CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF JANUARY 17, 2023
MINUTES
CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of January 17, 2023 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 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 Communications Director/City Clerk/District 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: Stefan Chatwin, City/District Manager, Denise Bazzano, Assistant City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Edmund Suen, Finance Director; Tracy Avelar, Police Chief; Louis Sun, Public Works Director; Derek Schweigart, Parks and Recreation Director, Rob Lasky, IT Manager; Thai-Che Le, Planning Manager; Julie Paping, Principal Management Analyst; Yelena Cappello, Deputy City Clerk; Shuli Chen, Video Technician and Priscilla Schaus, Communications Director/City Clerk/District Secretary.
SPECIAL PRESENTATIONS
PROCLAMATION IN RECOGNITION OF THE FOSTER CITY LIBRARY.
Vice Mayor Sullivan presented the Proclamation in Recognition of the Foster City Library to Foster City Library Branch Manager Julie Finklang, Senior Librarian Gina Feil, and Deputy Director Carine Risley.
PRESENTATION FROM THE PALESTINIAN AMERICAN COALITION OF SAN FRANCISCO DONATING A CHECK IN THE AMOUNT OF $1,000 TO THE FOSTER CITY FOUNDATION.
Dr. Samir Totah and Mona Saadeh-Totah, representing the Palestinian American Coalition of San Francisco presented the check to the Foster City Foundation.
PUBLIC
The following people addressed the City Council via email:
1. Sherry Gilbert regarding traffic on Pitcairn Drive; and
2. Arthi Abhyanker regarding police body cameras.
CONSENT CALENDAR
Motion by Councilmember/Director Kiesel, seconded by Councilmember/Director Jimenez, and carried unanimously, 3-0-0, approving the following items on the City/District Consent Calendar:
Councilmember Hindi and Councilmember Sullivan stated that they had a conflict of interest because they own a business and property within 500 ft of the project location.
Mayor Froomin stated that he had a conflict of interest because he owns property within 500 ft of the project location.
Under the provision of the Government Code for Exercising the Rule of Necessity, based on a random selection drawing conducted at the last meeting, Mayor Froomin participated in the vote, and Councilmembers Hindi and Sullivan recused themselves due to a conflict of interest.
1. City Ordinance No. 657, “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 (First Reading January 9, 2023);” and
2. City Ordinance No. 658, “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 (First Reading January 9, 2023).”
Motion by Councilmember/Director Hindi, seconded by Vice Mayor/Vice President Sullivan, and carried unanimously, 5-0-0, approving the following items on the City/District Consent Calendar:
City/EMID Consent Calendar
1. City Ordinance No. 659, “An Ordinance of the City of Foster City Amending the Foster City Zoning Map to Modify the Previously Approved General Development Plan for the 5.99-acre Parcel Known as Parkside Towers at 1001 and 1051 East Hillsdale Boulevard at the Northern Corner of Foster City Boulevard and East Hillsdale Boulevard in the C-2/pd (General Business/planned Development Combining) District With an Amended General Development Plan to Allow Research and Development (R&D) Use and Finding the Project is Exempt From the California Environmental Quality Act (CEQA) – APN 094-524-220 - RZ2021- 0005 (First Reading December 5, 2022);”
2. City Ordinance No. 660, “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 (First Reading January 9, 2023);”
3. City Resolution No. 2023-4, “A Resolution of the City Council of the City of Foster City Ratifying the Proclamation of Existence of a Local Emergency Related to December and January Winter Storm Events (Winter Storms);”
4. City Resolution No. 2023-5, “A Resolution of the City Council of the City of Foster City Authorizing an Amendment to the Agreement Between City of Foster City and Foster City Village, Inc. Extending the Term From January 1, 2023 Through December 31, 2023, With Additional Optional Extensions Through June 30, 2026 for the Use of City-owned Office and Meeting/Classroom Space, IT Services and Equipment at the Community Center;”
5. EMID Resolution No. 3700, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing an Amendment to the Agreement Between City of Foster City and Foster City Village, Inc. Extending the Term From January 1, 2023 Through December 31, 2023, With Additional Optional Extensions Through June 30, 2026 for the Use of City-owned Office And Meeting/Classroom Space, IT Services and Equipment at the Community Center;”
6. City Resolution No. 2023-6, “A Resolution of the City Council of Foster City Approving the Issuance of a Request for Proposals for Professional Engineering Design Services Associated with Fuel Systems Improvement Project (CIP 301- 700);”
7. EMID Resolution No. 3701, “A Resolution of the Board of Directors of Estero Municipal Improvement District Approving the Issuance of a Request for Proposals for Professional Engineering Design Services Associated with Fuel Systems Improvement Project (CIP 301-700);”
8. City Resolution No. 2023-7, “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;” and
9. EMID Resolution No. 3702, “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.”
ITEMS REMOVED FROM CONSENT CALENDAR
Without objection from the City Council, Mayor Froomin removed this item from the Consent Calendar at the request of staff.
AUTHORIZING THE MAYOR TO EXECUTE CONTRACT IN AN AMOUNT NOT TO EXCEED $48,660 WITH WILDLIFE INNOVATIONS INC. FOR DEVELOPMENT OF AN
INTEGRATED CANADA GOOSE POPULATION MANAGEMENT PLAN, INCLUDING
ENVIRONMENTAL REVIEW, AND AUTHORIZATION OF AN ADDITIONAL BUDGET APPROPRIATION OF $28,660 AND ESTABLISHMENT OF A CONTINGENCY IN THE AMOUNT OF $7,300 WITH AUTHORIZATION GIVEN TO THE CITY MANAGER TO
EXECUTE CONTRACT AMENDMENTS OR ASSOCIATED PURCHASE ORDERS UP TO THE CONTINGENCY AMOUNT. CONTINUED TO CITY COUNCIL MEETING ON OR BEFORE FEBRUARY 21, 2023.
The following people addressed the City Council in person:
1. Denise Bolbol;
2. Pat Buviello;
3. Erik Allen;
4. Prasanth Pennepalli, 45422 Little Foot Place, Fremont; and
5. Veer Gehani.
The following people addressed the City Council via teleconference:
1. Brent Turner, Half Moon Bay;
2. Shireef el Makawi;
3. Susan Rowinski;
4. Susan Lessin;
5. Carla Cabral; and
6. Tonia Moore, San Mateo
The following people addressed the City Council via email:
1. Keith Lee;
2. Christian Bucey, representing Greenfire Law; and
3. Kristin Lynn.
Motion by Councilmember Hindi, seconded by Councilmember Sullivan, and carried unanimously, 5-0-0, to continue “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract in an Amount Not to Exceed $48,660 with Wildlife Innovations Inc. For Development of an Integrated Canada Goose Population Management Plan, including Environmental Review, and Authorization of an Additional Budget Appropriation of $28,660 and Establishment of a Contingency in the Amount of $7,300 With Authorization Given to the City Manager to Execute Contract Amendments or Associated Purchase Orders Up to the Contingency Amount” to a City Council meeting on or before February 21, 2023.
Without objection from the City Council, Mayor Froomin removed this item from the Consent Calendar at the request of Councilmember Hindi.
LETTER URGING STATE LEGISLATORS TO AMEND ASSEMBLY BILL (AB) 2449.
MINUTE ORDER NO. 1894.
Assistant City Attorney Bazzano presented the staff report.
Discussion ensued.
Motion by Councilmember Jimenez, seconded by Councilmember Kiesel, and carried unanimously by roll call vote, 5-0-0, adopting Minute Order No. 1842, authorizing the Mayor to sign a letter urging State Legislators to amend Assembly Bill (AB) 2449.
PUBLIC HEARINGS
AMENDMENT TO THE FOSTER CITY ZONING MAP TO MODIFY THE PREVIOUSLY
APPROVED GENERAL PLAN DEVELOPMENT (GDP) KNOWN AS VINTAGE PARK (GDP) TO APPROVE THE REALLOCATION OF THE PREVIOUSLY APPROVED 250,000 SQUARE FEET OF OFFICE SPACE WITHIN THE SOUTH CAMPUS OF THE
GILEAD MASTER PLAN TO LABORATORY SPACE AND INCLUDE THE PREVIOUSLY APPROVED TEMPORARY GILEAD PARK AS A PERMANENT USE. CITY RESOLUTION NO. 2023-8.
Planning Manager Le presented the staff report.
Mayor Froomin opened a public hearing to hear and consider comments regarding an Amendment to the Foster City Zoning Map to Modify the Previously Approved General Plan Development (GDP) Known as Vintage Park (GDP) to Approve the Reallocation of the Previously Approved 250,000 Square Feet of Office Space Within the South Campus of the Gilead Master Plan to Laboratory Space and Include the Previously Approved Temporary Gilead Park as a Permanent Use.
Lucerne Tsang, Senior Director of Business Strategy at Gilead Sciences, addressed the City Council.
Marlene Bluestone Suliteanu addressed the City Council via email.
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, 5-0-0, adopting City Resolution No. 2023-8, “A Resolution of the City Council of the City of Foster City Adopting Addendum No. 5 and Finding That the Gilead Sciences Integrated Corporate Campus Master Plan Subsequent Environmental Impact Report Adequately Analyzes Environmental Impacts Associated With the Amendment to the Vintage Park General Development Plan to Decrease the Allowable Office Square Footage by 250,000 Square Feet and Increase the Allowable Laboratory Space by 250,000 Square Feet and Include the Previously Approved Temporary Gilead Park Into a Permanent Use for the South Campus Portion of the Gilead Sciences Integrated Campus Master Plan – 300-368 Lakeside Drive; 301 and 309 Velocity Way in Neighborhood VP – Gilead Sciences, Inc. – EA2022-0001.” Motion by Councilmember Hindi, seconded by Councilmember Kiesel, and carried unanimously by roll call vote, 5-0-0, to introduce the ordinance by title and waive further reading, and pass to second reading “An Ordinance of the City of Foster City Amending the Foster City Zoning Map to Modify the Previously Approved General Development Plan for the 72-acre Portion of the + 132-acres Land Known as Vintage Park to Decrease the Allowable Office Square Footage by 250,000 Square Feet and Increase the Allowable Laboratory Space by 250,000 Square Feet for the South Campus Portion of the Gilead Sciences Integrated Campus Master Plan and to Include the Previously Approved Temporary Gilead Park Into a Permanent Use – 300-068 Lakeside Drive; 301 and 309 Velocity Way in Neighborhood VP – Gilead Sciences, Inc – APNs: 094-122-050; -060; - 070; -080; -110; -120; -130; -140; -150; 094-901-290; -300; -310; -340; -370; -380; -390; -400; -410; 094-904-040; 130; 094-901-250; -260; -270; -280; -350; -360; 094-902-060; - 070; -090; -120; -130; -140; 094-903-040; 094-904-290; -300; -310; -320; -330; -340; 094- 905-040; -050; -060; -070; -080; -090; 123-400-010; -020; -030; -040; -050; -060; 070; - 080; -090; -100; -110; -120.”
NEW BUSINESS
APPOINTMENTS OF FIVE CITIZENS TO NEW FULL TERMS FROM JANUARY 1, 2023 THROUGH DECEMBER 31, 2025 ON THE AUDIT COMMITTEE AND ONE CITIZEN TO A NEW FULL TERM FROM JANUARY 1, 2023 THROUGH DECEMBER 31, 2025 ON
THE TRAFFIC REVIEW COMMITTEE, AND REVIEW OF THE CITIZEN ADVISORY COMMITTEE APPOINTMENT PROCESS. MINUTE ORDER NO. 1895. MINUTE ORDER NO. 1896.
Communications Director/City Clerk Schaus presented the report.
Pablo Valle addressed the City Council via teleconference.
Discussion ensued.
Minute Order No. 1895 was adopted as follows:
1. Motion by Vice Mayor Sullivan, seconded by Councilmember Jimenez, and carried, 5-0-0, appointing Michael Barry, Bob Buyers, Audie Chang, Falgoon Desai, Josef Rashty to new full terms from January 1, 2023 through December 31, 2025 on the Audit Committee.
2. Motion by Councilmember Hindi, seconded by Vice Mayor Sullivan, 4-0-1, Councilmember Jimenez abstained, adopting Minute Order No. 1895, appointing Fikret Caner Gocmen to a new full term from January 1, 2023 through December 31, 2025 on the Traffic Review Committee.
Motion by Councilmember Hindi, seconded by Councilmember Kiesel, and carried, 4-1- 0, Councilmember Jimenez voted “no”, adopting Minute Order No. 1896, directing staff to return to the previously used Citizen Advisory Committee appointment process where staff accepted committee applications and provided applications to City Council, and applicants were invited a City Council meeting for interviews and consideration of appointment. The process would also allow for a staff recommendation, if appropriate.
REPORTS
LEVEE IMPROVEMENTS PROJECT (CIP 327-657) – MONTHLY GENERAL UPDATE.
MINUTE ORDER NO. 1897.
Public Works Director Sun and Senior Engineer Magno presented the report.
Discussion ensued.
Motion by Councilmember Kiesel, seconded by Vice Mayor Sullivan, and carried unanimously, 5-0-0, adopting Minute Order No. 1897, to receive and accept the Levee Improvements Project (CIP 327-657) - Monthly General Update.
RESOLUTIONS FOR ADOPTION
AUDITED FISCAL YEAR 2021-22 ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) AND THE FISCAL YEAR 2021-22 WARRANT REGISTERS IN THE FORM OF THAT ACFR. CITY RESOLUTION NO. 2023-9. EMID RESOLUTION NO. 3703.
Finance Director Suen presented the staff report.
Discussion ensued.
Motion by Vice Mayor/Vice President Sullivan, seconded by Councilmember/Director Kiesel, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-9, “A Resolution of the City Council of the City of Foster City Ratifying and Approving the Audited Fiscal Year 2021-22 Annual Comprehensive Financial Report (ACFR) and the Fiscal Year 2021-22 Warrant Registers in the Form of That ACFR” and EMID Resolution No. 3703 “A Resolution of the Board of Directions of the Estero Municipal Improvement District Ratifying and Approving the Audited Fiscal Year 2021-22 Annual Comprehensive Financial Report (ACFR) and the Fiscal Year 2021-22 Warrant Registers in the Form of That ACFR.”
APPROPRIATING $5,000 IN FISCAL YEAR 2022-2023 FROM THE GENERAL FUND BALANCE TO ACCOUNT NUMBER 001-1030-413-42-60 FOR NONPROFIT FUNDING
TO THE FOSTER CITY SISTER CITY ASSOCIATION TO OFFSET THE COSTS
INCURRED BY THE FOSTER CITY SISTER CITY ASSOCIATION (FCSA) ASSOCIATED WITH MAINTAINING THE RELATIONSHIP WITH FOSTER CITY’S SISTER CITY, INAGI CITY, JAPAN. CITY RESOLUTION NO. 2023-10.
Communications Director/City Clerk Schaus presented the staff report.
Steve Okamoto, 630 Leo Drive, addressed the City Council in person.
Discussion ensued.
Motion by Councilmember Sullivan, and motion failed due to the lack of a second, to table the item until March when nonprofit funding is reviewed.
Motion by Councilmember Jimenez, seconded by Councilmember Kiesel, and carried, 3- 2-0, Vice Mayor Sullivan and Councilmember Hindi voted “no”, adopting City Resolution No. 2022-140, “A Resolution of the City Council of the City of Foster City Appropriating $5,000 in Fiscal Year 2022-2023 From the General Fund Balance to Account Number 001-1030-413-42-60 for Nonprofit Funding to the Foster City Sister City Association to Offset the Costs Incurred by the Foster City Sister City Association (FCSA) Associated With Maintaining the Relationship with Foster City’s Sister City, Inagi City, Japan.”
COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.
City/District Warrants of Demands were Processed and Issued on November 30, 2022, December 5, 2022, December 15, 2022, December 28, 2022, and ACH were processed on December 5, 2022.
CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND
REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager Chatwin provided an update regarding the recent storm, including fallen tree incidents, lagoon pumping, and addressing drain blockages. He expressed his appreciation for positive comments regarding the efforts for the Public Works staff, Parks and Recreation staff, and Police Department. The work has been a result of strong communication and group efforts.
Councilmember/Director Kiesel asked Public Works Director Sun if the City has enough pumping capacity to move a large amount of water and Director Sun confirmed the City has two operational pumps at the lagoon pump station with one pump used for normal operation, and the second pump as backup.
Councilmember/Director Jimenez stated that she attended the City/ County Association of Governments (C/CAG) Board meeting on January 12. She expressed concerns regarding service provided by Pacific Gas and Electric (PG&E). She acknowledged Martin Luther King Jr. Day and wished the community a happy Lunar New Year.
Councilmember/Director Hindi wished everyone a happy Lunar New Year and thanked Public Works for minimizing the impact of the storm and also thanked the Police Department and the San Mateo Consolidated Fire Department. He acknowledged Martin Luther King Jr. Day and said there is a lot of work to be done regarding civil rights.
Vice Mayor/ Vice President Sullivan thanked the Public Works and Police Departments, and PG&E employees for all their work. On January 12, he attended the San Mateo Consolidated Fire Department onboarding meeting with Mayor Froomin.
Mayor/President Froomin stated that he attended the San Mateo Consolidated Fire onboarding meeting on January 12. He requested to agendize for a report from Renne Public Policy Group (RPPG) regarding legislative action and grant writing activity, and a majority of the City Council supported the request. He thanked Councilmember Hindi for applying to OneShoreline San Mateo County Floor and Sea Level Rise Resiliency Agency to represent Foster City. He expressed continued concern about PG&E storm mitigation efforts due to neighborhoods still experiencing power outages.
CLOSED SESSION
Mayor/President Froomin recessed the meeting into Closed Session for:
1. Public Employee Performance Evaluation (Government Code §54957) Title: City Manager; and
2. Report Out from Closed Session.
Meeting recessed into Closed Session at 9:25 p.m. and reconvened at 10:26 p.m.
Assistant City Attorney Stock/District Legal Counsel Bazzano reported that no action was taken in Closed Session.
ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Froomin adjourned the meeting. Meeting adjourned at 10:26 p.m.