CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF SEPTEMBER 18, 2023
MINUTES
CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of September 18, 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/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: Stefan Chatwin, City/District Manage r, Benjamin Stock , City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Andrew Brozyna, P ublic Works Director; Diane Pitman, Interim Human Resources Director; Sofia Mangalam, Community Development Director; Derek Schweigart, Parks and Recreation Director; Tracy Avelar, Police Chief; Cory Call, Police Captain; Laura Galli, Engineering Manager; James Atkins, Senior Planner; Justin Lai, Senior Civil Engineer; Francine Magno, Senior Civil Engineer; Nori Jabba, Housing Coordinator; Katherine Mendoza, Deputy City Clerk; Shuli Chen, Video Technician; and Communications Director/City Clerk, Priscilla Schaus.
SPECIAL PRESENTATIONS
PRESENTATION OF CERTIFICATES OF RECOGNITION TO THE FOSTER CITY WOLFPACK YOUTH BASEBALL TEAM.
Mayor Froomi n presented the Certificates of Recognition to the Foster City Wolfpack Youth Baseball Team.
PUBLIC
Richa Awasti addressed the City Council via email regarding censorship.
CONSENT CALENDAR
Motion by Vice Mayor/Vice President Sullivan, seconded by Councilmember/Director Kiesel, and carried unanimously, 5-0-0, approving the following items on the City/District Consent Calendar:
City/EMID Consent Calendar
1. Minutes of City/EMID Regular Meeting of August 21, 2023;
2. City Resolution No. 2023-89, “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 and the San Mateo Union High School District for a Contribution in the Amount of $21,667.50 to the ASA Bus Program for the 2023- 2024 School Year, Authorizing the City Manager to Execute the Funding Agreement, and Authorizing an Appropriation in an Amount Not -to-Exceed $21,667.50 to the Community Benefits Fund, Account No. 005-0110-413-4251, to Fund the Contribution;”
3. City Resolution No. 2023-90, “A Resolution of the City Council of the City of Foster City Approving the Established List of Qualified Environmental Consultants to Provide Project-based Professional on-call Services for California Environmental Quality Act (CEQA) Reviews for the Planning Division of the Community Development Department (CDD); Authorizing the Mayor to Execute a Master Professional Services Agreement With Each Consultant on the Lis t With No Compensation Maximum for a Term of Five Years; and Finding the Approval of the on- call List and Master Professional Services Agreements Exempt Under CEQA Pursuant to CEQA Guidelines Section 15061(B)(3);”
4. Minute Order No. 1935, “Approving the Recommendation to Remove the Existing Temporary Cofferdams to Restore Tidal Flow Back i nto the O’Neill Slough and Accept an Addendum to the 2017 Levee Project Final Environmental Impact Report (FEIR) Analyzing Modifications to O’Neill Slough, State Clearinghouse #2016012012 (2017 FEIR);”
5. Minute Order No. 1936, “Appointin g Two Resident Members, Ken Ludlum , Bhavanishankar Subramaniam , and One Business Member, Al De Groot (Representing Gilead), to Full Terms f rom October 1, 2023 Through September 30, 2026 on the Independent Citizen’s Bond Oversight Committee (Levee Bond Oversight Committee);”
6. Minute Order No. 1937, “Receiving and Accepting the Foster City Foundation Fund Annual Report of Financial Activities for Fiscal Year 2022-23;” and
7. Minute Order No.1938, “Approving the Response Letter to Honorable Nancy L.
Fineman Judge of the Superior Court in Response to the San Mateo County Civil Grand Jury Report, Dated July 10, 2023, entitled "Bike Safety in San Mateo County: Making Bicycling Safer in The County.”
ITEMS REMOVED FROM CONSENT
APPROPRIATION OF $41,000.00 FROM THE GENERAL FUND BALANCE TO FOSTER CITY POLICE ACCOUNT NO. 001 -0620-421-4251 FOR FY 23- 24 TO FUND
ONE CONTRACTED FULL -TIME MENTAL HEALTH CLINICIAN TO BE SHARED EQUALLY WITH SAN MATEO POLICE. CITY RESOLUTION NO. 2023-91.
Without objection from the Cit y Council, Mayor Froomin removed this item from the Consent Calendar at the request of City staff.
Discussion ensued.
