CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.
To Attend the Meeting in Person:
Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:
Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.
To Observe the Meeting via Teleconference/Video Conference:
To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.
Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Monday, November 06, 2023 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF
DIRECTORS
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Recognizing November 2023 as Native American Heritage Month
4.2. A Proclamation Recognizing November 2023 as Family Court Awareness Month
4.3. Presentation of Certificates to Inaugural Class of Civics Academy
5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.
Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.
This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.
6.1. City/EMID Regular Meeting Minutes of October 16, 2023
6.2. A Resolution of the City Council of the City of Foster City Reappointing Paul Norton as the Foster City Representative to the Board of Trustees of the San Mateo County Mosquito and Vector Control District to a Fouryear Term From January 1, 2024 Through December 31, 2027
a) Staff Report
b) Adopt Resolution
6.3. A Resolution of the City Council of the City of Foster City Repealing City Resolution No. 201550 and Changing the Candidate Statement Deposit Amount to $900 and Including All Language Translations as Required by Law a) Staff Report
b) Adopt Resolution
6.4. A Resolution of the City Council of the City of Foster City Recommending City Council Approving a Supplemental Appropriation of $60,000 from General Plan Maintenance Fund 128 to Account 12808384194251 for Consulting Services for Continued Assistance with Housing Element Certification and Implementation and Finding the Request Exempt from the California Environmental Quality Act Pursuant to CEQA Guideline Section 15061(B)(3) a) Staff Report
b) Adopt Resolution
6.5. A Resolution of the City Council of the City of Foster City Authorizing the Execution of a Task Order with BKF Engineers for OnCall Civil Engineering Services in the Amount of $144,868 to Provide Roadway Assessment, Design Services, and Bid/Construction Support for CIP 301716 Street Rehabilitation and Parks Pathway Restoration (20232024); Appropriation in the Amount of $678,247.48 from Fund 301 to the Existing Project Budget 30109107164251; and Finding the Approval Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15061(B) (3) and 15301(C)—Existing Facilities
a) Staff Report
b) Adopt Resolution
6.6. a) A Resolution of the City Council of the City of Foster City Authorizing the Submittal of Individual Grant Applications to the Department of Resources Recycling and Recovery (CalRecycle) for All Grant Programs for Which City of Foster City is Eligible and Authorizing the City Manager or His Designee to Execute All Grant Documents, Including but Not Limited to, Applications, Grant Agreements, Amendments and Requests for Payments for a Period of Five Years; and Finding Approval Exempt Under the California Environmental Quality Act (CEQA) Guidelines § 15061(B)(3); and
b) A Resolution of the City Council of the City of Foster City Authorizing the Appropriation of All Funding Received From the FY 20222023 Local Assistance Grant Program to Account Number 141091043142.51; and Finding Approval Exempt Under the California Environmental Quality Act (CEQA) Guidelines § 15061(B)(3)
c) Staff Report
d) Adopt Resolutions
6.7. a) A Resolution of the City Council of the City of Foster City Approving a Construction Services Agreement for CIP 405660 Water Tanks & Facilities Improvement Project and CIP 301690 Seismic Improvements at the Lagoon Pump Station with Manito Construction Inc. in the Amount of $4,353,252; Establishing Construction Contingencies for CIP 405660 and CIP 301690 in the Amounts of $640,000 and $13,000 Respectively; Authorizing Execution of Contract Amendment No. 4 with Consor, Inc. in the Amount of $121,270 for Construction Support Services for CIP 405660; Establishing a Contract Contingency in the Amount of $40,000 for CIP 405660 for the Professional Services Agreement with Consor Inc.; Appropriation of $100,000 from Fund 409 to CIP 405660; Substitution of $1 Million Dollars in Project Funding from Fund 405, with Funding from Fund 409; and Finding the Project Exempt from CEQA Under Section 15301(B); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving a Construction Services Agreement for CIP 405660 Water Tanks & Facilities Improvement Project and CIP 301690 Seismic Improvements at the Lagoon Pump Station with Manito Construction Inc. in the Amount of $4,353,252; Establishing Construction Contingencies for CIP 405660 and CIP 301690 in the Amounts of $640,000 and $13,000 Respectively; Authorizing Execution of Contract Amendment No. 4 with Consor, Inc. in the Amount of $121,270 for Construction Support Services for CIP 405660; Establishing a Contract Contingency in the Amount of $40,000 for CIP 405660 for the Professional Services Agreement with Consor Inc.; Appropriation of $100,000 from Fund 409 to CIP 405660; Substitution of $1 Million Dollars in Project Funding from Fund 405, with Funding from Fund 409; and Finding the Project Exempt from CEQA Under Section 15301(B) c) Staff Report
d) Adopt Resolutions
7. NEW BUSINESS
7.1. Consideration of Draft 2024 State Legislative Platform and Policy a) Staff Report
b) Action By Minute Order, Provide Policy Direction
8. REPORTS
8.1. Recreation Center Rebuild Project (CIP 301778) Update on Proposed Recreation Center Temporary Facilities and Operations Plan During New Recreation Center Construction
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction
8.2. Report on Fiscal Year 202223 4th Quarter Financial Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report
9. RESOLUTIONS FOR ADOPTION
9.1. A Resolution of the City Council of the City of Foster City Authorizing Contract Amendment No. 3 with Regional Government Services Authority (RGS) Increasing the Current Contract Amount in an Amount NottoExceed $57,000 and Extending Services for an Additional Six Months, From January 1, 2024 Through June 30, 2024 for the Levee Protection Planning and Improvements Project (CIP 327657) (CEQA Status: Environmental Impact Report was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012))
a) Staff Report
b) Action Adopt Resolution
9.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. Two (2) to the Agreement with Wilsey Ham in the Amount NottoExceed $75,647, Amending the Fee Schedule and Extending the Contract Term to December 31, 2024 for On Call Survey Support Services for the Levee Protection Planning and Improvements Project (CIP 327657) and Approving a Contingency of $10,000 for Contract Amendment No. 2 (CEQA Status: Environmental Impact Report was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012))
a) Staff Report
b) Action Adopt Resolution
9.3. A Resolution of the City Council of the City of Foster City Providing Authorization for a One Time Increase to City Manager Approval Authority Associated With Contract Change Order Thirty Seven (CCO 37), in an Amount Up to $50,000, as Necessary, in Order to Complete Change Work for the Levee Protection Planning and Improvements Project (CIP 327657) a) Staff Report
b) Action – Adopt Resolution
10. COMMUNICATIONS
10.1. City/District Warrants of Demands were Processed and Issued on October 12, 2023
a) Information Item Only
b) No Action Required
11. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
12. CLOSED SESSION
12.1. Conference With Legal Counsel—Existing Litigation (Paragraph (1) of subdivision (d) of Section 54956.9)
Daniel Strambi v. City of Foster City, State of California Workers’ Compensation Appeals Board, Case No. ADJ12075922
12.2. Report Out from Closed Session
13. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.
