CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF OCTOBER 3, 2022
MINUTES
CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of October 3, 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 6:30 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 Acting City Clerk/Recording 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: Stefan Chatwin , City/District Manager; Benjamin Stock , City Attorney/District Legal Counsel ; Jennifer Phan, Deputy City Manager; Edmund Suen, Finance Director , Marlene Subhashini, Community Development Director ; Tracy Avelar, Police Chief ; Robert Marshall , Deputy Fire Chief; Louis Sun, Public Works Director; Derek Schweigart, Parks and Recreation Director; Rob Lasky, IT Manager; Marty Cooper, Chief Building Inspector ; Julie Paping, Principal Management Analyst ; Shuli Chen, Video Technician and Yelena Cappello, Acting City Clerk/ Recording Secretary.
SPECIAL PRESENTATIONS
PROCLAMATION DECLARING THE WEEK OF OCTOBER 9 -15, 2022 AS "FIRE PREVENTION WEEK"
Councilmember Hindi presented the proclamation Declaring the Week of October 9- 15, 2022 as "Fire Prevention Week" to Melinda Martin, San Mateo Consolidated Fire Department Deputy Fire Marshall.
PROCLAMATION RECOGNIZING OCTOBER 2022 AS HINDU HERITAGE MONTH Without objection from the City Council, Mayor Awasthi tabled “A Proclamation Recognizing October 2022 as Hindu Heritage Month” to the October 17, 2022 City Council meeting.
PUBLIC
Alex Jiang addressed the City Council via teleconference regarding the regulation of the sale of flavored tobacco products.
Without objection from the City Council, Mayor Awasthi took “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” out of agenda order.
RESOLUTIONS FOR ADOPTION
APPOINTMENT OF FIFTEEN MEMBERS TO THE YOUTH ADVISORY COMMITTEE FOR THE 2022-2023 SCHOOL YEAR. CITY RESOLUTION NO. 2022-116.
Recreation Coordinator Landwehr presented the staff report.
Students introduced themselves to the City Council.
Discussion ensued.
Motion by Vice Mayor Froomin, seconded by Councilmember Gehani, and carried unanimously by roll call vote, 5-0-0, adopting City Resolution No. 2022-116, “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.”
Without objection from the City Council, Mayor Awasthi took “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” out of agenda order at the request of Councilmember Gehani.
ORDINANCES FOR INTRODUCTION
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.
Councilmember Hindi recused himself due to a conflict of interest because his business sells tobacco products.
Councilmember Hindi left the room from 6:57 p.m. to 7:50 p.m.
City Attorney Stock presented the staff report.
The following people addressed the City Council in person:
1. Jerry Hill;
2. Dr. Bonnie Halpern-Felster; and
3. Tricia Barr
The following people addressed the City Council via teleconference:
1. Jenn Grann Lejano; and
2. Anthony Lu
The following people addressed the City Council via email:
1. T Shueh; and
2. Danny Gan
Discussion ensued.
Motion by Vice Mayor Froomin, seconded by Mayor Awasthi, and carried by roll call vote, 4-0-0, to direct staff to bring back the ordinance at the next City Council meeting with the inclusion of a ban on electronic cigarettes.
Motion by Vice Mayor Froomin, seconded by Councilmember Gehani, and carried by roll call vote, 4-0-0, to direct staff to bring back a tobacco resale license ordinance, including enforcement of Foster City Municipal Code Chapter 8.11, within approximately one month.
CONSENT CALENDAR
Motion by Councilmember/Director Gehani, seconded by Vice Mayor/Vice President Froomin, 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. Foster City Joint Powers Authority/City/EMID Regular Meeting of September 19, 202;
2. Ordinance No. 652, “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) – RZ2021-00030;”
3. City Resolution No. 2022- 117, “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;”
4. City Resolutio n No. 2022- 118, “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”
5. City Resolution No. 2022- 119, “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;”
6. City Resolution No. 2022- 120, “A Resolution of t he 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;”
7. EMID Resolution No. 3684, “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 Managem ent Analyst and Appropriating $81,587.00 in the Public Works Department Employee Services Accounts in Fiscal Year 2022-2023;”
8. Minute Order No. 1881, “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.”
ITEMS REMOVED FROM CONSENT CALENDAR
Without objection from the City Council Mayor Awasthi removed this item from the Consent Calendar at the request of Councilmember Sullivan.
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 ” MINUTE ORDER NO. 1979
Acting Communications Director/City Clerk presented the staff report.
Motion by Councilmember Sullivan seconded by Vice Mayor Froomin, and carried unanimously by roll call vote, 5- 0-0, adopting Minute Order No. 1879, approving 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.”
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?” MINUTE ORDER NO. 1980.
Public Works Director Sun presented the staff report.
Motion by Councilmember Sullivan, seconded by Vice Mayor Froomin, and carried unanimously by roll call vote, 5 -0-0, adopting Minute Order No. 1879, approving 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?.”
REPORTS
SOLID WASTE COLLECTION RATES FOR YEAR 2023. MINUTE ORDER NO. 1882.
Principal Management Analyst Lorenz presented the staff report.
Discussion ensued.
Motion by Councilmember Gehani, seconded by Vice Mayor Froomin, and carried unanimously by roll call vote, 5-0-0, adopting Minute Order No. 18 82, providing policy direction to proceed with the mailing of a Proposition 218 Notice for a public hearing to be held on November 21, 2022 to increase the 2022 collection rates by no more than
5.0% for 2023, and increasing the 2022 “Rates for Additional Services” (optional services requested by customers above the base service level) by no more than 4.184% for 2023.
ORDINANCES FOR INTRODUCTION
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
Chief Building Inspector Cooper presented the staff report.
