CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF NOVEMBER 7, 2022
MINUTES
CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of November 7, 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; Ben Stock, City Attorney/District Legal Counsel ; Edmund Suen, Finance Director , Marlene Subhashini, Community Development Director ; Maria Saguisag-Sid, Human Resources Director; Tracy Avelar , Police Chief; Robert Marshall, Deputy Fire Chief; Louis Sun, Public Works 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 CELEBRATING THE 50TH ANNIVERSARY OF THE FOSTER CITY
CHAMBER OF COMMERCE
Mayor Awasthi presented the proclamation Celebrating the 50th Anniversary of the Foster City Chamber of Commerce to Marah Curry, Foster City Chamber of Commerce Director of Operations & Administration.
PROCLAMATION HONORING BART CHARLOW ON HIS RETIREMENT FROM
SAMARITAN HOUSE
Mayor Awasthi presented the proclamation Honoring Bart Charlow on his Retirement from Samaritan House to Bart Charlow.
PUBLIC
The following people addressed the City Council via email:
1. Jeff Regan, regarding campaign literature and signage;
2. Amanda, representing Bay Area Youth Climate Action Team, regarding synthetic turf.
The following people, representing Bay Area Youth Climate Action Team, addressed the City Council via teleconference regarding synthetic turf:
1. Amanda;
2. Nicole;
3. Mark; and
4. Lana Levison.
CONSENT CALENDAR
Motion by Councilmember/Director Gehani, seconded by Councilmember/Director Sullivan, and carried unanimously, 5-0-0, approving the following items on the City/District Consent Calendar:
City/EMID Consent Calendar
1. Minutes of Regular Meeting of October 17, 2022;
2. 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
Motion by Councilmember Gehani, seconded by Councilmember Sullivan, and carried, 4- 0-0, approving the following items on the City/District Consent Calendar:
Jaime Rojas, Legislative Consultant, National Association of Tobacco Outlets addressed the City Council via email regarding “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”
Councilmember Hindi recused himself due to a conflict of interest because his business sells tobacco products.
1. City Ordinance No. 653, “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)
REMOVED FROM CONSENT
Without objection from the City Council Mayor Awasthi removed this item from the Consent Calendar at the request of Councilmember Sullivan.
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. CITY RESOLUTION NO. 2022-124.
Public Works Director Sun presented the staff report.
Discussion ensued.
Motion by Vice Mayor Froomin, seconded by Councilmember Gehani, and carried 4-1-0, Councilmember Sullivan voted “no”, adopting City Resolution No. 2022- 124, “A Resolution of the City Council of the City of Foster City Resolution Authorizing the Appropriation of $68,145 from the Vehic le 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”
Without objection from the City Council Mayor Awasthi removed this item from the Consent Calendar at the request of Councilmember Gehani.
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. CITY RESOLUTION NO.2022-125. EMID RESOLUTION NO. 3687.
Motion by Councilmember Hind i, seconded by Councilmember Sullivan , and carried unanimously, 5- 0-0, adopting City Resolution No. 2022- 126, “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 I mprovement 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 Appropriati on in an Amount Not-to-Exceed $20,196 to the Community Benefits Fund, Account No. 005-0110- 413-4251 to Fund the Contribution” and EMID Resolution No. 3687, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the A fter 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.”
PUBLIC HEARINGS
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, 20 22 EDITION WITH APPENDICES AND LOCAL AMENDMENTS. CITY ORDINANCE NO. 654. CITY ORDINANCE NO. 655.
Mayor Awasthi opened 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, 2022 Edition with Appendices and Local Amendments.
No public testimony was received.
Without objection from the City Council, Mayor Awasthi closed the public hearing.
Motion by Vice Mayor Froomin , seconded by Councilmember Gehani, and carried unanimously, 5-0-0, adopting City Ordinance No. 654, “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).”
Motion by Councilmember Gehani seconded by Vice Mayor Froomin, and carried unanimously, 5-0-0, adopting City Ordinance No. 654, “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).”
REPORTS
4TH QUARTER FISCAL YEAR 2021 -22 FINANCIAL UPDATE . MINUTE ORDER NO. 1886.
Finance Director Suen presented the staff report.
Motion by Councilmember Gehani, seconded by Councilmember Hindi, and carried unanimously, 5-0-0, adopting Minute Order No. 1886, 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 8.12, “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.
Councilmember Hindi recused himself due to a conflict of interest because his business sells tobacco products.
Councilmember Hindi left the room from 7:55 p.m. to 8:15 p.m.
City Attorney Stock presented the staff report.
The following people addressed the City Council via teleconference:
1. Tricia Barr; and
2. Rima Khoury , General Counsel, Fumari , and representative of the National Hookah Community Association.
Discussion ensued.