To Attend the Meeting in Person:
Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:
Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.
To Observe the Meeting via Teleconference/Video Conference:
To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.
Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Monday, November 06, 2023 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF
DIRECTORS
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Recognizing November 2023 as Native American Heritage Month
4.2. A Proclamation Recognizing November 2023 as Family Court Awareness Month
4.3. Presentation of Certificates to Inaugural Class of Civics Academy
5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.
Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.
This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.
6.1. City/EMID Regular Meeting Minutes of October 16, 2023
6.2. A Resolution of the City Council of the City of Foster City Reappointing Paul Norton as the Foster City Representative to the Board of Trustees of the San Mateo County Mosquito and Vector Control District to a Fouryear Term From January 1, 2024 Through December 31, 2027
a) Staff Report
b) Adopt Resolution
6.3. A Resolution of the City Council of the City of Foster City Repealing City Resolution No. 201550 and Changing the Candidate Statement Deposit Amount to $900 and Including All Language Translations as Required by Law a) Staff Report
b) Adopt Resolution
6.4. A Resolution of the City Council of the City of Foster City Recommending City Council Approving a Supplemental Appropriation of $60,000 from General Plan Maintenance Fund 128 to Account 12808384194251 for Consulting Services for Continued Assistance with Housing Element Certification and Implementation and Finding the Request Exempt from the California Environmental Quality Act Pursuant to CEQA Guideline Section 15061(B)(3) a) Staff Report
b) Adopt Resolution
6.5. A Resolution of the City Council of the City of Foster City Authorizing the Execution of a Task Order with BKF Engineers for OnCall Civil Engineering Services in the Amount of $144,868 to Provide Roadway Assessment, Design Services, and Bid/Construction Support for CIP 301716 Street Rehabilitation and Parks Pathway Restoration (20232024); Appropriation in the Amount of $678,247.48 from Fund 301 to the Existing Project Budget 30109107164251; and Finding the Approval Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15061(B) (3) and 15301(C)—Existing Facilities
a) Staff Report
b) Adopt Resolution
6.6. a) A Resolution of the City Council of the City of Foster City Authorizing the Submittal of Individual Grant Applications to the Department of Resources Recycling and Recovery (CalRecycle) for All Grant Programs for Which City of Foster City is Eligible and Authorizing the City Manager or His Designee to Execute All Grant Documents, Including but Not Limited to, Applications, Grant Agreements, Amendments and Requests for Payments for a Period of Five Years; and Finding Approval Exempt Under the California Environmental Quality Act (CEQA) Guidelines § 15061(B)(3); and
b) A Resolution of the City Council of the City of Foster City Authorizing the Appropriation of All Funding Received From the FY 20222023 Local Assistance Grant Program to Account Number 141091043142.51; and Finding Approval Exempt Under the California Environmental Quality Act (CEQA) Guidelines § 15061(B)(3)
c) Staff Report
d) Adopt Resolutions
6.7. a) A Resolution of the City Council of the City of Foster City Approving a Construction Services Agreement for CIP 405660 Water Tanks & Facilities Improvement Project and CIP 301690 Seismic Improvements at the Lagoon Pump Station with Manito Construction Inc. in the Amount of $4,353,252; Establishing Construction Contingencies for CIP 405660 and CIP 301690 in the Amounts of $640,000 and $13,000 Respectively; Authorizing Execution of Contract Amendment No. 4 with Consor, Inc. in the Amount of $121,270 for Construction Support Services for CIP 405660; Establishing a Contract Contingency in the Amount of $40,000 for CIP 405660 for the Professional Services Agreement with Consor Inc.; Appropriation of $100,000 from Fund 409 to CIP 405660; Substitution of $1 Million Dollars in Project Funding from Fund 405, with Funding from Fund 409; and Finding the Project Exempt from CEQA Under Section 15301(B); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving a Construction Services Agreement for CIP 405660 Water Tanks & Facilities Improvement Project and CIP 301690 Seismic Improvements at the Lagoon Pump Station with Manito Construction Inc. in the Amount of $4,353,252; Establishing Construction Contingencies for CIP 405660 and CIP 301690 in the Amounts of $640,000 and $13,000 Respectively; Authorizing Execution of Contract Amendment No. 4 with Consor, Inc. in the Amount of $121,270 for Construction Support Services for CIP 405660; Establishing a Contract Contingency in the Amount of $40,000 for CIP 405660 for the Professional Services Agreement with Consor Inc.; Appropriation of $100,000 from Fund 409 to CIP 405660; Substitution of $1 Million Dollars in Project Funding from Fund 405, with Funding from Fund 409; and Finding the Project Exempt from CEQA Under Section 15301(B) c) Staff Report
d) Adopt Resolutions
7. NEW BUSINESS
7.1. Consideration of Draft 2024 State Legislative Platform and Policy a) Staff Report
b) Action By Minute Order, Provide Policy Direction
8. REPORTS
8.1. Recreation Center Rebuild Project (CIP 301778) Update on Proposed Recreation Center Temporary Facilities and Operations Plan During New Recreation Center Construction
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction
8.2. Report on Fiscal Year 202223 4th Quarter Financial Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report
9. RESOLUTIONS FOR ADOPTION
9.1. A Resolution of the City Council of the City of Foster City Authorizing Contract Amendment No. 3 with Regional Government Services Authority (RGS) Increasing the Current Contract Amount in an Amount NottoExceed $57,000 and Extending Services for an Additional Six Months, From January 1, 2024 Through June 30, 2024 for the Levee Protection Planning and Improvements Project (CIP 327657) (CEQA Status: Environmental Impact Report was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012))
a) Staff Report
b) Action Adopt Resolution
9.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. Two (2) to the Agreement with Wilsey Ham in the Amount NottoExceed $75,647, Amending the Fee Schedule and Extending the Contract Term to December 31, 2024 for On Call Survey Support Services for the Levee Protection Planning and Improvements Project (CIP 327657) and Approving a Contingency of $10,000 for Contract Amendment No. 2 (CEQA Status: Environmental Impact Report was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012))
a) Staff Report
b) Action Adopt Resolution
9.3. A Resolution of the City Council of the City of Foster City Providing Authorization for a One Time Increase to City Manager Approval Authority Associated With Contract Change Order Thirty Seven (CCO 37), in an Amount Up to $50,000, as Necessary, in Order to Complete Change Work for the Levee Protection Planning and Improvements Project (CIP 327657) a) Staff Report
b) Action – Adopt Resolution
10. COMMUNICATIONS
10.1. City/District Warrants of Demands were Processed and Issued on October 12, 2023
a) Information Item Only
b) No Action Required
11. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
12. CLOSED SESSION
12.1. Conference With Legal Counsel—Existing Litigation (Paragraph (1) of subdivision (d) of Section 54956.9)
Daniel Strambi v. City of Foster City, State of California Workers’ Compensation Appeals Board, Case No. ADJ12075922
12.2. Report Out from Closed Session
13. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.