Motion by Councilmember Hindi, seconded by Vice Mayor Sullivan, and carried unanimously, 5- 0-0, adopting City Resolution No. 2023- 91, “A Resolution of the City Council of the City of Foster City Authorizing the Appropriation of $41,000.00 From the General Fund Balance to Foster City Police Account No. 001- 0620-421-4251 for FY 23- 24 to Fund One Contracted Full-time Mental Health Clinician to Be Shared Equally With San Mateo Police as Part of the Community Wellness and Crisis Response Team Mental Health Partnership.”
REQUEST FOR PROPOSALS AND/OR QUALIFICATIONS FOR PROFESSIONAL
SERVICES FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES,
ARCHITECTURAL ENGINEERING, LANDSCAPE ARCHITECTURE, WATER AND
WASTEWATER ENGINEERING, CORROSION ENGINEERING, COST ESTIMATION,
AND GEOTECHNICAL ENGINEERING SERVICES AND FINDING THE PROJECT EXEMPT FROM CEQA UNDER SECTION 15061(B)(3). CITY RESOLUTION NO. 2023-
92. EMID RESOLUTION NO. 3745
Without objection from the City Council/EMID Board of Directors, Mayor/President Froomin removed this item from the Consent Calendar at the request of Councilmember/Director Hindi.
Discussion ensued.
Motion by Mayor/President Froomin, seconded by Councilmember/Director Jimenez, and carried 4- 1-0, Councilmember/Director Hin di voted “no”, adopting City Resolution No. 2023-92, “ A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Pr oposals and/or Qualifications for Professional Services for Construction Management and Inspection Services, Architectural Engineering, Landscape Architecture, Water and Wastewater Engineering, Corrosion Engineering, Cost Estimation, and Geotechnical Engineering Services and Finding the Project Exempt from CEQA under Section 15061(B)(3)” and EMID Resolution No. 3745, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Issuance of a Request for Proposals and/or Qualification s for Professional Services for Construction Management and Inspection Services, Architectural Engineering, Landscape Architecture, Water and Wastewater Engineering, Corrosion Engineering, Cost Estimation, and Geotechnical Engineering Services and Finding the Project Exempt from CEQA under Section 15061(B)(3).”
RESOLUTIONS FOR ADOPTION
APPOINTMENT OF FIFTEEN MEMBERS TO THE YOUTH ADVISORY COMMITTEE.
CITY RESOLUTION NO. 2023-93.
Recreation Coordinator Koval presented the staff report.
Discussion ensued.
Motion by Councilmember Jimenez , seconded by Vice Mayor Sullivan, and carried unanimously, 5- 0-0, adopting City Resolution No. 2023- 93, “A Resolution of the City Council of the City of Foster City Ap proving the Appointment of Fifteen Member s to the Youth Advisory Committee.”
PUBLIC HEARINGS
AMENDMENTS TO TITLE 17, “ZONING” CHAPTERS 17.78 ACCESSORY DWELLING UNITS, AND 17.86 DENSITY BONUSES AND FINDING THE AMENDMENTS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3).
Community Development Director Mangalam presented the staff report.
Mayor Froomin opened a public hearing to hear and consider comments r egarding the amendments to Title 17, “Zoning” Chapters 17.78 Accessory Dwelling U nits, and 17.86 Density Bonuses and finding the amendments exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15061(b)(3).
Evan Adams 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 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 Making Various Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code Chapter
17.78, “Accessory Dwelling Units” and Finding the Amendments Exempt from the California Environmental Quality Act – RZ2023-0006.”
Motion by Councilmember Hindi , seconded by Councilmember Jimenez, 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 Making Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code Chapter 17.86, “Density Bonuses”, to Ensure Compliance with Recent Changes in State Law and Finding the Amendments Exempt from the California Environmental Quality Act – RZ2023-0007.”
NEW BUSINESS
IMPLEMENT HYBRID MEETINGS AND THE RECORDING OF ALL CITIZEN ADVISORY COMMITTEE MEETINGS. MINUTE ORDER NO. 1939.
Communications Director/City Clerk Schaus presented the staff report.
Fred Baer addressed the City Council in person.
The following people addressed the City Council via teleconference:
1. Evan Adams;
2. Michael Levinson;
3. Nilo Motiwala; and
4. Larry Staley.
Discussion ensued.
Motion by Councilmember Jimenez , seconded by Vice Mayor Sullivan, and carr ied unanimously, 5- 0-0, adopting Minute Order No. 193 9, providing policy direction to implement hybrid meetings and record meetings of the Citizens Sustainability Advisory Committee, Levee Bond Oversight Committee, Parks and Recreation Committee, and Traffic Review Committee.
