CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
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 GOVER NMENT 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/82414007093
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/82414007093
• To dial-in via phone:
1- 669-900-6833 or
1-669-444-9171
And enter Webinar ID: 824 1400 7093
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, November 7, 2022 6:30 PM
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 Celebrating the 50th Anniversary of the Foster City Chamber of Commerce
4.2. A Proclamation Honoring Bart Charlow on His Retirement from Samaritan House
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. City/EMID Regular Meeting of October 17, 2022
6.2. City/EMID Ordinances for Adoption (First City Ordinance Number to be used tonight is 653)
6.2.1. 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” (First Reading October 17, 2022)
a) Adopt Ordinance
6.3. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 2022-124 and EMID Resolution Number to be used tonight is 3687)
6.3.1. A Resolution of the City Council of the City of Foster City Resolution Authorizing the Appropriation of $68,145 from the Vehicle Replacement Fund 501 to Account No. 501-0560-431- 4384 and the Ordering and Purchase of Three (3) 2023 Ford F- 250 “Super Duty” Trucks With Utility Beds
a) Staff Report
b) Adopt Resolution
6.3.2. a) A Resolution of the City Council of the City of Foster City Approving the After School Activity (ASA) Bus Program Funding Agreement Between the City of Foster City/Estero Municipal Improvement District and the San Mateo Union High School District for a Contribution in the Amount of $20,196 to the ASA Bus Program for the 2022-2023 School Year, Authorizing the City Manager to Execute the Funding Agreement, and Authorizing an Appropriation in an Amount Not-to-Exceed $20,196 to the Community Benefits Fund, Account No. 005-0110-413-4251 to Fund the Contribution; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the After School Activity (ASA) Bus Program Funding Agreement Between the City of Foster City/Estero Municipal Improvement District and the San Mateo Union High School District for a Contribution in the Amount of $20,196 to the ASA Bus Program for the 2022-2023 School Year, Authorizing the District Manager to Execute the Funding Agreement, and Authorizing an Appropriation in an Amount Not- to-Exceed $20,196 to the Community Benefits Fund, Account No. 005-0110-413-4251 to Fund the Contribution
c) Staff Report
d) Adopt Resolutions
6.4. City/EMID Other
6.4.1. Cancel the December 19, 2022 Regular Meeting of the City Council/EMID Board of Directors of the City of Foster City/Estero Municipal Improvement District
7. PUBLIC HEARINGS
7.1. A Public Hearing to Hear and Consider Comments Regarding California Codes Adoption – California Codes Adoption – Adopt by ordinance the California Building Code, 2022 Edition; the California Residential Code, 2022 Edition; the California Electrical Code, 2022 Edition; the California Mechanical Code, 2022 Edition; the California Plumbing Code, 2022 Edition; the California Existing Building Code, 2022 Edition; the California Fire Code, 2022 Edition; the California Energy Code, 2022 Edition and the California Green Building Standards Code, 2019 Edition with Appendices and Local Amendments.
a) Open Public Hearing
b) Receive Public Testimony
c) Close Public Hearing
d) Action - 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 (First Reading October 3, 2022)
i) By Motion Adopt Ordinance
e) Action - 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 (First Reading October 3, 2022)
i) By Motion Adopt Ordinance
8. REPORTS
8.1. Report on 4th Quarter Fiscal Year 2021-22 Financial Update a) Staff Report
b) Action - By Minute Order, Receive and Accept Report
9. ORDINANCES FOR INTRODUCTION
9.1. 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 8.12, “tobacco Retailer Permit” and Amending Section 8.11.040, “Enforcement” Within Chapter 8.11 “Regulation of the Sale of Flavored Tobacco Products and Electronic Cigarettes” Relating to Enforcement a) Staff Report
b) Action -
i) Introduce Ordinance by title, by motion waive further reading ii) By motion pass ordinance to second reading
10. RESOLUTIONS FOR ADOPTION
10.1. Consideration of the Addition of an Assistant City Manager Position, Amendment of the Salary Range for the Assistant City Manager Position, and Request for Appropriation of Additional Funding in the Amount of $1,901 to the City/District Manager’s Department Budget for FY 2022-2023
a) Staff Report
b) Action - A Resolution of the City Council of the City of Foster City Approving an Assistant City Manager Position in the City Manager’s Office and Appropriating an Additional $1,901 in Fiscal Year 2022-2023 to the City Manager Department General Fund Account
c) Action - A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving an Assistant City Manager Position in the City Manager’s Office and Appropriating an Additional $1,901 in Fiscal Year 2022-2023 to the City Manager Department General Fund Account
d) Action - A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan Effective November 8, 2022
e) Action - A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Pay Plan Effective November 8, 2022
11. COMMUNICATIONS
11.1. City/District Warrants of Demands were Processed and Issued on October 13, 2022.
a) Information Item Only
b) No Action Required
12. 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.
13. CLOSED SESSION
13.1. Conference with Labor Negotiators (Government Code Section 54957.6) Agency designated representative: Maria Saguisag-Sid and Stefan Chatwin
Employee Organizations: POA, AFSCME, and Management Group
13.2. Report Out from Closed Session
14. 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:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs)
City Council meetings on https://www.fostercity.org/community/page/fctv-live-stream :
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings on-demand:
https://www.fostercity.org/agendasandminutes