To Attend the Meeting in Person:
Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:
Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.
To Observe the Meeting via Teleconference/Video Conference:
To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.
Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Monday, November 06, 2023 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF
DIRECTORS
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Recognizing November 2023 as Native American Heritage Month
4.2. A Proclamation Recognizing November 2023 as Family Court Awareness Month
4.3. Presentation of Certificates to Inaugural Class of Civics Academy
5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.
Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.
This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.
6.1. City/EMID Regular Meeting Minutes of October 16, 2023
6.2. A Resolution of the City Council of the City of Foster City Reappointing Paul Norton as the Foster City Representative to the Board of Trustees of the San Mateo County Mosquito and Vector Control District to a Fouryear Term From January 1, 2024 Through December 31, 2027
a) Staff Report
b) Adopt Resolution
6.3. A Resolution of the City Council of the City of Foster City Repealing City Resolution No. 201550 and Changing the Candidate Statement Deposit Amount to $900 and Including All Language Translations as Required by Law a) Staff Report
b) Adopt Resolution
6.4. A Resolution of the City Council of the City of Foster City Recommending City Council Approving a Supplemental Appropriation of $60,000 from General Plan Maintenance Fund 128 to Account 12808384194251 for Consulting Services for Continued Assistance with Housing Element Certification and Implementation and Finding the Request Exempt from the California Environmental Quality Act Pursuant to CEQA Guideline Section 15061(B)(3) a) Staff Report
b) Adopt Resolution
6.5. A Resolution of the City Council of the City of Foster City Authorizing the Execution of a Task Order with BKF Engineers for OnCall Civil Engineering Services in the Amount of $144,868 to Provide Roadway Assessment, Design Services, and Bid/Construction Support for CIP 301716 Street Rehabilitation and Parks Pathway Restoration (20232024); Appropriation in the Amount of $678,247.48 from Fund 301 to the Existing Project Budget 30109107164251; and Finding the Approval Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15061(B) (3) and 15301(C)—Existing Facilities
a) Staff Report
b) Adopt Resolution
6.6. a) A Resolution of the City Council of the City of Foster City Authorizing the Submittal of Individual Grant Applications to the Department of Resources Recycling and Recovery (CalRecycle) for All Grant Programs for Which City of Foster City is Eligible and Authorizing the City Manager or His Designee to Execute All Grant Documents, Including but Not Limited to, Applications, Grant Agreements, Amendments and Requests for Payments for a Period of Five Years; and Finding Approval Exempt Under the California Environmental Quality Act (CEQA) Guidelines § 15061(B)(3); and
b) A Resolution of the City Council of the City of Foster City Authorizing the Appropriation of All Funding Received From the FY 20222023 Local Assistance Grant Program to Account Number 141091043142.51; and Finding Approval Exempt Under the California Environmental Quality Act (CEQA) Guidelines § 15061(B)(3)
c) Staff Report
d) Adopt Resolutions
6.7. a) A Resolution of the City Council of the City of Foster City Approving a Construction Services Agreement for CIP 405660 Water Tanks & Facilities Improvement Project and CIP 301690 Seismic Improvements at the Lagoon Pump Station with Manito Construction Inc. in the Amount of $4,353,252; Establishing Construction Contingencies for CIP 405660 and CIP 301690 in the Amounts of $640,000 and $13,000 Respectively; Authorizing Execution of Contract Amendment No. 4 with Consor, Inc. in the Amount of $121,270 for Construction Support Services for CIP 405660; Establishing a Contract Contingency in the Amount of $40,000 for CIP 405660 for the Professional Services Agreement with Consor Inc.; Appropriation of $100,000 from Fund 409 to CIP 405660; Substitution of $1 Million Dollars in Project Funding from Fund 405, with Funding from Fund 409; and Finding the Project Exempt from CEQA Under Section 15301(B); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving a Construction Services Agreement for CIP 405660 Water Tanks & Facilities Improvement Project and CIP 301690 Seismic Improvements at the Lagoon Pump Station with Manito Construction Inc. in the Amount of $4,353,252; Establishing Construction Contingencies for CIP 405660 and CIP 301690 in the Amounts of $640,000 and $13,000 Respectively; Authorizing Execution of Contract Amendment No. 4 with Consor, Inc. in the Amount of $121,270 for Construction Support Services for CIP 405660; Establishing a Contract Contingency in the Amount of $40,000 for CIP 405660 for the Professional Services Agreement with Consor Inc.; Appropriation of $100,000 from Fund 409 to CIP 405660; Substitution of $1 Million Dollars in Project Funding from Fund 405, with Funding from Fund 409; and Finding the Project Exempt from CEQA Under Section 15301(B) c) Staff Report
d) Adopt Resolutions
7. NEW BUSINESS
7.1. Consideration of Draft 2024 State Legislative Platform and Policy a) Staff Report
b) Action By Minute Order, Provide Policy Direction
8. REPORTS
8.1. Recreation Center Rebuild Project (CIP 301778) Update on Proposed Recreation Center Temporary Facilities and Operations Plan During New Recreation Center Construction
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction
8.2. Report on Fiscal Year 202223 4th Quarter Financial Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report
9. RESOLUTIONS FOR ADOPTION
9.1. A Resolution of the City Council of the City of Foster City Authorizing Contract Amendment No. 3 with Regional Government Services Authority (RGS) Increasing the Current Contract Amount in an Amount NottoExceed $57,000 and Extending Services for an Additional Six Months, From January 1, 2024 Through June 30, 2024 for the Levee Protection Planning and Improvements Project (CIP 327657) (CEQA Status: Environmental Impact Report was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012))