Discussion ensued.
Motion by Vice Mayor Froomin, seconded by Councilmember Gehani, and carried unanimously, 5-0-0, to introduce the ordinance by title and waive further reading of “An Ordinance of the City of Foster City Amending Section 1.01.010, “Adopti on-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”.
Motion by Councilmember Gehani, seconded by Vice Mayor Froomin, and carried unanimously by rol l call vote, 5 -0-0, to pass “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” to second reading.
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 CALIF ORNIA 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
Chief Building Inspector Cooper presented the staff report.
Discussion ensued.
Motion by Councilmember Hindi, seconded by Councilmember Gehani, and carried unanimously, 5-0-0, to introduce the ordinance by title and waive further reading of “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”.
Motion by Councilmember Gehani, seconded by Vice Mayor Froom in, and carried unanimously by roll call vote, 5- 0-0, to pass “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, “Pl umbing 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 Adop ting the Fire Departmental Policy Manuals” to second reading.
COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.
City/District Warrants of Demands were Processed and Issued on September 15, 2022, and ACH were processed on August 29, 2022.
COUNCIL/BOARD STATEMENTS AND REQUESTS, COUNCIL LIAISON REPORTS,
AND CITY/DISTRICT MANAGER REPORTS
City Manager Chatwin reminded the community that October is Down Syndrome Awareness Month and encouraged residents to learn more at www.dscba.org
Councilmember/Director Sullivan stated he attended the Congestion Management & Environmental Quality Committee (CMEQ) meeting on September 26. On September 29, he attended the City/County Association of Governments Bicycle and Pedestrian Committee meeting and they discussed regulations on electronic bikes.
Councilmember/Director Gehani thanked staff and his City Council colleagues for their preparation. He highlighted Hindu Heritage Month and his appreciation of various cultures and the Foster City community.
Councilmember/Director Hindi stated that he attended the Peninsula Clean Energy (PCE) board annual retreat on September 22. He reminded the community that PCE has provided cost savings by providing lower rates, and reduced greenhouse gas reduction.
On September 23, he attended the Council of Cities dinner hosted by Foster City.
Vice Mayor/Vice President Froomin thanked City Council colleagues for an engaging conversation. He asked if it is possible to have standards of maintenance for the bike lanes on Bayshore Highway. He stated he has concerns about the number of subcommittee meetings that have been cancelled and would like to discuss this at the next City Council Vision and Policy Summit. He requested to agendize the exchange of approximately a 15 foot red zone on Leo Drive to a 19 foot red zone at the east end of the sewer inlet going west toward 611 Leo Drive. Councilmember Gehani supported the request.
Mayor/President Awasthi wished Jewish members of the community a Happy New Year.
She attended the Durga Puja festival organized by BayBasi and said it was a great event.
She stated that she is very proud of the diversity in Foster City.
Mayor/President Awasthi recessed the meeting into Closed Session for:
1. Conference with Legal Counsel - Anticipated Litigation:
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (Two Potential Cases); and
2. Report Out from Closed Session.
Meeting recessed into Closed Session at 8:30 p.m. and reconvened at 8:35 p.m.
City Attorney Stock reported that the City Council met regarding two potential cases involving litigation against the California Department of Housing and Community Development regarding Regional Housing Needs Allocation and SB 9, and directed the City Attorney to not move forward with litigation at this time.
ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Awasthi adjourned the meeting. Meeting adjourned at 8:52 p.m.
From: T Shueh
To: Foster City Public Comment
Cc: [email protected]; Yelena Cappello; Laurie Rith; Rob Lasky; Aaron Siu; Austin Walsh
Subject: BAN flavored E-Cigarette - Foster City Council! Date: Thursday, September 29, 2022 2:24:39 PM
Foster City Council. Please vote to prohibit sales of flavored e-cigarettes and other tobacco products in Foster City. San Mateo County and cities including Half Moon Bay, South San Francisco, Burlingame, San Carlos, San Mateo and Redwood City have prohibited selling flavored tobacco, with several others considering bans. No litigation has successfully overturned the ordinances to date.
From: Danny Gan
To: Foster City Public Comment
Cc: [email protected]; Yelena Cappello; Laurie Rith; Rob Lasky; Aaron Siu; Austin Walsh
Subject: Why "Sale of Electronic Cigarettes Prohibited" is removed? Date: Monday, October 3, 2022 9:38:12 AM
Dear FC council members,
In the August 15 council meeting, a proposed ordinance specifically said Sale of Electronic Cigarettes Prohibited
https://civicclerk.blob.core.windows.net/stream/FOSTERCITYCA/6c224f95-7e3f-442a-85a4- 90b13375fd9d.pdf?sv=2015-12-
11&sr=b&sig=zFdAimeyjK0bdl2w0lr8VS8otdkONzFA121zJQKGQT8%3D&st=2022-10- 03T16%3A05%3A50Z&se=2023-10-03T16%3A10%3A50Z&sp=r&rscc=no- cache&rsct=application%2Fpdf
8.11.030 Sale of Electronic Cigarettes Prohibited. Except as provided in Section 8.11.070, no person or tobacco retailer shall sell, or offer for sale any electronic cigarettes to a person within the geographic boundaries of Foster City.
Fast forward to tonight's meeting, the new proposed ordinance removed "Sale of Electronic Cigarettes Prohibited" from the original ordinance. This opens the door that e-cigs can still be sold in FC. For the sake of our city's youth health, I strongly recommend including "Sale of Electronic Cigarettes Prohibited" in the ordinance. With "Sale of Electronic Cigarettes Prohibited", it eliminates the chance for youth to buy e-cigarettes in FC.
Thank you,
Danny Gan