CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF November 6, 2023
MINUTES
CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of November 6, 2023 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6: 30 p.m. by Mayor/President Froomin.
This meeting was held as a hybrid meeting.
ROLL CALL
The Communications Director/City Clerk/Recording Secretary called the roll:
PRESENT:
Councilmembers/ex officio Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin.
ABSENT: None.
STAFF PRESENT: Stefan Chatwin , City/District Manager ; Benjamin Stock , City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Sofia Mangalam, Community Development Director; Edmund Suen, Finance Director; Diane Pitman, Administrative Services Director; Derek Schweigart, Parks and Recreation Director; Sofia Mangalam, Community Development Director; Andrew
Brozyna, Public Works Director; Tracy Avelar , Police Chief ; Rob Lasky, IT Manager; Laura Galli, Engineering Manager; Tiffany Oren, Recreation Manager; Francine Magno, Senior Civil Engineer; Ryan Marquez, Senior Civil Engineer; Austin Walsh, Communications Manager; Katherine Mendoza, Deputy City Clerk; Shuli Chen, Video Technician; and Communications Director/City Clerk, Priscilla Schaus.
SPECIAL PRESENTATIONS
PROCLAMATION RECOGNIZING NOVEMBER 2023 AS “ NATIVE AMERICAN HERITAGE MONTH.”
Councilmember Kiesel presented the proclamation recognizing November 2023 as “Native American Heritage Month.”
PROCLAMATION RECOGNIZING NOVEMBER 2023 AS “ FAMILY COURT AWARENESS MONTH.”
Councilmember Jimenez presented the proclamation recognizing November 2023 as “Family Court Awareness Month” to Joan, Family Court Awareness Month Advocate.
PRESENTATION OF CERTIFICATES TO INAUGURAL CLASS OF CIVICS ACADEMY.
Mayor Froomin presented the Certificates of Recognition to the Inaugural Class of Civics Academy.
PUBLIC
The following people addressed the City Council via email:
1. Shankar Kenkre addressed the City Council regarding current world issues.
2. Sam Hindi addressed the City Council regarding current world issues.
CONSENT CALENDAR
Motion by Vice Mayor/Vice President Sullivan, seconded by Councilmember/Director Hindi, and carried unanimously, 5-0-0, approving the following items on the City/District Consent Calendar:
City/EMID Consent Calendar
1. City/EMID Regular Meeting Minutes of October 16, 2023;
2. City Resolution No. 2023- 101, “ 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 Four-Year Term From January 1, 2024 Through December 31, 2027;”
3. City Resolution No. 2023- 102, “A Resolution of the City Council of the City of Foster City Repealing City Resolution No. 2015- 50 and Changing the Candidate Statement Deposit Amount to $900 and Including All Language Translations as Required by Law;”
4. City Resolution No. 2023- 103, “ A Resolution of the City Council of the City of Foster City Authorizing the Execution of a Task Order with BKF Engineers for On- Call Civil Engineering Services in the Amount of $144,868 to Provide Roadway Assessment, Design Services, and Bid/Construction Support for CIP 301- 716 Street Rehabilitation and Parks Pathway Restoration (2023- 2024); Appropriation in the Amount of $678,247.48 from Fund 301 to the Existing Project Budget 301- 0910-716-4251; and Finding the Approval Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines §15061(B)(3) and 15301(C)—Existing Facilities;”
5. City Resolution No. 2023- 104, “ 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 Year s; and Finding Approval E xempt Under the California Environmental Quality Act (CEQA) Guidelines § 15061(B)(3);”
6. City Resolution No. 2023- 105, “ A Resolution of the City Council of the City of Foster City Authorizing the Appropriation of All Funding Received From the FY 2022-2023 Local Assistance Grant Program to Account Number 141- 0910-431-
42.51; and Finding Approval Exempt Under the California Environmental Quality Act (CEQA) Guidelines § 15061(B)(3);”
7. City Resolution No.2023-106, “A Resolution of the City Council of the City of Foster City Approving a Construction Services Agreement for CIP 405- 660 Water Tanks & Facilities Improvement Project and CIP 301- 690 Seismic Improvements at the Lagoon Pump Station with Manito Construction Inc. in the Amount of $4,353,252; Establishing Construction Contingencies for CIP 405-660 and CIP 301-690 in the Amounts of $640,000 and $13,000 Respectively; Authorizing Execution of Contract Amendment No. 4 with Consor, Inc. i n the Amount of $121,270 for Construction Support Services for CIP 405- 660; Establishing a Contract Contingency in the Amount of $40,000 for CIP 405- 660 for the Professional Services Agreement with Consor Inc.; Appropriation of $100,000 from Fund 409 to CIP 405-660; 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
8. EMID Resolution No. 3748, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving a Construction Services Agreement for CIP 405 -660 Water Tanks & Facilities Improvement Project and CIP 301- 690 Seismic Improvements at the Lagoon Pump Station with Manito Construction Inc. in the Amount of $4,353,252; Establishing Construction Contingencies for CIP 405- 660 and CIP 301- 690 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 405- 660; Establishing a Contract Contingency in the Amount of $40,000 for CIP 405-660 for the Professional Services Agreement with Consor Inc.; Appropriation of $100,000 from Fund 409 to CIP 405-660; 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).”