a) Staff Report
b) Action Adopt Resolution
9.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. Two (2) to the Agreement with Wilsey Ham in the Amount NottoExceed $75,647, Amending the Fee Schedule and Extending the Contract Term to December 31, 2024 for On Call Survey Support Services for the Levee Protection Planning and Improvements Project (CIP 327657) and Approving a Contingency of $10,000 for Contract Amendment No. 2 (CEQA Status: Environmental Impact Report was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012))
a) Staff Report
b) Action Adopt Resolution
9.3. A Resolution of the City Council of the City of Foster City Providing Authorization for a One Time Increase to City Manager Approval Authority Associated With Contract Change Order Thirty Seven (CCO 37), in an Amount Up to $50,000, as Necessary, in Order to Complete Change Work for the Levee Protection Planning and Improvements Project (CIP 327657) a) Staff Report
b) Action – Adopt Resolution
10. COMMUNICATIONS
10.1. City/District Warrants of Demands were Processed and Issued on October 12, 2023
a) Information Item Only
b) No Action Required
11. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
12. CLOSED SESSION
12.1. Conference With Legal Counsel—Existing Litigation (Paragraph (1) of subdivision (d) of Section 54956.9)
Daniel Strambi v. City of Foster City, State of California Workers’ Compensation Appeals Board, Case No. ADJ12075922
12.2. Report Out from Closed Session
13. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.
To Attend the Meeting in Person:
Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:
Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.
To Observe the Meeting via Teleconference/Video Conference:
To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.
Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Monday, November 06, 2023 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF
DIRECTORS
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Recognizing November 2023 as Native American Heritage Month
4.2. A Proclamation Recognizing November 2023 as Family Court Awareness Month
4.3. Presentation of Certificates to Inaugural Class of Civics Academy
5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.
Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.
This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.
6.1. City/EMID Regular Meeting Minutes of October 16, 2023
6.2. A Resolution of the City Council of the City of Foster City Reappointing Paul Norton as the Foster City Representative to the Board of Trustees of the San Mateo County Mosquito and Vector Control District to a Fouryear Term From January 1, 2024 Through December 31, 2027
a) Staff Report
b) Adopt Resolution
6.3. A Resolution of the City Council of the City of Foster City Repealing City Resolution No. 201550 and Changing the Candidate Statement Deposit Amount to $900 and Including All Language Translations as Required by Law a) Staff Report
b) Adopt Resolution
6.4. A Resolution of the City Council of the City of Foster City Recommending City Council Approving a Supplemental Appropriation of $60,000 from General Plan Maintenance Fund 128 to Account 12808384194251 for Consulting Services for Continued Assistance with Housing Element Certification and Implementation and Finding the Request Exempt from the California Environmental Quality Act Pursuant to CEQA Guideline Section 15061(B)(3) a) Staff Report
b) Adopt Resolution
6.5. A Resolution of the City Council of the City of Foster City Authorizing the Execution of a Task Order with BKF Engineers for OnCall Civil Engineering Services in the Amount of $144,868 to Provide Roadway Assessment, Design Services, and Bid/Construction Support for CIP 301716 Street Rehabilitation and Parks Pathway Restoration (20232024); Appropriation in the Amount of $678,247.48 from Fund 301 to the Existing Project Budget 30109107164251; and Finding the Approval Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15061(B) (3) and 15301(C)—Existing Facilities
a) Staff Report
b) Adopt Resolution
6.6. a) A Resolution of the City Council of the City of Foster City Authorizing the Submittal of Individual Grant Applications to the Department of Resources Recycling and Recovery (CalRecycle) for All Grant Programs for Which City of Foster City is Eligible and Authorizing the City Manager or His Designee to Execute All Grant Documents, Including but Not Limited to, Applications, Grant Agreements, Amendments and Requests for Payments for a Period of Five Years; and Finding Approval Exempt Under the California Environmental Quality Act (CEQA) Guidelines § 15061(B)(3); and
b) A Resolution of the City Council of the City of Foster City Authorizing the Appropriation of All Funding Received From the FY 20222023 Local Assistance Grant Program to Account Number 141091043142.51; and Finding Approval Exempt Under the California Environmental Quality Act (CEQA) Guidelines § 15061(B)(3)
c) Staff Report
d) Adopt Resolutions
