CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF NOVEMBER 21, 2022
MINUTES
CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of November 21, 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 ; Derek Schweigart, Parks and Recreation 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.
Councilmember Hindi made a land acknowledgement that Foster City is on unceded ancestral homeland of the Ramaytush Ohlone who are the original inhabitants of the San Francisco Peninsula.
SPECIAL PRESENTATIONS
A PROCLAMATION RECOGNIZING SUPRIYA SINGH FO R HER WORK WITH THE FOSTER CITY VILLAGE.
Mayor Awasthi presented the proclamation recognizing Supriya Singh for her work with the Foster City Village to Supriya Singh.
A PROCLAMATION RECOGNIZING NOVEMBER 2022 AS NATIVE AMERICAN HERITAGE MONTH.
Councilmember Gehani presented the proclamation recognizing November 2022 as Native American Heritage Month to Gloria Gutierrez, Co- Chair NIPI/ Native Indigenous Peoples Initiative.
PRESENTATION BY FOSTER CITY LIBRARY MANAGER JULIE
FINKLANG REGARDING THE SAN MATEO COUNTY LIBRARY 2021 -2022 ANNUAL REPORT.
Foster City Library Branch Manager Julie Finklang and Senior Librarian Gina Feil conducted a presentation regarding the San Mateo county library 2021- 2022 annual report.
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 November 7, 2022;
2. EMID Resolution No. 202 2-3690, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Sole Source Purchase of Sensus Large Water Meters From Thirkettle Corporation, (Dba Aqua-metric Sales Company) in an Amount Not to Exceed $150,000.00;”
3. City Resolution No. 2022- 128, “A R esolution of the City Council of the City of Foster City Authorizing the Execution of a Sole Source Professional Services Agreement with Verde Design, Inc. for Professional Engineering Services, Bidding Support and Construction Support for Sea Cloud Park S4 Synthetic Resurfacing Project (CIP 301-709) in the Amount of $56,800 with a Contingency of $8,000;”
4. City Resolution No. 2022- 129, “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;”
5. EMID Resolution No. 3691, “A Resolution of the Board of Directors of the Estero 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;” and
6. Minute Order No. 1887, “ By Minute Order, Receive and Accept Report on 1st Quarter Fiscal Year 2022-23 Financial Update.”
Motion by Councilmember Gehani, seconded by Councilmember Sullivan, and carried, 4- 0-0, approving the following items on the City/District Consent Calendar:
Councilmember Hindi recused himself due to a conflict of interest because his business sells tobacco products.
1. City Ordinance No. 656, “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 Section 8.11.040, “Enforcement” Within Chapter 8.11 “Regulation of the Sale of Flavored Tobacco Products and Electronic Cigarettes” Relating to Enforcement (First Reading November 7, 2022) and finding Ordinance exempt from the California Environmental Quality Act
REMOVED FROM CONSENT
Without objection from the City Council Mayor Awasthi removed this item from the Consent Calendar at the request of Councilmember Sullivan.
ADOPTING AN UPDATED INVESTMENT POLICY DATED NOVEMBER 21, 2022 AND
AUTHORIZING THE CITY MANAGER OR CITY TREASURER TO EXECUTE
DOCUMENTS FOR THE CITY TO JOIN WITH OTHER PUBLIC AGENCIES AS
SHAREHOLDERS OF THE CALIFORNIA ASSET MANAGEMENT TRUST, A JOINT
POWERS AUTHORITY (JPA), TO INVEST IN SHARES OF THE TRUST AND TO JOIN AS AN INVESTOR. CITY RESOLUTION NO. 2022-130. EMID RESOLUTION NO. 3692.
Finance Director Suen presented the staff report.
Discussion ensued.
Motion by Councilmember/Director Hindi, seconded by Councilmember/Director Sullivan and carried 5-0-0, adopting City Resolution No. 2022- 130, “A Resolution of the City Council of the City of Foster City Adopting an Updated Investment Policy Dated November 21, 2022 and Authorizing the City Manager or City Treasurer to Execute Documents for the City to Join with Other Public Agencies as Shareholders of the California Asset Management Trust, a Joint Powers Authority (JPA), to Invest in Shares of the Trust and to Join as an Investor” and EMID Resolution No. 3692, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Adopting an Updated Investment Policy Dated November 21, 2022 and Authorizing the City Manager or City Treasurer to Execute Documents for the City to Join with Other Public Agencies as Shareholders of the California Asset Management Trust, a Joint Powers Authority (JPA), to Invest in Shares of the Trust and to Join as an Investor.”
PUBLIC HEARINGS
PROPOSED SOLID WASTE COLLECTION RATES FOR CALENDAR YEAR 2023. CITY RESOLUTION NO. 2022-131.
Mayor Awasthi opened a public hearing to hear and consider comments regarding proposed Solid Waste Collection Rates for Calendar Year 2023.
Principal Management Analyst Lorenz presented the staff report.
No public testimony was received.
Without objection from the City Council, Mayor Awasthi closed the public hearing.
Discussion ensued.
Motion by Councilmember Hindi , seconded by Councilmember Gehani , and carried unanimously, 5- 0-0, adopting City Resolution No. 2022-131, “A Resolution of the City Council of the City of Foster City Authorizing an Increase to Solid Waste, Recyclables, and Organic Materials Collection Rates for Calendar Year 2023 by 5.0% and the Rates for Unscheduled Services by 4.184% Effective January 1, 2023.”
REPORTS
INDEPENDENT CITIZENS' BOND OVERSIGHT COMMITTEE'S (LEVEE BOND
OVERSIGHT COMMITTEE) ANNUAL REPORT TO THE CITY COUNCIL REGARDING
THE EXPENDITURES OF BOND PROCEEDS ASSOCIATED WITH THE LEVEE IMPROVEMENTS PROJECT (CIP 327-657). MINUTE ORDER NO. 1888.
