Action Required
11. 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.
12. CLOSED SESSION
12.1. Conference with Legal Counsel - Anticipated Litigation:
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (Two Potential Cases)
12.2. Report Out from Closed Session
13. 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.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
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every 1st and 3rd Monday of the month
REPLAY
next day at 1:00 pm (that week only)
REPLAY
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every 1st and 3rd Monday of the month
City Council meetings on-demand:
https://www.fostercity.org/agendasandminutes