6.7. a) A Resolution of the City Council of the City of Foster City Approving a Construction Services Agreement for CIP 405660 Water Tanks & Facilities Improvement Project and CIP 301690 Seismic Improvements at the Lagoon Pump Station with Manito Construction Inc. in the Amount of $4,353,252; Establishing Construction Contingencies for CIP 405660 and CIP 301690 in the Amounts of $640,000 and $13,000 Respectively; Authorizing Execution of Contract Amendment No. 4 with Consor, Inc. in the Amount of $121,270 for Construction Support Services for CIP 405660; Establishing a Contract Contingency in the Amount of $40,000 for CIP 405660 for the Professional Services Agreement with Consor Inc.; Appropriation of $100,000 from Fund 409 to CIP 405660; Substitution of $1 Million Dollars in Project Funding from Fund 405, with Funding from Fund 409; and Finding the Project Exempt from CEQA Under Section 15301(B); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving a Construction Services Agreement for CIP 405660 Water Tanks & Facilities Improvement Project and CIP 301690 Seismic Improvements at the Lagoon Pump Station with Manito Construction Inc. in the Amount of $4,353,252; Establishing Construction Contingencies for CIP 405660 and CIP 301690 in the Amounts of $640,000 and $13,000 Respectively; Authorizing Execution of Contract Amendment No. 4 with Consor, Inc. in the Amount of $121,270 for Construction Support Services for CIP 405660; Establishing a Contract Contingency in the Amount of $40,000 for CIP 405660 for the Professional Services Agreement with Consor Inc.; Appropriation of $100,000 from Fund 409 to CIP 405660; Substitution of $1 Million Dollars in Project Funding from Fund 405, with Funding from Fund 409; and Finding the Project Exempt from CEQA Under Section 15301(B) c) Staff Report
d) Adopt Resolutions
7. NEW BUSINESS
7.1. Consideration of Draft 2024 State Legislative Platform and Policy a) Staff Report
b) Action By Minute Order, Provide Policy Direction
8. REPORTS
8.1. Recreation Center Rebuild Project (CIP 301778) Update on Proposed Recreation Center Temporary Facilities and Operations Plan During New Recreation Center Construction
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction
8.2. Report on Fiscal Year 202223 4th Quarter Financial Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report
9. RESOLUTIONS FOR ADOPTION
9.1. A Resolution of the City Council of the City of Foster City Authorizing Contract Amendment No. 3 with Regional Government Services Authority (RGS) Increasing the Current Contract Amount in an Amount NottoExceed $57,000 and Extending Services for an Additional Six Months, From January 1, 2024 Through June 30, 2024 for the Levee Protection Planning and Improvements Project (CIP 327657) (CEQA Status: Environmental Impact Report was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012))
a) Staff Report
b) Action Adopt Resolution
9.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. Two (2) to the Agreement with Wilsey Ham in the Amount NottoExceed $75,647, Amending the Fee Schedule and Extending the Contract Term to December 31, 2024 for On Call Survey Support Services for the Levee Protection Planning and Improvements Project (CIP 327657) and Approving a Contingency of $10,000 for Contract Amendment No. 2 (CEQA Status: Environmental Impact Report was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012))
a) Staff Report
b) Action Adopt Resolution
9.3. A Resolution of the City Council of the City of Foster City Providing Authorization for a One Time Increase to City Manager Approval Authority Associated With Contract Change Order Thirty Seven (CCO 37), in an Amount Up to $50,000, as Necessary, in Order to Complete Change Work for the Levee Protection Planning and Improvements Project (CIP 327657) a) Staff Report
b) Action – Adopt Resolution
10. COMMUNICATIONS
10.1. City/District Warrants of Demands were Processed and Issued on October 12, 2023
a) Information Item Only
b) No Action Required
11. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
12. CLOSED SESSION
12.1. Conference With Legal Counsel—Existing Litigation (Paragraph (1) of subdivision (d) of Section 54956.9)
Daniel Strambi v. City of Foster City, State of California Workers’ Compensation Appeals Board, Case No. ADJ12075922
12.2. Report Out from Closed Session
13. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.
To Attend the Meeting in Person:
Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:
Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.
To Observe the Meeting via Teleconference/Video Conference:
To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.
Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Monday, November 06, 2023 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF
DIRECTORS
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Recognizing November 2023 as Native American Heritage Month
4.2. A Proclamation Recognizing November 2023 as Family Court Awareness Month
4.3. Presentation of Certificates to Inaugural Class of Civics Academy
5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.
Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.
This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.
6.1. City/EMID Regular Meeting Minutes of October 16, 2023
6.2. A Resolution of the City Council of the City of Foster City Reappointing Paul Norton as the Foster City Representative to the Board of Trustees of the San Mateo County Mosquito and Vector Control District to a Fouryear Term From January 1, 2024 Through December 31, 2027
a) Staff Report
b) Adopt Resolution
6.3. A Resolution of the City Council of the City of Foster City Repealing City Resolution No. 201550 and Changing the Candidate Statement Deposit Amount to $900 and Including All Language Translations as Required by Law a) Staff Report
b) Adopt Resolution
6.4. A Resolution of the City Council of the City of Foster City Recommending City Council Approving a Supplemental Appropriation of $60,000 from General Plan Maintenance Fund 128 to Account 12808384194251 for Consulting Services for Continued Assistance with Housing Element Certification and Implementation and Finding the Request Exempt from the California Environmental Quality Act Pursuant to CEQA Guideline Section 15061(B)(3) a) Staff Report
b) Adopt Resolution
6.5. A Resolution of the City Council of the City of Foster City Authorizing the Execution of a Task Order with BKF Engineers for OnCall Civil Engineering Services in the Amount of $144,868 to Provide Roadway Assessment, Design Services, and Bid/Construction Support for CIP 301716 Street Rehabilitation and Parks Pathway Restoration (20232024); Appropriation in the Amount of $678,247.48 from Fund 301 to the Existing Project Budget 30109107164251; and Finding the Approval Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15061(B) (3) and 15301(C)—Existing Facilities
a) Staff Report
b) Adopt Resolution