ITEM REMOVED FROM CONSENT CALENDAR
SUPPLEMENTAL APPROPRIATION OF $60,000 FROM GENERAL PLAN MAINTENANCE FUND 128 TO ACCOUNT 128 -0838-419-42-51 FOR CONSULTING
SERVICES FOR CONTINUED ASSISTANCE WITH HOUSING ELEMENT
CERTIFICATION. CITY RESOLUTION NO. 2023-107.
Without objection from the City Council, Mayor Froomin removed this item from the Consent Calendar at the request of Vice Mayor Sullivan.
Discussion ensued.
Motion by Councilmember Hindi , seconded by Vice Mayor Sullivan, and carried unanimously, 5- 0-0, adopting City Resolution No. 2023- 107, “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 128-0838- 419-42-51 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).”
NEW BUSINESS
DRAFT 2024 STATE LEGISLATIVE PLATFORM AND POLICY. MINUTE ORDER NO.1945.
Assistant City Manager Subhashini presented the staff report.
Evan Adams addressed the City Council via teleconference.
Discussion ensued.
Motion by Mayor Froomin, seconded by Councilmember Jimenez , and carried unanimously, 5-0-0, adopting Minute Order No. 1945, and providing policy direction that the City Council would provide their individual feedback on the draft 2024 State Legislative Platform and Policy regarding items they are opposed to and other suggestions to staff. Staff would gather the feedback and bring a red-lined policy back to the City Council for review, discussion, and adoption at the December 18 meeting.
Discussion ensued.
Motion by Councilmember Jimenez, seconded by Vice Mayor Sullivan, and carried 4-1- 0, Councilmember Kiesel voted “no,” to reconsider the previous motion.
Discussion ensued.
Motion by Mayor Froomin, seconded by Councilmember Jimenez, and carried unanimously, 5-0-0, adopting Minute Order No. 1945, and providing policy direction that the City Council would provide their individual feedback on the draft 2024 State Legislative Platform and Policy regarding items they are opposed to and other suggestions to staff. Staff would gather the feedback and bring a red-lined policy back to the City Council for review, discussion, and adoption at the December 18 meeting.
REPORTS
RECREATION CENTER REBUILD PROJECT (CIP 301-778) UPDATE ON PROPOSED
RECREATION CENTER TEMPORARY FACILITIES AND OPERATIONS PLAN DURING NEW RECREATION CENTER CONSTRUCTION. MINUTE ORDER NO. 1946.
Recreation Manager Oren presented the staff report.
Discussion ensued.
Motion by Mayor Froomin, seconded by Vice Mayor Sullivan, and carried unanimously, 5-0-0, adopting Minute Order No. 194 6, receiving and accepting the Recreation Center Rebuild Project (CIP 301- 778) Update on Proposed Recreation Center Temporary Facilities and Operations Plan During New Recreation Center Construction, and providing policy direction to move forward with implementing the proposed temporary facilities and operations plan with rented modular buildings and restroom trailer at the tennis courts during the anticipated two-year Recreation Center Rebuild Construction Project.
REPORT ON FISCAL YEAR 2022 -23 4TH QUARTER FINANCIAL UPDATE . MINUTE ORDER NO. 1947.
Finance Director Suen presented the staff report.
Discussion ensued.
Motion by Councilmember Hindi, seconded by Councilmember Kiesel , and carried unanimously, 5-0-0, adopting Minute Order No. 194 7, to receive and accept the Report on Fiscal Year 2022-23 4th Quarter Financial Update.
RESOLUTIONS FOR ADOPTION
CONTRACT AMENDMENT NO. 3 WITH REGIONAL GOVERNMENT SERVICES
AUTHORITY (RGS) INCREASING THE CURRENT CONTRACT AMOUNT IN AN AMOUNT NOT -TO-EXCEED $57,000 AND EXTENDING SERVICES FOR AN ADDITIONAL SIX MONTHS, FROM JANUARY 1, 2024 THROUGH JUNE 30, 2024 .