RECREATION CENTER REBUILD PROJECT (CIP 301 -678) - SCHEMATIC DESIGN AND PROJECT BUDGET. MINUTE ORDER NO. 1940.
Parks and Recreation Director Schweigart presented the staff report.
The following people addressed the City Council via email:
1. Bart Pantoja, representing the Building & Construction trades Council of San Mateo County; and
2. Phoebe Venkat.
The following people addressed the City Council via teleconference:
1. Eric Corpuz;
2. Rich Biederman;
3. Doris Duncan;
4. Karen Epstein; and
5. Evan Adams.
Discussion ensued.
Motion by Mayor Froomin, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting Minute Order No. 1940 , to receive and accept the Recreation Center Rebuild Project (CIP 301-678) report on the schematic design phase, and by consensus of the Council, provide policy direction to:
1. Accept the construction budget estimate for the Recreation Center Rebuild and request staff to come back with an update on funding options;
2. Include the Café, Shell Blvd. Entry Façade Enhancement, Expanded Preschool Patio and Playground, and Bocce Court in the project scope and budget;
3. Exclude the Shell Blvd. Events Wing Roof Enhancement and Park Restroom from the project scope and budget;
4. Approve the schematic design concept for the new Recreation Center Rebuild Project (RCRP), a two-story building with curved (wing) roof lines, material and color palette; and
5. Approve the design concept for RCRP site/landscape design (public terraces along lagoon and controlled access yards/patios on Shell Blvd).
OLD BUSINESS
GRANT CONSENT TO THE CITY OF BURLINGAME TO INCLUDE THE CITY OF
FOSTER CITY IN THE SAN FRANCISCO PENINSULA TOURISM MARKETING DISTRICT (SFPTMD). CITY RESOLUTION NO. 2023-94.
City Manager Chatwin presented the staff report.
Discussion ensued.
Motion by Councilmember Hindi, seconded by Vice Mayor Sullivan, and carried unanimously, 5- 0-0, adopting City Resolution No. 2023- 94, “A Resolution o f the City Council of the City o f Foster City, State o f California, Granting Consent t o the City o f Burlingame to Include t he City of Foster City i n the San Francisco Peninsula Tourism Marketing District (SFPTMD).”
COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.
City/District Warrants of Demands were Processed and Issued on August 15, 2023, August 31, 2023 and September 5, 2023, and ACH were processed on September 5, 2023.
CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND
REQUESTS, AND COUNCIL LIAISON REPORTS
REQUEST TO PLACE AN ITEM ON A FUTURE AGENDA BY VIC E MAYOR PATRICK SULLIVAN REGARDING UPDATING THE CITY’S DISPOSABLE FOOD SERVICE
WARE ORDINANCE WHICH IS CURRENTLY BASED ON SAN MATEO COUNTY ORDINANCE AND INCLUDE THE CITY OF PACIFICA ’S PROVISIONS UNDER SECTION 6-5.404.
The following people addressed the City Council via email:
1. Marah Curry;
2. Shilpi Goel;
3. Amit Khare;
4. Murli Melwani;
5. Stuti Goel;
6. Manisha;
7. Phoebe Venkat;
8. Inna Magne; and
9. Falgoon Desai.
The following people addressed the City Council via teleconference:
1. Nilofer Motiwala;
2. Nicole Lee;
3. Griffin Lee;
4. Amanda Yu;
5. Katherine Geng;
6. Lana Levison;
7. M Yu; and
8. Evan Adams.
Discussion ensued.
Motion by Councilmember Jimenez, seconded by Councilmember Hindi, and carried 4-1- 0, Mayor Froomin voted “no,” to agendize updating the C ity’s Disposable Food Service Ware Ordinance which is currently based on San Mateo County Ordinance to include the City of Pacifica’s provisions under Section 6-5.404.
Discussion ensued.
Motion by Councilmember Jimenez, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, to reconsider the previous motion.
Vice Mayor Sullivan withdrew his request and noted he may come back at a future meeting with an updated request.
CLOSED SESSION
Mayor/President Froomin recessed the meeting into Closed Session for:
1. Conference with Labor Negotiators (Government Code Section 54957.6) Agency designated representative: Stefan Chatwin, Diane Pitman, and Austris Rungis
Employee Organizations: AFSCME
2. Report out from Closed Session
Meeting recessed into Closed Session at 11:48 p.m. and reconvened at 12:05 a.m.
City Attorney/District Legal Counsel Benjamin Stock 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 12:05 a.m.