CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF JANUARY 9, 2023
MINUTES
CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Special Meeting of January 9, 202 3 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 Jon Froomin.
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 City Clerk/District Secretary/Recording Secretary called the roll:
PRESENT:
Councilmembers/ex officio Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin.
ABSENT: None.
STAFF PRESENT: Ben Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager, Edmund Suen, Finance Director; Tracy Avelar , Police Chief ; Kent Thrasher, Fire Chief, Robert Marshall , Deputy Fire Chief; Louis Sun, Public Works Director; Rob Lasky, IT Manager; Leslie Carmichael, Consulting Planner, Julie Paping, Principal Management Analyst ; Yelena Cappello, Deputy City Clerk; Shuli Chen, Video Technician and Priscilla Schaus, City Clerk/District Secretary/Recording Secretary.
PUBLIC
Yvonne Ryzak addressed the City Council in person regarding flooding resulting from recent storms.
CONSENT CALENDAR
Motion by Vice Mayor/Vice President Sullivan, seconded by Councilmember/Director Jimenez, and carried unanimously, 5-0-0, approving the following items on the City/District Consent Calendar:
City/EMID Consent Calendar
1. City Resolution No. 2023-1, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. 1 to the Existing Contract Agreement with Koff & Associates, a Division of Gallagher Benefit Services, Inc., in the Amount of $8,250;” and
2. EMID Resolution No. 3699, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. 1 to the Existing Contract Agreement with Koff & Associates, a Division of Gallagher Benefit Services, Inc., in the Amount of $8,250.”
PUBLIC HEARINGS
HOUSING ELEMENT ZONING AMENDMENTS AND EXISTING UNIT PURCHASE TENANT PREFERENCE POLICY. CITY RESOLUTION NO. 202 3-2. CITY RESOLUTION NO. 2023-3.
Vice Mayor Sullivan and Councilmember Hindi stated that they had a conflict of interest because they own a business and property within 500 feet of the project location.
Mayor Froomin stated that he had a conflict of interest because he owns property within 500 feet of the project location.
Under the provision of the Government Code for Exercising the Rule of Necessity, a random drawing was conducted and Mayor Froomin participated in the discussion, and Councilmember Hindi and Vice Mayor Sullivan recused themselves due to a conflict of interest.
Vice Mayor Sullivan and Councilmember Hindi and left the room at 6:40 p.m. and returned at 7:01 p.m.
Consulting Planner Carmichael presented the staff report for the portion of the item where the conflict of interest was applicable.
Mayor Froomin opened a public hearing to hear and consider comments regarding the Housing Element Zoning Amendments and Existing Unit Purchase Tenant Preference Policy.
Brian Shields Field Representative for Carpenters Union Local 217 addressed the Council via teleconference.
Without objection from the City Council, Mayor Froomin closed the public hearing.
Discussion ensued.
Motion by Councilmember Kiesel, seconded by Councilmember Jimenez, and carried, 3- 0-0, adopting City Resolution No. 2023-2,” A Resolution of the City Council of the City of Foster City Adopting an Addendum to the 2015 Final Environmental Impact Report Prepared for the Foster City General Plan Update and Climate Action Plan (SCH #2012072003)”
Motion by Councilmember Jimenez, seconded by Councilmember Kiesel , and carried by roll call vote, 3-0-0, to introduce the ordinance by title only and waive further reading, and pass to second reading “An Ordinance of the City of Foster City Making Various Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code to Implement Housing Sites Identified in the Sites Inventory in the Regional Housing Needs Allocation (RHNA), 5th Cycle; and Making Various Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code, Including Amendments to Chapter 17.78, “Accessory Dwelling Units” and 17.04, “Definitions” and Chapter 17.82, “Emergency Shelters”, Among Others, to Implement the RHNA 6 Housing Element for the 2023- 2031 Planning Period and Comply With Recent Changes in State Law and Finding Certain Amendments Subject to an Addendum to the 2015 Final Environmental Impact Report (FEIR) Prepared for the Foster City General Plan Update and Climate Action Plan (SCH #2012072003) or Exempt From the California Environmental Quality Act – RZ2022-0003.”
Motion by Councilmember Kiesel, seconded by Councilmember Jimenez, and carried by roll call vote, 3-0-0, to introduce the ordinance by title only and waive further reading, and pass to second reading “ An Ordinance of the City of Foster City Adopting Amendments to the Foster City Zoning Map to Make Edits to Conform to Zoning Text Amendments and Implement the RHNA 6 Housing Element for the 2023-2031 Planning Period and Comply With Recent Changes in State Law and Finding the Amendments Within the Scope of the Addendum to the 2015 FEIR – RZ2022-0002.”
Mayor Froomin reopened the public hearing to hear and consider comments regarding the Housing Element Zoning Amendments and Existing Unit Purchase Tenant Preference Policy.
Consulting Planner Carmichael presented the second portion of the staff report with no applicable conflict of interest.
No public testimony was received.
Without objection from the City Council, Mayor Froomin closed the public hearing.
