CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF OCTOBER 17, 2022
MINUTES
CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of October 17, 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; Denise Bazzano, Assistant City Attorney /Assistant District Legal Counsel ; Jennifer Phan, Deputy City Manager ; Edmund Suen , Finance Director , Marlene Subhashini, Community Development Director ; Cory Call, Police Captain; Robert Marshall , Deputy Fire Chief; Louis Sun, Public Works Director; Rob Lasky, IT Manager; Thai -Chau Le, Planning Manager; Francine Magno, Senior Engineer; Julie Paping, Principal Management Analyst ; Shuli Chen, Video Technician and Yelena Cappello, Acting City Clerk/ Recording Secretary.
SPECIAL PRESENTATIONS
A PROCLAMATION RECOGNIZING OCTOBER 2022 AS HINDU HERITAGE MONTH (TABLED FROM OCTOBER 3, 2022)
Mayor Awasthi presented the proclamation Recognizing October 2022 as Hindu Heritage Month to Dr. Romesh Japra, Founder of the Festival of Globe.
A PROCLAMATION RECOGNIZING BAYBASI FOR THEIR CONTRIBUTIONS TO
FOSTER CITY'S CULTURAL EVENTS
Mayor Awasthi presented the Proclamation Recognizing Baybasi for their Contributions to Foster City's Cultural Events to Amit Sen, President of the Board for Baybasi.
A PROCLAMATION RECOGNIZING OCTOBER 2022 AS SUBSTANCE ABUSE
PREVENTION MONTH
Councilmember Sullivan presented the proclamation October 2022 as Substance Abuse Prevention Month to Sheila Brar, Chair of the San Mateo County Behavioral Health Commission.
PUBLIC
Jon Froomin addressed the City Council in person regarding comments made at a political event concerning his voting record as a member of the City Council.
The following people addressed the City Council via teleconference:
1. Mary Beth Bykowsky, representing the California Department of Insurance, regarding recent insurance industry updates; and
2. Weng Tam, representing Local 217 Carpenter’s Union, regarding standards for hiring local carpenters.
CONSENT CALENDAR
Motion by Councilmember/Director Gehani, seconded by Councilmember/Director Sullivan, 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 Regular Meeting of October 3, 2022, a pproved with amendment to correct the first motion for item “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” to read “to direct staff to bring back the ordinance at the next City Council meeting with the inclusion of a ban on electronic cigarettes;”
2. City Resolution No. 2022- 122, “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;”
3. EMID Resolution No. 3685, “A Resolution of the Board of Directors of the Es tero 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;”
4. City Resolution No. 2022- 123, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Master Agreements with Huffman Broadway Group, Inc. For Professional on- call Environmental Services and Apex Testing Laboratories Inc. And Construction Testing Services for On-Call Materials Testing Services.”
NEW BUSINESS
APPOINTMENT OF ONE CITIZEN REPRESENTATIVE TO A THREE-YEAR TERM ON THE LEVEE BOND OVERSIGHT COMMITTEE. CITIZEN APPLICANTS: SANFORD HEISLER AND STEPHANIE LACARRUBBA. MINUTE ORDER NO. 1983.
City Manager Chatwin presented the staff report.
Motion by Councilmember Hindi, seconded by Councilmember Gehani , and carried unanimously, 5-0-0, adopting Minute Order No. 1883, appointing Sanford Heisler to a full term from October 17, 2022 to October 1, 2025 on the Levee Bond Oversight Committee.
PREPARATION OF A SINGLE YEAR BUDGET FOR FY 2023 -2024 OR A BIENNIAL BUDGET FOR TWO CONSECUTIVE ONE YEAR PERIODS CONSISTING OF FY 2023- 2024 AND FY 2024-2025. MINUTE ORDER NO. 1984.
Finance Director Suen presented the staff report.
Motion by Councilmember Hindi, seconded by Councilmember Sullivan , and carried unanimously, 5-0-0, adopting Minute Order No. 1884 , directing staff to continue preparation of a single year budget until further notice.
PRELIMINARY REVIEW OF A REQUEST TO AMEND THE VINTAGE PARK GENERAL
DEVELOPMENT PLAN (GDP) TO REALLOCATE THE PREVIOUSLY APPROVED 250,000 SF OF OFFICE ALLOCATION WITHIN THE SOUTH CAMPUS OF THE GILEAD
MASTER PLAN TO LABORATORY SQUARE FOOTAGE AND INCLUDE THE
PREVIOUSLY APPROVED TEMPORARY GILEAD PARK INTO A PERMANENT USE AS PART OF THE UPDATED VINTAGE PARK GDP – 300-368 LAKESIDE DRIVE AND 301-309 VELOCITY WAY – RZ2022-0001. NO ACTION TAKEN.
