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Foster City City Council
May 22, 2023

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Minutes
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May 22, 2023
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Foster City City Council
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CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

SPECIAL MEETING OF MAY 22, 2023

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS

The Special Meeting of May 22, 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.

This meeting was held as a hybrid meeting.

ROLL CALL

The Communications Director/City Clerk 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; Sofia Mangalam, Community Development Director; Derek Schweigart, Parks and Recreation Director; Martin Ticas , Police Captain; Rob Lasky, IT Manager; Thai -Che Le, Planning Manager; Justin L ai, Senior Civil Engineer; Nori Jabba, Housing Coordinator; Leslie Carmichael, Consulting Planner; Bridget Michelsen, Video Technician; Doug Michelson, Video Technician; and Priscilla Schaus, Communications Director/City Clerk.

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. 2023-47, “A Resolution of the City Council of the City of Foster City Authorizing the Award of a Construction Contract to FieldTurf USA, Inc. in the Amount of $915,526.90 for the Construction of the Synthetic Turf Resurfacing Project Sea Cloud Park S4 (CIP 301-709); And an Appropriation in the Amount of $370,000 to CIP 301- 709 and Finding Project Exempt Under California Environmental Quality Act Guidelines Sections 15301 and 15061(B)(3).”

PUBLIC HEARINGS

HOUSING ELEMENT FOR 2023 -2031, THE FINAL ENVIRONMENTAL IMPACT

REPORT FOR THE HOUSING AND SAFETY ELEMENTS UPDATE AND
ACCOMPANYING GENERAL PLAN AMENDMENTS AND ZONING AMENDMENTS .

CITY RESOLUTION NO. 2023-48. CITY RESOLUTION NO. 2023-49.

Community Development Director Mangalam and Consulting Planner Carmichael presented the staff report.

Mayor Froomin opened a public hearing to hear and consider comments regarding Housing Element for 2023-2031, the Final Environmental Impact Report for the Housing and Safety Elements Update and accompanying general plan amendments and zoning amendments.

The following people addressed the City Council via email:

1. Prash Chopra;

2. Eva Hess; and

3. Nagender Bandi.

The following people addressed the City Council in person:

1. Shiv Shukla;

2. Shankar Kenkre;

3. Jeanette; and

4. Gary Dababo.

Pablo Vallee addressed the City Council via teleconference.

Without objection from the City Council, Mayor Froomin closed the public hearing.

Discussion ensued.

Motion by Vice Mayor Sullivan, seconded by Councilmember Kiesel , and carried unanimously, 5-0-0, adopting City Resolution No. 202 3-48, “A Resolution of the City Council of the City of Foster City Certifying the Final Environmental Impact Report (EIR) for the Foster City Housing and Safety Elements Update (SCH# 2022010509), Adopting Environmental Findings Pursuant to the California Environmental Quality Act, Adopting a Statement of Overriding Considerations, and Adopting a Standard Conditions of Approval and Mitigation Monitoring and Reporting Program, including acceptance and approval of the Water Supply Assessment as adopted by the Estero Municipal Improvement District (EA2021-0004).”

Motion by Councilmember Kiesel , seconded by Vice Mayor Sullivan, and carried unanimously, 5-0-0, adopting City Resolution No. 202 3-49, “A Resolution of the City Council of the City of Foster City Adopting a General Plan Amendment to Repeal the 2015-2023 Housing Element and Adopt the Housing Element of the General Plan for Period of 2023- 2031 Including Policies and Programs to Affirmatively Further Fair Housing, and Related Amendments to the Land Us e and Circulation Element in Compliance with State Housing Element Law and Finding the Amendments Within the Scope of the EIR Prepared for the Foster City Housing and Safety Elements Update (GP2020-0002 and GP2022-0001).”

Meeting recessed at 8:17 p.m. and reconvened at 8:25 p.m.

Motion by Vice Mayor Sullivan , seconded by Councilmember Hindi, and carried by roll call vote, 4-1-0, Councilmember Jimenez voted “no,” to introduce “An Ordinance of the City of Foster City Adopting Amendments to the Foster City Zoning Map to Implement the RHNA 6 Housing Element for the 2023- 2031 Planning Period and Finding the Amendments Within the Scope of the EIR Prepared for the Foster City Housing and Safety Elements Update” by title, waive further reading, and pass to second reading.

Motion by Councilmember Hindi, seconded by Vice Mayor Sullivan, and carried unanimously by roll call vote, 5-0-0, to introduce “An Ordinance of the City of Foster City Amending the Foster City Zoning Map to Modify the Previously Approved General Development Plan for the + 100- Acre Lands Known as Metro Center in the C -2/PD (General Business/Planned Development) District to a C -2/PD (General Business/Planned Development) District with an Amended General Development Plan to Allow Commercial – or -- Mixed Commercial/Residential Use up to 222 dwelling units at 1010 Metro Center Boulevard in the Town Center Neighborhood (TC) and Finding the Amendments within the Scope of the EIR Prepared for the Foster City Housing and Safety Elements Update. (RZ2023- 0002)” by title, waive further reading, and pass to second reading.

Motion by Councilmember Kiesel, seconded by Councilmember Jimenez, and carried unanimously by roll call vote, 5-0-0, to introduce “An Ordinance of the City of Foster City Adopting Various Text Amendments to Title 17, Zoning, of the Foster City Municipal Code Including Amendments to Chapter 17.14, R-2 Two-Family Residence District and Chapter

17.82 Emergency Shelters, Low-Barrier Navigation Centers, and Supportive Housing for consistency with State law and Finding the Amendments within the Scope of the EIR Prepared for the Foster City Housing and Safety Elements Update (RZ2023- 0003)” by title, waive further reading, and pass to second reading.

CLOSED SESSION

Mayor/President Froomin recessed the meeting into Closed Session for:

1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (one potential case);

2. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (three potential cases) (See Attached); and

3. Report Out from Closed Session.

Meeting recessed into Closed Session at 8:28 p.m. and reconvened at 9:10 p.m.

Assistant City Attorney /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 9:10 p.m.

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