CONTRACT AMENDMENT NO. TWO (2) TO THE AGREEMENT WITH WILSEY HAM IN THE AMOUNT NOT-TO-EXCEED $75,647, AMENDING THE FEE SCHEDULE AND EXTENDING THE CONTRACT TERM TO DECEMBER 31, 2024 FOR ON- CALL SURVEY SUPPORT SERVICES. 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 327-657) . CITY RESOLUTION NO. 2023-108. CITY RESOLUTION NO. 2023-109. CITY RESOLUTION NO. 2023-110.
Public Works Director Brozyna presented the combined staff reports for the three agenda items regarding the Levee Protection Planning and Improvements Project (CIP 327-657).
Discussion ensued.
Motion by Councilmember Kiesel, seconded by Mayor Froomin, and carried unanimously, 5-0-0, adopting City Resolution No. 2023- 108, “A Resolution 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 Not-to-Exceed $57,000 and Extending Services for an Additional Six Months, Fr om January 1, 2024 Through June 30, 2024 for the Levee Protection Planning and Improvements Project (CIP 327- 657) (CEQA Statu s: Environmental Impact Report was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012)).”
Motion by Councilmember Hindi, seconded by Vice Mayor Sullivan, and carried unanimously, 5- 0-0, adopting City Resolution No. 2023- 109, “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 Not -to-Exceed $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 327-657) 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)).”
Motion by Vice Mayor Sullivan , seconded by Councilmember Jimenez , and carried unanimously, 5- 0-0, adopting City Resolution No. 2023- 110, “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 t o Complete Change Work for the Levee Protection Planning and Improvements Project (CIP 327-657).”
COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.
City/District Warrants of Demands were Processed and Issued on October 12, 2023.
CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND
REQUESTS, AND COUNCIL LIAISON REPORTS
Councilember/Director Kiesel stated he attended the Council of Cities meeting in South San Francisco on October 27.
Councilmember/Director Jimenez stated she attended an event hosted for high school biotechnology students at Gilead Sciences on October 24. Also on October 24, she met with Crystal Conway, the new Chamber of Commerce Managing Director . On October 25, she attended the Foster City Police Department Badge Pinning Ceremony and expressed her appreciation for the work that they do for the community. She attended a Senior Fraud Prevention Seminar hosted by Congressman Mullin on October 30. On October 28, she attended the Halloween Spooktacular Festival hosted by the Parks and Recreation department and thanked Recreation Coordinator Koval for her work . She attended the San Mateo County AAPI Alliance’s Diwali Celebration event on November 3 and Baybasi’s Diwali Celebration event on November 4.
Councilmember/Director Hindi stated he attended the San Mateo County Housing Endowment and Regional Trust (HEART) Board meeting on October 25. On October 26, he attended the Peninsula Clean Energy B oard meeting. On October 30, he attended Congressman Mullin’s Senior Fraud Prevention Seminar. He attended the Chamber Open House event where he met the new Chamber of Commerce Managing Director on October 24. On November 3, he attended the San Mateo County AAPI Alliance’s Diwali Celebration event.
Vice Mayor/Vice President Sullivan stated he attended the Foster City Police Department Badge Pinning Ceremony on October 25. On October 26, he attended the City/ County Association of Governments (C/CAG) Bicycle and Pedestrian Advisory Committee meeting at the San Mateo County Transit District Office. On October 27, he attended the Council of Cities meeting in South San Francisco. He attended the Halloween Spooktacular Festival on October 28. He stated he was invited to visit the Verkada headquarters in San Mateo on October 30. On November 2, he attended the Pl anning Commission meeting.
Mayor/President Froomin stated that on October 24, he attended the Gilead Sciences event and the Chamber Open House. On October 25, he attended the Foster City Police Department Badge Pinning Ceremony. He participated in the South Bayside Waste Management Authority (SBWMA) board meeting on October 26, where he was appointed to the SBWMA Finance Committee and Ad Hoc Committees . He stated he had an opportunity to speak with a 5
th grade class at Foster City Elementary School. On October 27, he attended the Council of Cities meeting. He wished everyone a happy Diwali and Veteran’s Day . He ended his statements in honor of th ose who served in the Armed Forces and in remembrance of those who defended our freedom.
CLOSED SESSION
Mayor/President Froomin recessed the meeting into Closed Session for:
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; and
2. Report out from Closed Session.
Meeting recessed into Closed Session at 8:54 p.m. and reconvened at 9:05 p.m.
City Attorney/District Legal Counsel Benjamin Stock reported that no action was taken in Closed Session.
ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Froomin adjourned the meeting. Meeting adjourned at 9:05 p.m.