Planning Manager Le presented the staff report.
Lucerne Tsang, Senior Director of Business Strategy at Gilead Sciences, addressed the City Council.
Discussion ensued.
No action was taken.
REPORTS
LEVEE IMPROVEMENTS PROJECT (CIP 327 -657) - MONTHLY GENERAL UPDATE.
MINUTE ORDER NO. 1885.
Senior Engineer Magno presented the staff report.
Discussion ensued.
Motion by Vice Mayor Froomin , seconded by Councilmember Gehani, and carried unanimously, 5-0-0, adopting Minute Order No. 1885, receiving and accepting the report.
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 7:48 p.m. to 8:34 p.m.
Assistant City Attorney Bazzano presented the staff report.
The following people addressed the City Council via email:
1. Jeff Regan; and
2. Jaime Rojas, Legislative Consultant, National Association of Tobacco Outlets.
The following people addressed the City Council via teleconference:
1. Jaime Rojas, Legislative Consultant, National Association of Tobacco Outlet; and
2. Tricia Barr.
Discussion ensued.
Motion by Vice Mayor Froomin, seconded by Councilmember Gehani, and carried, 4-0- 0, to introduce the ordinance by title and waive further reading of “ 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 ” with an amendment to remove section 8.11.020 (E) “Subdivision (A) does not apply to Loose Leaf Tobacco or Premium Cigars” and directing that the ordinance goes into effect January 1, 2023.
Motion by Councilmember Gehani, seconded by Vice Mayor Froomin, and carried by roll call vote, 4-0-0, to pass “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” with an amendment to remove 8.11.020 (E) “ Subdivision (A) does not apply to Loose Leaf Tobacco or Premium Cigars” to second reading and directing that the ordinance goes into effect January 1, 2023.
RESOLUTIONS FOR ADOPTION
ADDITIONAL CONSTRUCTION CONTINGENCY FUNDS FOR CONTRACT CHANGE ORDERS IN THE AMOUNT OF $900,000 FOR THE LEVEE PROTECTION PLANNING AND IMPROVEMENTS PROJECT (CIP 327-657). NO ACTION TAKEN.
Public Works Director Sun presented the staff report.
Discussion ensued.
No action was taken.
COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.
City/District Warrants of Demands were Processed and Issued on September 15, 2022, September 29, 2022, and ACH were processed on October 5, 2022.
COUNCIL/BOARD STATEMENTS AND REQUESTS, COUNCIL LIAISON REPORTS,
AND CITY/DISTRICT MANAGER REPORTS
City/District Manager Chatwin congratulated the IT Division for winning the 2022 Municipal Information Systems Association of California Award for excellence in IT practices. He announced that Deputy City Manager Jennifer Phan will be leaving to join the City of Union City, and wished her all the best and said she will be greatly missed.
Councilmember/Director Sullivan stated that Deputy City Manager Phan will be missed.
On October 10, he attended the Recreation Center Project Consultant Interviews and said it was a good discussion . He met with representatives from Gilead Sciences regarding the preliminary review of the Vintage Park General Development Plan. On October 13, he attended the San Mateo Union High School Board meeting and they met newly hired principals.
Councilmember/Director Gehani congratulated IT Manager Rob Lasky and the IT Team, and thanked staff for thorough reports and City Council for their preparation. He thanked Deputy City Manager Phan for her professionalism and commitment to the community , and wished her all the best.
Councilmember/Director Hindi congratulated Deputy City Manager Phan , and thanked her for her service to the community , and said she will be truly missed. He thanked IT Manager Lasky for his service, and highlighted the ability to hold live hybrid, in-person, and teleconference meetings. On October 5 he attended the Airport Community Roundtable meeting and continued discussion with the San Francisco International Airport and the Federal Flight Administration (FFA). He stated that he appreciated the hard work on the Levee Improvements Project.
Vice Mayor/Vice President Froomin congratulated IT Manager Lasky and the IT Division.
He thanked Deputy City Manager Phan for her years of dedicated service and wished her well on her future endeavors. On October 5, he attended the Youth Advisory Committee meeting and they selected officers and discussed a winter philanthropy project. On October 12, he attended the Gilead STEM Career Forum. Also on Oct ober 12, he attended the San Mateo Consolidated Fire Department Board meeting and they discussed the addition of firefighter positions.
Mayor/President Awasthi stated she was unable to attend the City/County Association of Governments (C/CAG) meeting but reviewed the agenda and has a meeting scheduled to understand an equity study. She congratulated IT Manager Lasky and the IT team. She congratulated Deputy City Manager Phan, and thanked her for her service, professionalism, and consistency and commended her on her thorough understanding of complex items.
ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Awasthi adjourned the meeting. Meeting adjourned at 9:45 p.m.