Public Works Director Sun presented the staff report.
Motion by Councilmember Sullivan, seconded by Vice Mayor Froomin , and carried unanimously, 5-0-0, adopting Minute Order No. 1888, receiving and accepting the report.
LEVEE IMPROVEMENTS PROJECT (CIP 327 -657) - MONTHLY GENERAL UPDATE.
MINUTE ORDER NO. 1889.
Public Works Director Sun presented the staff report.
Motion by Vice Mayor Froomin, seconded by Councilmember Sullivan , and carried unanimously, 5-0-0, adopting Minute Order No. 1889, receiving and accepting the report.
REPORT ON WASTEWATER TREATMENT PLANT MASTER PLAN IMPROVEMENTS PROJECT (CIP 455 -652) - CLEAN WATER PROGRAM - UPDATE FOR JULY THROUGH SEPTEMBER 2022. MINUTE ORDER NO. 1890.
Public Works Director Sun presented the staff report.
Motion by Councilmember Sullivan , seconded by Vice Mayor Froomin , and carried unanimously, 5-0-0, adopting Minute Order No. 1890, receiving and accepting the report.
RESOLUTIONS FOR ADOPTION
AGREEMENT IN THE AMOUNT OF $5,483,957 WITH GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC FOR PROFESSIONAL DESIGN, BIDDING,
ENVIRONMENTAL REVIEW AND CONSTRUCTION SUPPORT SERVICES FOR THE RECREATION CENTER REPLACEMENT PROJECT (CIP 301 -678) AND A PROJECT PARTICIPATION PLAN . CITY RESOLUTION NO. 2022-131. MINUTE ORDER NO . 1891.
Parks and Recreation Director Schweigart presented the staff report.
Discussion ensued.
Motion by Councilmember Hindi, seconded by Councilmember Gehani, and carried unanimously, 5-0-0, adopting City Resolution No. 2022-132, “A Resolution of the City Council of the City of Foster City Authorizing an Agreement in the Amount of $5,483,957 with Group 4 Architecture, Research + Planning, Inc for Professional Design, Bidding, Environmental Review and Construction Support Services for the Recreation Center Replacement Project (CIP 301-678).”
Motion by Councilmember Gehani , seconded by Vice Mayor Froomin, and carried unanimously, 5-0-0, adopting Minute Order No. 1891, receiving and accepting the Project Participation Plan.
COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.
City/District Warrants of Demands were Processed and Issued October 31, 2022, and ACH were processed on November 4, 2022.
COUNCIL/BOARD STATEMENTS AND REQUESTS, COUNCIL LIAISON REPORTS,
AND CITY/DISTRICT MANAGER REPORTS
City/District Manager Chatwin announced that the next City Council meeting will take place on December 5, the City Council Reorganization will take place December 12, and a Special Meeting is scheduled for January 9. The December 19 and January 3 City Council meetings have been cancelled.
Councilmember/Director Sullivan thanked Councilmember Hindi for making a land acknowledgement regarding the Ramaytush Ohlone. He attended the November 15 City Council and Planning Commission joint special meeting to discuss the Housing Element.
On November 17, he attended the Peninsula Clean Energy meeting. On November 18, he attended the Council of Cities meeting in Belmont and viewed a present ation on the housing overlay. On November 19, he attended the Chinese Business Owner’s Association Art Contest.
Councilmember/Director Gehani stated that he attended the Council of Cities dinner with Councilmember Sullivan and Councilmember Froomin. On November 14, he a ttended the Library Joint Power Authority Board meeting, and acknowledged the dedication of long serving members who are leaving the Board, including Regina Wallace-Jones (East Palo Alto), Reuben Holober (Millbrae), Charles Stone (Belmont), Mike O’Neill (Pacifica), Carole Groom (County Supervisor), Maryann Derwin (Portola Valley). On November 17, he attended the Commute.org meeting and they discussed an update on Assembly Bill 2449, which relates to the Brown Act and teleconferencing at meetings. He requested to agendize a review of AB 2449, which was supported by the majority of the City Council.
Also at the Commute.org meeting, they discussed a project related to equity, and a Countywide Transportation Demand Management (TDM) policy.
Councilmember/Director Hindi congratulated Art Kiesel and Stacy Jimenez on their election to the City Council. He thanked Councilmember Sullivan for attending the Peninsula Clean Energy meeting on his behalf on November 17, while he attended the Bay Are Wa ter Supply & Conservation Agency (BAWSCA) meeting. At the BAWSCA meeting, they discussed at report from the San Francisco Public Utilities Commission (SFPUC) regarding water supply , the Tuolumne River, and t hanked the community for reduced water usage and urged everyone to continue water conservation efforts.
Vice Mayor/Vice President Froomin stated that he attended S outh Bayside Waste Management (SBWMA) Board meeting on November 17 and they selected a new operator, South Bayside Industries , to operate the Shoreway Environmental Center .
November 18, he attended the Council of Cities meeting. On November 19, he attended the Chinese Business Owner’s Association A rt C ontest. He stated that there was a structure fire in Foster City that was resolved with quick action from the San Mateo Consolidated Fire Department . He invited the community to attend Walking in a Winter Wonderland event on December 3, invited seniors in the community to join the free senior movies events on the first and third Thursdays of each month, and wished everyone a Happy Thanksgiving.
Mayor/President Awasthi thanked the Communications Division for their work on the State of the City video and Community Annual Report, and wished everyone a Happy Thanksgiving.
ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Awasthi adjourned the meeting. Meeting adjourned at 8:07 p.m.