Discussion ensued.
Motion by Councilmember Hindi, seconded by Vice Mayor Sullivan and carried unanimously by roll call vote, 5 -0-0, to introduce the ordinance by title only and waive further reading, and pass to second reading “An Ordinance of the City of Foster City Rescinding Chapter 17.56 Floor Area Standards of Title 17, “Zoning” of the Foster City Municipal Code to Implement Housing Policy H -D-9 and Program H -D-9-D Identified in the 2015-2023 Housing Element and Finding the Amendment Within the Scope of the Negative Declaration Adopted for the 2015-2023 Housing Element – RZ2022-0003.”
Motion to introduce by Vice Mayor Sullivan, seconded by Councilme mber Kiesel, and carried unanimously, 5-0-0, adopting City Resolution No. 2023 -3, “A Resolution of the City of Foster City Adopting Amended Preferences for Selection of Tenants of Existing Unit Purchase Program Affordable Housing Units and Finding the Amendment Exempt From the California Environmental Quality Act (CEQA).”
NEW BUSINESS
APPOINTMENTS OF FOUR CITIZENS TO NEW FULL TERMS FROM JANUARY 1, 2023 THROUGH DECEMBER 31, 2025 AND ONE CITIZEN TO AN UNEXPIRED PARTIAL TERM THROUGH DECEMBER 31, 2023 ON THE PARKS AND RECREATION COMMITTEE. MINUTE ORDER NO. 1892.
Communications Director/City Clerk Schaus presented the staff report.
Discussion ensued.
Motion by Councilmember Kiesel , seconded by Councilmember Hindi, and carried unanimously, 5-0-0, adopting Minute Order 1892, appointing Fred Baer, Doris Duncan, Yvonne Ryzak, and Raj Tiwari to new full terms from January 1, 2023 through December 31, 2025 and Sirish Bindal to an unexpired partial term through December 31, 2023 on the Parks and Recreation Committee.
FOSTER CITY COUNCIL LIASONS LIST DATED JANUARY 9, 2023. MINUTE ORDER NO. 1893.
Discussion ensued.
Motion by Councilmember Hindi, seconded by Vice Mayor Sullivan, and carried unanimously, 5-0-0, adopting Minute Order 1893, adopting the Foster City Council Liaisons List dated January 9, 2023 with amendments to assign Vice Mayor Sullivan as the primary liaison to the League of California Cities, and Mayor Froomin as the alternate, and assigning Councilmembers as alternates.
COUNCIL/BOARD STATEMENTS AND REQUESTS, COUNCIL LIAISON REPORTS,
AND CITY/DISTRICT MANAGER REPORTS
Councilmember/Director Kiesel expressed the need for communication with Pacific Gas and Electric ( PG&E) regarding the power outage Foster City residents encountered during the recent storm.
Councilmember/Director Jimenez thanked Assistant City Manager Subhashini and Consulting Planner Carmichael for reviewing agenda items with her . She also thanked the Police and Public Works Departments, and other staff who have been working to keep residents safe, and Mayor Froomin for his leadership, during the recent storms. She requested to agendize an item to seek a contribution of $5,000 to the Foster City Sister City Association to offset the expenditures maintaining the Sister City relationship with Inagi City, Japan, including hosting a delegation in February, and a majority of the City Council supported the request.
Councilmember/Director Hindi thanked the Public Works and Police Departments, and the San Mateo Consolidated Fire Department for their hard work to keep residents safe during the storm s. He acknowledged that the City has been proactive in investing in infrastructure, and highlighted the importance of quality employees to continually provide a high level of service for the community. He invited the public to join the Resilient & Sustainable Foster City Community Workshop on January 12, and stated the event will be held online only due to the storm.
Vice Mayor/Vice President Sullivan thanked first responders for their work, and Ms. Ryzak for her public comment regarding flooding. He congratulated the appointees to the Parks and Recreation Committee. On January 4, he attended the San Mateo County Storm Briefing and they discussed storm preparations. On January 7, he attended the inauguration ceremony for the new San Mateo County Sheriff Christina Corpus with Councilmember Hindi and Councilmember Jimenez . He congratulated Sheriff Corpus and looks forward to her leadership.
Mayor/President Froomin acknowledged the fire department, police officers, and notably Public Works staff for being out on New Year’s Eve to help with the storm mitigation. He met with PG&E officials to discuss storm response and encourage proactive repairs. He asked if staff could investigate the drains at Whalers’ Island. He thanked the new and returning Parks and Recreation Committee members for their engagement and thanked his City Council colleagues for being prepared for the meeting. He requested to agendize a discussion regarding the San Mateo County Chamber Progress Seminar, and a majority of the City Council supported the request.
Assistant City Manager Subhashini wished everyone a Happy New Year on behalf of the City Manager’s Office and staff. She also thanked staff for their work during the storm and welcomed back Communications Director/City Clerk Schaus.
ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Froomin adjourned the meeting. Meeting adjourned at 7:49 p.m.