6.6. a) A Resolution of the City Council of the City of Foster City Authorizing the Submittal of Individual Grant Applications to the Department of Resources Recycling and Recovery (CalRecycle) for All Grant Programs for Which City of Foster City is Eligible and Authorizing the City Manager or His Designee to Execute All Grant Documents, Including but Not Limited to, Applications, Grant Agreements, Amendments and Requests for Payments for a Period of Five Years; and Finding Approval Exempt Under the California Environmental Quality Act (CEQA) Guidelines § 15061(B)(3); and
b) A Resolution of the City Council of the City of Foster City Authorizing the Appropriation of All Funding Received From the FY 20222023 Local Assistance Grant Program to Account Number 141091043142.51; and Finding Approval Exempt Under the California Environmental Quality Act (CEQA) Guidelines § 15061(B)(3)
c) Staff Report
d) Adopt Resolutions
6.7. a) A Resolution of the City Council of the City of Foster City Approving a Construction Services Agreement for CIP 405660 Water Tanks & Facilities Improvement Project and CIP 301690 Seismic Improvements at the Lagoon Pump Station with Manito Construction Inc. in the Amount of $4,353,252; Establishing Construction Contingencies for CIP 405660 and CIP 301690 in the Amounts of $640,000 and $13,000 Respectively; Authorizing Execution of Contract Amendment No. 4 with Consor, Inc. in the Amount of $121,270 for Construction Support Services for CIP 405660; Establishing a Contract Contingency in the Amount of $40,000 for CIP 405660 for the Professional Services Agreement with Consor Inc.; Appropriation of $100,000 from Fund 409 to CIP 405660; Substitution of $1 Million Dollars in Project Funding from Fund 405, with Funding from Fund 409; and Finding the Project Exempt from CEQA Under Section 15301(B); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving a Construction Services Agreement for CIP 405660 Water Tanks & Facilities Improvement Project and CIP 301690 Seismic Improvements at the Lagoon Pump Station with Manito Construction Inc. in the Amount of $4,353,252; Establishing Construction Contingencies for CIP 405660 and CIP 301690 in the Amounts of $640,000 and $13,000 Respectively; Authorizing Execution of Contract Amendment No. 4 with Consor, Inc. in the Amount of $121,270 for Construction Support Services for CIP 405660; Establishing a Contract Contingency in the Amount of $40,000 for CIP 405660 for the Professional Services Agreement with Consor Inc.; Appropriation of $100,000 from Fund 409 to CIP 405660; Substitution of $1 Million Dollars in Project Funding from Fund 405, with Funding from Fund 409; and Finding the Project Exempt from CEQA Under Section 15301(B) c) Staff Report
d) Adopt Resolutions
7. NEW BUSINESS
7.1. Consideration of Draft 2024 State Legislative Platform and Policy a) Staff Report
b) Action By Minute Order, Provide Policy Direction
8. REPORTS
8.1. Recreation Center Rebuild Project (CIP 301778) Update on Proposed Recreation Center Temporary Facilities and Operations Plan During New Recreation Center Construction
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction
8.2. Report on Fiscal Year 202223 4th Quarter Financial Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report
9. RESOLUTIONS FOR ADOPTION
9.1. A Resolution of the City Council of the City of Foster City Authorizing Contract Amendment No. 3 with Regional Government Services Authority (RGS) Increasing the Current Contract Amount in an Amount NottoExceed $57,000 and Extending Services for an Additional Six Months, From January 1, 2024 Through June 30, 2024 for the Levee Protection Planning and Improvements Project (CIP 327657) (CEQA Status: Environmental Impact Report was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012))
a) Staff Report
b) Action Adopt Resolution
9.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. Two (2) to the Agreement with Wilsey Ham in the Amount NottoExceed $75,647, Amending the Fee Schedule and Extending the Contract Term to December 31, 2024 for On Call Survey Support Services for the Levee Protection Planning and Improvements Project (CIP 327657) and Approving a Contingency of $10,000 for Contract Amendment No. 2 (CEQA Status: Environmental Impact Report was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012))
a) Staff Report
b) Action Adopt Resolution
9.3. A Resolution of the City Council of the City of Foster City Providing Authorization for a One Time Increase to City Manager Approval Authority Associated With Contract Change Order Thirty Seven (CCO 37), in an Amount Up to $50,000, as Necessary, in Order to Complete Change Work for the Levee Protection Planning and Improvements Project (CIP 327657) a) Staff Report
b) Action – Adopt Resolution
10. COMMUNICATIONS
10.1. City/District Warrants of Demands were Processed and Issued on October 12, 2023
a) Information Item Only
b) No Action Required
11. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
12. CLOSED SESSION
12.1. Conference With Legal Counsel—Existing Litigation (Paragraph (1) of subdivision (d) of Section 54956.9)
Daniel Strambi v. City of Foster City, State of California Workers’ Compensation Appeals Board, Case No. ADJ12075922
12.2. Report Out from Closed Session
13. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.
To Attend the Meeting in Person:
Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:
Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.
To Observe the Meeting via Teleconference/Video Conference:
To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.
Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Monday, November 06, 2023 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF
DIRECTORS
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Recognizing November 2023 as Native American Heritage Month
4.2. A Proclamation Recognizing November 2023 as Family Court Awareness Month
4.3. Presentation of Certificates to Inaugural Class of Civics Academy
5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.
Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.
This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.