Motion by Councilmember Gehani, seconded by Vice Mayor Froomin, 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 8.12, “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” with the following amendments with the following amendments - Section 8.12.080 - Compliance monitoring - add one compliance check per 12 month period, with associated costs to be included in permit fees. Section 8.12.100 – Time Period of Suspension – change time period of prior determination from 24 months to 60 months. Section 8.12.110 – Enforcement – [and Ordinance 653 Section 8.11.040 – Enforcement] change fines for violations to $500 for a first violation, and $1,000 for subsequent violations.
Motion by Councilmember Gehani, seconded by Vice Mayor Froomin, and carried by roll call vote, 4 -0-0, to pass to second reading “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” with the following amendments - Section 8.12.080 - Compliance monitoring - add one compliance check per 12 month period, with associated costs to be included in permit fees. Section 8.12.100 – Time Period of Suspension – change time period of prior determination from 24 months to 60 months. Section 8.12.110 – Enforcement – [and Ordinance 653 Section 8.11.040 – Enforcement] change fines for violations to $500 for a first violation, and $1,000 for subsequent violation.
RECESS. The meeting recessed at 8:15 p.m. and reconvened at 8:20 p.m.
RESOLUTIONS FOR ADOPTION
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. CITY RESOLUTION NO. 2022-126. EMID RESOLUTION NO. 3688. CITY RESOLUTION NO. 2022-127. EMID RESOLUTION NO. 3689.
City Manager Chatwin presented the staff report.
Discussion ensued.
Motion by Councilmember Hindi, seconded by Councilmember Gehani, and carried unanimously, 5-0-0, adopting City Resolution No. 2022-126, “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: and EMID Resolution No. 3688, “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” and City Resolution No. 2022-127, “A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan Effective November 8, 2022”, and EMID Resolution No. 3689, “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.”
COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.
City/District Warrants of Demands were Processed and Issued on October 13, 2022.
COUNCIL/BOARD STATEMENTS AND REQUESTS, COUNCIL LIAISON REPORTS,
AND CITY/DISTRICT MANAGER REPORTS
Councilmember/Director Sullivan stated that he attended the City/County Association of Governments Congestion Management and Environmental Quality Committee meeting on November 1 and they discussed E-bikes and issues with night visibility. On October 28, he attended the Council of Cit ies Dinner in Burlingame and toured the Recreation Center. On October 29, he attended the Spooktacular Halloween Festival , and on October 31, he attended former Deputy City Manager Phan’s farewell reception.
City/District Manager Chatwin announced the departure Human Resources Director Saguisag-Sid and wished her well in her future endeavors.
Councilmember/Director Gehani thanked Human Resources Director Saguisag- Sid for her service and professionalism and wished her well. He also attended the Council of Cities dinner on October 28, the Spooktacular Halloween Festival on October 29, and former Deputy City Manager Phan’s farewell reception. On October 20, he attended the Transportation Subcommittee meeting with Councilmember Hindi and they discus sed new traffic signals at several intersections, the One Bay Area Grant projects, and the San Mateo 101 Express Lane project. He encouraged the community to vote in the upcoming election.
Councilmember/Director Hindi thanked Human Resources Director Saguisag-Sid for her service and stated that she will be missed. On October 19, he attended the Peninsula Clean Energy (PCE) Board meeting and they discussed the diversity and equity policy .
On October 20, he attended the Transportation Subcommittee meeting with Councilmember Gehani and stated that the San Mateo 101 Express Lane project is in a testing phase, a nd they discussed the 101/92 highway junction. He also attended the Council of Cities dinner on October 28 . He requested a proclamation at the next City Council meeting in honor of American Indian Heritage Month, and Mayor Awasthi and City Manager Chatwin supported the request.
Vice Mayor/Vice President Froomin thanked Human Resources Director Saguisag-Sid for leading a number of recruitments and wished her well . On October 21, he attended a Foster City Village event. On October 25, he attended the South Bayside Waste Management Authority (SBWMA) Rethink Recycling event. On October 27, he met with Scout Troop 47 and 4047 and they discussed local government. On October 28, he also attended the Council of Cities dinner, and on October 29 he joined the S pooktacular Halloween Festival. On November 2, he attended the Youth Advisory Committee meeting and they discussed the Spooktacular event and the winter philanthropy project. He encouraged the community to vote in the upcoming election.
Mayor/President Awasthi thanked Human Resources Director Saguisag- Sid for her service, contributions, and responsiveness. On October 29, she attended the Spooktacular Halloween Festival and thanked the Parks and Recreation Department for a well-organized and great event. On November 5, she attended the Community Emergency Response Team (CERT) Skills Day and expressed her appreciation for the members’ dedication, and highlighted the importance of emergency preparedness.
Mayor/President Awasthi recessed the meeting into Closed Session for:
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; and
2. Report Out from Closed Session.
Meeting recessed into Closed Session at 8:50 p.m. and reconvened at 10:22 p.m.
City Attorney Stock reported that no action was taken in Closed Session.
ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Awasthi adjourned the meeting. Meeting adjourned at 10:22 p.m.