6.1. City/EMID Regular Meeting Minutes of October 16, 2023
6.2. A Resolution of the City Council of the City of Foster City Reappointing Paul Norton as the Foster City Representative to the Board of Trustees of the San Mateo County Mosquito and Vector Control District to a Fouryear Term From January 1, 2024 Through December 31, 2027
a) Staff Report
b) Adopt Resolution
6.3. A Resolution of the City Council of the City of Foster City Repealing City Resolution No. 201550 and Changing the Candidate Statement Deposit Amount to $900 and Including All Language Translations as Required by Law a) Staff Report
b) Adopt Resolution
6.4. A Resolution of the City Council of the City of Foster City Recommending City Council Approving a Supplemental Appropriation of $60,000 from General Plan Maintenance Fund 128 to Account 12808384194251 for Consulting Services for Continued Assistance with Housing Element Certification and Implementation and Finding the Request Exempt from the California Environmental Quality Act Pursuant to CEQA Guideline Section 15061(B)(3) a) Staff Report
b) Adopt Resolution
6.5. A Resolution of the City Council of the City of Foster City Authorizing the Execution of a Task Order with BKF Engineers for OnCall Civil Engineering Services in the Amount of $144,868 to Provide Roadway Assessment, Design Services, and Bid/Construction Support for CIP 301716 Street Rehabilitation and Parks Pathway Restoration (20232024); Appropriation in the Amount of $678,247.48 from Fund 301 to the Existing Project Budget 30109107164251; and Finding the Approval Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15061(B) (3) and 15301(C)—Existing Facilities
a) Staff Report
b) Adopt Resolution
6.6. a) A Resolution of the City Council of the City of Foster City Authorizing the Submittal of Individual Grant Applications to the Department of Resources Recycling and Recovery (CalRecycle) for All Grant Programs for Which City of Foster City is Eligible and Authorizing the City Manager or His Designee to Execute All Grant Documents, Including but Not Limited to, Applications, Grant Agreements, Amendments and Requests for Payments for a Period of Five Years; and Finding Approval Exempt Under the California Environmental Quality Act (CEQA) Guidelines § 15061(B)(3); and
b) A Resolution of the City Council of the City of Foster City Authorizing the Appropriation of All Funding Received From the FY 20222023 Local Assistance Grant Program to Account Number 141091043142.51; and Finding Approval Exempt Under the California Environmental Quality Act (CEQA) Guidelines § 15061(B)(3)
c) Staff Report
d) Adopt Resolutions
6.7. a) A Resolution of the City Council of the City of Foster City Approving a Construction Services Agreement for CIP 405660 Water Tanks & Facilities Improvement Project and CIP 301690 Seismic Improvements at the Lagoon Pump Station with Manito Construction Inc. in the Amount of $4,353,252; Establishing Construction Contingencies for CIP 405660 and CIP 301690 in the Amounts of $640,000 and $13,000 Respectively; Authorizing Execution of Contract Amendment No. 4 with Consor, Inc. in the Amount of $121,270 for Construction Support Services for CIP 405660; Establishing a Contract Contingency in the Amount of $40,000 for CIP 405660 for the Professional Services Agreement with Consor Inc.; Appropriation of $100,000 from Fund 409 to CIP 405660; Substitution of $1 Million Dollars in Project Funding from Fund 405, with Funding from Fund 409; and Finding the Project Exempt from CEQA Under Section 15301(B); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving a Construction Services Agreement for CIP 405660 Water Tanks & Facilities Improvement Project and CIP 301690 Seismic Improvements at the Lagoon Pump Station with Manito Construction Inc. in the Amount of $4,353,252; Establishing Construction Contingencies for CIP 405660 and CIP 301690 in the Amounts of $640,000 and $13,000 Respectively; Authorizing Execution of Contract Amendment No. 4 with Consor, Inc. in the Amount of $121,270 for Construction Support Services for CIP 405660; Establishing a Contract Contingency in the Amount of $40,000 for CIP 405660 for the Professional Services Agreement with Consor Inc.; Appropriation of $100,000 from Fund 409 to CIP 405660; Substitution of $1 Million Dollars in Project Funding from Fund 405, with Funding from Fund 409; and Finding the Project Exempt from CEQA Under Section 15301(B) c) Staff Report
d) Adopt Resolutions
7. NEW BUSINESS
7.1. Consideration of Draft 2024 State Legislative Platform and Policy a) Staff Report
b) Action By Minute Order, Provide Policy Direction
8. REPORTS
8.1. Recreation Center Rebuild Project (CIP 301778) Update on Proposed Recreation Center Temporary Facilities and Operations Plan During New Recreation Center Construction
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction
8.2. Report on Fiscal Year 202223 4th Quarter Financial Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report
9. RESOLUTIONS FOR ADOPTION
9.1. A Resolution of the City Council of the City of Foster City Authorizing Contract Amendment No. 3 with Regional Government Services Authority (RGS) Increasing the Current Contract Amount in an Amount NottoExceed $57,000 and Extending Services for an Additional Six Months, From January 1, 2024 Through June 30, 2024 for the Levee Protection Planning and Improvements Project (CIP 327657) (CEQA Status: Environmental Impact Report was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012))
a) Staff Report
b) Action Adopt Resolution
9.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. Two (2) to the Agreement with Wilsey Ham in the Amount NottoExceed $75,647, Amending the Fee Schedule and Extending the Contract Term to December 31, 2024 for On Call Survey Support Services for the Levee Protection Planning and Improvements Project (CIP 327657) and Approving a Contingency of $10,000 for Contract Amendment No. 2 (CEQA Status: Environmental Impact Report was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012))
a) Staff Report
b) Action Adopt Resolution
9.3. A Resolution of the City Council of the City of Foster City Providing Authorization for a One Time Increase to City Manager Approval Authority Associated With Contract Change Order Thirty Seven (CCO 37), in an Amount Up to $50,000, as Necessary, in Order to Complete Change Work for the Levee Protection Planning and Improvements Project (CIP 327657) a) Staff Report
b) Action – Adopt Resolution
10. COMMUNICATIONS
10.1. City/District Warrants of Demands were Processed and Issued on October 12, 2023
a) Information Item Only
b) No Action Required
11. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
12. CLOSED SESSION
12.1. Conference With Legal Counsel—Existing Litigation (Paragraph (1) of subdivision (d) of Section 54956.9)
Daniel Strambi v. City of Foster City, State of California Workers’ Compensation Appeals Board, Case No. ADJ12075922
12.2. Report Out from Closed Session
13. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes
CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.
To Attend the Meeting in Person:
Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:
Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.
To Observe the Meeting via Teleconference/Video Conference:
To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.
Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Monday, November 06, 2023 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF
DIRECTORS
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Recognizing November 2023 as Native American Heritage Month
4.2. A Proclamation Recognizing November 2023 as Family Court Awareness Month
4.3. Presentation of Certificates to Inaugural Class of Civics Academy
5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.
Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.
This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.
6.1. City/EMID Regular Meeting Minutes of October 16, 2023
6.2. A Resolution of the City Council of the City of Foster City Reappointing Paul Norton as the Foster City Representative to the Board of Trustees of the San Mateo County Mosquito and Vector Control District to a Fouryear Term From January 1, 2024 Through December 31, 2027
a) Staff Report
b) Adopt Resolution
6.3. A Resolution of the City Council of the City of Foster City Repealing City Resolution No. 201550 and Changing the Candidate Statement Deposit Amount to $900 and Including All Language Translations as Required by Law a) Staff Report
b) Adopt Resolution
6.4. A Resolution of the City Council of the City of Foster City Recommending City Council Approving a Supplemental Appropriation of $60,000 from General Plan Maintenance Fund 128 to Account 12808384194251 for Consulting Services for Continued Assistance with Housing Element Certification and Implementation and Finding the Request Exempt from the California Environmental Quality Act Pursuant to CEQA Guideline Section 15061(B)(3) a) Staff Report
b) Adopt Resolution
6.5. A Resolution of the City Council of the City of Foster City Authorizing the Execution of a Task Order with BKF Engineers for OnCall Civil Engineering Services in the Amount of $144,868 to Provide Roadway Assessment, Design Services, and Bid/Construction Support for CIP 301716 Street Rehabilitation and Parks Pathway Restoration (20232024); Appropriation in the Amount of $678,247.48 from Fund 301 to the Existing Project Budget 30109107164251; and Finding the Approval Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15061(B) (3) and 15301(C)—Existing Facilities
a) Staff Report
b) Adopt Resolution
6.6. a) A Resolution of the City Council of the City of Foster City Authorizing the Submittal of Individual Grant Applications to the Department of Resources Recycling and Recovery (CalRecycle) for All Grant Programs for Which City of Foster City is Eligible and Authorizing the City Manager or His Designee to Execute All Grant Documents, Including but Not Limited to, Applications, Grant Agreements, Amendments and Requests for Payments for a Period of Five Years; and Finding Approval Exempt Under the California Environmental Quality Act (CEQA) Guidelines § 15061(B)(3); and
b) A Resolution of the City Council of the City of Foster City Authorizing the Appropriation of All Funding Received From the FY 20222023 Local Assistance Grant Program to Account Number 141091043142.51; and Finding Approval Exempt Under the California Environmental Quality Act (CEQA) Guidelines § 15061(B)(3)
c) Staff Report
d) Adopt Resolutions
6.7. a) A Resolution of the City Council of the City of Foster City Approving a Construction Services Agreement for CIP 405660 Water Tanks & Facilities Improvement Project and CIP 301690 Seismic Improvements at the Lagoon Pump Station with Manito Construction Inc. in the Amount of $4,353,252; Establishing Construction Contingencies for CIP 405660 and CIP 301690 in the Amounts of $640,000 and $13,000 Respectively; Authorizing Execution of Contract Amendment No. 4 with Consor, Inc. in the Amount of $121,270 for Construction Support Services for CIP 405660; Establishing a Contract Contingency in the Amount of $40,000 for CIP 405660 for the Professional Services Agreement with Consor Inc.; Appropriation of $100,000 from Fund 409 to CIP 405660; Substitution of $1 Million Dollars in Project Funding from Fund 405, with Funding from Fund 409; and Finding the Project Exempt from CEQA Under Section 15301(B); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving a Construction Services Agreement for CIP 405660 Water Tanks & Facilities Improvement Project and CIP 301690 Seismic Improvements at the Lagoon Pump Station with Manito Construction Inc. in the Amount of $4,353,252; Establishing Construction Contingencies for CIP 405660 and CIP 301690 in the Amounts of $640,000 and $13,000 Respectively; Authorizing Execution of Contract Amendment No. 4 with Consor, Inc. in the Amount of $121,270 for Construction Support Services for CIP 405660; Establishing a Contract Contingency in the Amount of $40,000 for CIP 405660 for the Professional Services Agreement with Consor Inc.; Appropriation of $100,000 from Fund 409 to CIP 405660; Substitution of $1 Million Dollars in Project Funding from Fund 405, with Funding from Fund 409; and Finding the Project Exempt from CEQA Under Section 15301(B) c) Staff Report
d) Adopt Resolutions
7. NEW BUSINESS
7.1. Consideration of Draft 2024 State Legislative Platform and Policy a) Staff Report
b) Action By Minute Order, Provide Policy Direction
8. REPORTS
8.1. Recreation Center Rebuild Project (CIP 301778) Update on Proposed Recreation Center Temporary Facilities and Operations Plan During New Recreation Center Construction
a) Staff Report
b) Action By Minute Order, Receive and Accept Report and Provide Policy Direction
8.2. Report on Fiscal Year 202223 4th Quarter Financial Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report
9. RESOLUTIONS FOR ADOPTION
9.1. A Resolution of the City Council of the City of Foster City Authorizing Contract Amendment No. 3 with Regional Government Services Authority (RGS) Increasing the Current Contract Amount in an Amount NottoExceed $57,000 and Extending Services for an Additional Six Months, From January 1, 2024 Through June 30, 2024 for the Levee Protection Planning and Improvements Project (CIP 327657) (CEQA Status: Environmental Impact Report was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012))
a) Staff Report
b) Action Adopt Resolution
9.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. Two (2) to the Agreement with Wilsey Ham in the Amount NottoExceed $75,647, Amending the Fee Schedule and Extending the Contract Term to December 31, 2024 for On Call Survey Support Services for the Levee Protection Planning and Improvements Project (CIP 327657) and Approving a Contingency of $10,000 for Contract Amendment No. 2 (CEQA Status: Environmental Impact Report was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012))
a) Staff Report
b) Action Adopt Resolution
9.3. A Resolution of the City Council of the City of Foster City Providing Authorization for a One Time Increase to City Manager Approval Authority Associated With Contract Change Order Thirty Seven (CCO 37), in an Amount Up to $50,000, as Necessary, in Order to Complete Change Work for the Levee Protection Planning and Improvements Project (CIP 327657) a) Staff Report
b) Action – Adopt Resolution
10. COMMUNICATIONS
10.1. City/District Warrants of Demands were Processed and Issued on October 12, 2023
a) Information Item Only
b) No Action Required
11. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
12. CLOSED SESSION
12.1. Conference With Legal Counsel—Existing Litigation (Paragraph (1) of subdivision (d) of Section 54956.9)
Daniel Strambi v. City of Foster City, State of California Workers’ Compensation Appeals Board, Case No. ADJ12075922
12.2. Report Out from Closed Session
13. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:
STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes