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/82592136594 PUBLIC 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 20, 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. 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.
5. 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.
5.1. City/EMID Regular Meeting Minutes of November 6, 2023
5.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a Master Services Agreement with Flock Safety to Retain an Existing Annual Fee Through FY 2728 for All Existing Automated License Plate Reader Equipment and Services
a) Staff Report
b) Adopt Resolution
5.3. A Resolution of the City Council of the City of Foster City Authorizing the Police Department to Purchase a OneYear Maintenance Renewal from Intrado to Maintain the Existing Dispatch Customer Premise Equipment (CPE); and Authorizing Appropriation of $18,714.75 from the General Fund to Account 00106304214246
a) Staff Report
b) Adopt Resolution
6. PUBLIC HEARINGS
6.1. A Public Hearing to Consider Adopting Ordinance and Resolution Approving Collection Rate Increases for Solid Waste, Recyclables, and Organic Materials for Calendar Years 2024 Through 2028 and Finding that the City’s Franchise Fees Included in the Solid Waste Rates are Justified a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – An Uncodified Ordinance of the City of Foster City Approving Solid Waste Rates for a Fouryear Period of Calendar Years 2025 Through 2028, Increasing the Monthly Residential Collection Rates by No More Than $4.74 in Rate Year 2025, $4.98 in Rate Year 2026, $4.19 in Rate Year 2027, and $4.35 in Rate Year 2028 and Increasing Fees for Unscheduled Services Up to 6.0% Per Year From Rate Years 2025 Through 2028
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion pass ordinance to second reading
f) Action A Resolution of the City Council of the City of Foster City Finding that the City’s Franchise Fees Included in the Solid Waste Rates are Justified and Approving Increases to the 2023 Monthly Residential Solid Waste Collection Rates by No More Than $5.40 Per Account in Rate Year 2024 and Approving Increases to 2024 Charges for Unscheduled Services by 5.465% Over 2023
6.2. A Public Hearing to Hear and Consider Comments Regarding Amendments to Title 17, “Zoning” Chapter 17.90 Below Market Rate Inclusionary Housing Program and Finding the Amendments Exempt from The California Environmental Quality Act (CEQA) Pursuant To CEQA Guideline Section 15061(B)(3)
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – An Ordinance of the City of Foster City Making Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code Chapter 17.90, “Below Market Inclusionary Housing Program” and Finding the Amendments Exempt from the California Environmental Quality Act Pursuant to CEQA Guideline Section 15061(B)(3) – RZ20230008
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion pass ordinance to second reading
7. NEW BUSINESS
7.1. Interview and Consideration of Appointments of Three Members to New Full Terms from January 1, 2024 through December 31, 2026 on the Parks and Recreation Committee. Applicants Listed in Alphabetical Order are: Ofer Yizhar Barnea, Sirish Bindal, Eric Corpuz, Lisa Fong, Khalaf Hirmina, Andelina Jovanovic, and Edlyn Yuen
a) Staff Report
b) Interview Applicants
c) Take Action By Minute Order
7.2. Consideration of Establishing Local Campaign Contribution Limits and Voluntary Campaign Expenditure Limits
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction
8. REPORTS
8.1. Wastewater Treatment Plant Master Plan Improvements Project (CIP 455 652) Clean Water Program – Third Quarter Progress Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report
8.2. Report on Fiscal Year 202324 1st 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 Approving an Agreement with Peninsula Clean Energy to Participate in Their Public EV Fleets (“Gov EV”) Program and Authorizing the City Manager to Execute the Customer Participation Agreement with Peninsula Clean Energy and Finding the Approval of the Agreement Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(B)(3)) a) Staff Report
b) Action – Adopt Resolution
10. COMMUNICATIONS
10.1. City/District Warrants of Demands were Processed and Issued on October 31, 2023, and November 3, 2023, and ACH were processed on November 3, 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) Name of case: (Foster City Marina, LLC v. City of Foster City et al. San Mateo Superior Court Case No. 22CIV 03526)
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/82592136594 PUBLIC 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 20, 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. 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.
5. 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.
5.1. City/EMID Regular Meeting Minutes of November 6, 2023
5.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a Master Services Agreement with Flock Safety to Retain an Existing Annual Fee Through FY 2728 for All Existing Automated License Plate Reader Equipment and Services
a) Staff Report
b) Adopt Resolution
5.3. A Resolution of the City Council of the City of Foster City Authorizing the Police Department to Purchase a OneYear Maintenance Renewal from Intrado to Maintain the Existing Dispatch Customer Premise Equipment (CPE); and Authorizing Appropriation of $18,714.75 from the General Fund to Account 00106304214246
a) Staff Report
b) Adopt Resolution
6. PUBLIC HEARINGS
6.1. A Public Hearing to Consider Adopting Ordinance and Resolution Approving Collection Rate Increases for Solid Waste, Recyclables, and Organic Materials for Calendar Years 2024 Through 2028 and Finding that the City’s Franchise Fees Included in the Solid Waste Rates are Justified a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – An Uncodified Ordinance of the City of Foster City Approving Solid Waste Rates for a Fouryear Period of Calendar Years 2025 Through 2028, Increasing the Monthly Residential Collection Rates by No More Than $4.74 in Rate Year 2025, $4.98 in Rate Year 2026, $4.19 in Rate Year 2027, and $4.35 in Rate Year 2028 and Increasing Fees for Unscheduled Services Up to 6.0% Per Year From Rate Years 2025 Through 2028
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion pass ordinance to second reading
f) Action A Resolution of the City Council of the City of Foster City Finding that the City’s Franchise Fees Included in the Solid Waste Rates are Justified and Approving Increases to the 2023 Monthly Residential Solid Waste Collection Rates by No More Than $5.40 Per Account in Rate Year 2024 and Approving Increases to 2024 Charges for Unscheduled Services by 5.465% Over 2023
6.2. A Public Hearing to Hear and Consider Comments Regarding Amendments to Title 17, “Zoning” Chapter 17.90 Below Market Rate Inclusionary Housing Program and Finding the Amendments Exempt from The California Environmental Quality Act (CEQA) Pursuant To CEQA Guideline Section 15061(B)(3)
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – An Ordinance of the City of Foster City Making Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code Chapter 17.90, “Below Market Inclusionary Housing Program” and Finding the Amendments Exempt from the California Environmental Quality Act Pursuant to CEQA Guideline Section 15061(B)(3) – RZ20230008
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion pass ordinance to second reading
7. NEW BUSINESS
7.1. Interview and Consideration of Appointments of Three Members to New Full Terms from January 1, 2024 through December 31, 2026 on the Parks and Recreation Committee. Applicants Listed in Alphabetical Order are: Ofer Yizhar Barnea, Sirish Bindal, Eric Corpuz, Lisa Fong, Khalaf Hirmina, Andelina Jovanovic, and Edlyn Yuen
a) Staff Report
b) Interview Applicants
c) Take Action By Minute Order
7.2. Consideration of Establishing Local Campaign Contribution Limits and Voluntary Campaign Expenditure Limits
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction
8. REPORTS
8.1. Wastewater Treatment Plant Master Plan Improvements Project (CIP 455 652) Clean Water Program – Third Quarter Progress Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report
8.2. Report on Fiscal Year 202324 1st 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 Approving an Agreement with Peninsula Clean Energy to Participate in Their Public EV Fleets (“Gov EV”) Program and Authorizing the City Manager to Execute the Customer Participation Agreement with Peninsula Clean Energy and Finding the Approval of the Agreement Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(B)(3)) a) Staff Report
b) Action – Adopt Resolution
10. COMMUNICATIONS
10.1. City/District Warrants of Demands were Processed and Issued on October 31, 2023, and November 3, 2023, and ACH were processed on November 3, 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) Name of case: (Foster City Marina, LLC v. City of Foster City et al. San Mateo Superior Court Case No. 22CIV 03526)
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/82592136594 PUBLIC 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 20, 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. 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.
5. 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.
5.1. City/EMID Regular Meeting Minutes of November 6, 2023
5.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a Master Services Agreement with Flock Safety to Retain an Existing Annual Fee Through FY 2728 for All Existing Automated License Plate Reader Equipment and Services
a) Staff Report
b) Adopt Resolution
5.3. A Resolution of the City Council of the City of Foster City Authorizing the Police Department to Purchase a OneYear Maintenance Renewal from Intrado to Maintain the Existing Dispatch Customer Premise Equipment (CPE); and Authorizing Appropriation of $18,714.75 from the General Fund to Account 00106304214246
a) Staff Report
b) Adopt Resolution
6. PUBLIC HEARINGS
6.1. A Public Hearing to Consider Adopting Ordinance and Resolution Approving Collection Rate Increases for Solid Waste, Recyclables, and Organic Materials for Calendar Years 2024 Through 2028 and Finding that the City’s Franchise Fees Included in the Solid Waste Rates are Justified a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – An Uncodified Ordinance of the City of Foster City Approving Solid Waste Rates for a Fouryear Period of Calendar Years 2025 Through 2028, Increasing the Monthly Residential Collection Rates by No More Than $4.74 in Rate Year 2025, $4.98 in Rate Year 2026, $4.19 in Rate Year 2027, and $4.35 in Rate Year 2028 and Increasing Fees for Unscheduled Services Up to 6.0% Per Year From Rate Years 2025 Through 2028
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion pass ordinance to second reading
f) Action A Resolution of the City Council of the City of Foster City Finding that the City’s Franchise Fees Included in the Solid Waste Rates are Justified and Approving Increases to the 2023 Monthly Residential Solid Waste Collection Rates by No More Than $5.40 Per Account in Rate Year 2024 and Approving Increases to 2024 Charges for Unscheduled Services by 5.465% Over 2023
6.2. A Public Hearing to Hear and Consider Comments Regarding Amendments to Title 17, “Zoning” Chapter 17.90 Below Market Rate Inclusionary Housing Program and Finding the Amendments Exempt from The California Environmental Quality Act (CEQA) Pursuant To CEQA Guideline Section 15061(B)(3)
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – An Ordinance of the City of Foster City Making Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code Chapter 17.90, “Below Market Inclusionary Housing Program” and Finding the Amendments Exempt from the California Environmental Quality Act Pursuant to CEQA Guideline Section 15061(B)(3) – RZ20230008
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion pass ordinance to second reading
7. NEW BUSINESS
7.1. Interview and Consideration of Appointments of Three Members to New Full Terms from January 1, 2024 through December 31, 2026 on the Parks and Recreation Committee. Applicants Listed in Alphabetical Order are: Ofer Yizhar Barnea, Sirish Bindal, Eric Corpuz, Lisa Fong, Khalaf Hirmina, Andelina Jovanovic, and Edlyn Yuen
a) Staff Report
b) Interview Applicants
c) Take Action By Minute Order
7.2. Consideration of Establishing Local Campaign Contribution Limits and Voluntary Campaign Expenditure Limits
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction
8. REPORTS
8.1. Wastewater Treatment Plant Master Plan Improvements Project (CIP 455 652) Clean Water Program – Third Quarter Progress Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report
8.2. Report on Fiscal Year 202324 1st 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 Approving an Agreement with Peninsula Clean Energy to Participate in Their Public EV Fleets (“Gov EV”) Program and Authorizing the City Manager to Execute the Customer Participation Agreement with Peninsula Clean Energy and Finding the Approval of the Agreement Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(B)(3)) a) Staff Report
b) Action – Adopt Resolution
10. COMMUNICATIONS
10.1. City/District Warrants of Demands were Processed and Issued on October 31, 2023, and November 3, 2023, and ACH were processed on November 3, 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) Name of case: (Foster City Marina, LLC v. City of Foster City et al. San Mateo Superior Court Case No. 22CIV 03526)
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/82592136594 PUBLIC 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 20, 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. 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.
5. 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.
5.1. City/EMID Regular Meeting Minutes of November 6, 2023
5.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a Master Services Agreement with Flock Safety to Retain an Existing Annual Fee Through FY 2728 for All Existing Automated License Plate Reader Equipment and Services
a) Staff Report
b) Adopt Resolution
5.3. A Resolution of the City Council of the City of Foster City Authorizing the Police Department to Purchase a OneYear Maintenance Renewal from Intrado to Maintain the Existing Dispatch Customer Premise Equipment (CPE); and Authorizing Appropriation of $18,714.75 from the General Fund to Account 00106304214246
a) Staff Report
b) Adopt Resolution
6. PUBLIC HEARINGS
6.1. A Public Hearing to Consider Adopting Ordinance and Resolution Approving Collection Rate Increases for Solid Waste, Recyclables, and Organic Materials for Calendar Years 2024 Through 2028 and Finding that the City’s Franchise Fees Included in the Solid Waste Rates are Justified a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – An Uncodified Ordinance of the City of Foster City Approving Solid Waste Rates for a Fouryear Period of Calendar Years 2025 Through 2028, Increasing the Monthly Residential Collection Rates by No More Than $4.74 in Rate Year 2025, $4.98 in Rate Year 2026, $4.19 in Rate Year 2027, and $4.35 in Rate Year 2028 and Increasing Fees for Unscheduled Services Up to 6.0% Per Year From Rate Years 2025 Through 2028
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion pass ordinance to second reading
f) Action A Resolution of the City Council of the City of Foster City Finding that the City’s Franchise Fees Included in the Solid Waste Rates are Justified and Approving Increases to the 2023 Monthly Residential Solid Waste Collection Rates by No More Than $5.40 Per Account in Rate Year 2024 and Approving Increases to 2024 Charges for Unscheduled Services by 5.465% Over 2023
6.2. A Public Hearing to Hear and Consider Comments Regarding Amendments to Title 17, “Zoning” Chapter 17.90 Below Market Rate Inclusionary Housing Program and Finding the Amendments Exempt from The California Environmental Quality Act (CEQA) Pursuant To CEQA Guideline Section 15061(B)(3)
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – An Ordinance of the City of Foster City Making Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code Chapter 17.90, “Below Market Inclusionary Housing Program” and Finding the Amendments Exempt from the California Environmental Quality Act Pursuant to CEQA Guideline Section 15061(B)(3) – RZ20230008
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion pass ordinance to second reading
7. NEW BUSINESS
7.1. Interview and Consideration of Appointments of Three Members to New Full Terms from January 1, 2024 through December 31, 2026 on the Parks and Recreation Committee. Applicants Listed in Alphabetical Order are: Ofer Yizhar Barnea, Sirish Bindal, Eric Corpuz, Lisa Fong, Khalaf Hirmina, Andelina Jovanovic, and Edlyn Yuen
a) Staff Report
b) Interview Applicants
c) Take Action By Minute Order
7.2. Consideration of Establishing Local Campaign Contribution Limits and Voluntary Campaign Expenditure Limits
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction
8. REPORTS
8.1. Wastewater Treatment Plant Master Plan Improvements Project (CIP 455 652) Clean Water Program – Third Quarter Progress Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report
8.2. Report on Fiscal Year 202324 1st 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 Approving an Agreement with Peninsula Clean Energy to Participate in Their Public EV Fleets (“Gov EV”) Program and Authorizing the City Manager to Execute the Customer Participation Agreement with Peninsula Clean Energy and Finding the Approval of the Agreement Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(B)(3)) a) Staff Report
b) Action – Adopt Resolution
10. COMMUNICATIONS
10.1. City/District Warrants of Demands were Processed and Issued on October 31, 2023, and November 3, 2023, and ACH were processed on November 3, 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) Name of case: (Foster City Marina, LLC v. City of Foster City et al. San Mateo Superior Court Case No. 22CIV 03526)
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/82592136594 PUBLIC 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 20, 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. 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.
5. 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.
5.1. City/EMID Regular Meeting Minutes of November 6, 2023
5.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a Master Services Agreement with Flock Safety to Retain an Existing Annual Fee Through FY 2728 for All Existing Automated License Plate Reader Equipment and Services
a) Staff Report
b) Adopt Resolution
5.3. A Resolution of the City Council of the City of Foster City Authorizing the Police Department to Purchase a OneYear Maintenance Renewal from Intrado to Maintain the Existing Dispatch Customer Premise Equipment (CPE); and Authorizing Appropriation of $18,714.75 from the General Fund to Account 00106304214246
a) Staff Report
b) Adopt Resolution
6. PUBLIC HEARINGS
6.1. A Public Hearing to Consider Adopting Ordinance and Resolution Approving Collection Rate Increases for Solid Waste, Recyclables, and Organic Materials for Calendar Years 2024 Through 2028 and Finding that the City’s Franchise Fees Included in the Solid Waste Rates are Justified a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – An Uncodified Ordinance of the City of Foster City Approving Solid Waste Rates for a Fouryear Period of Calendar Years 2025 Through 2028, Increasing the Monthly Residential Collection Rates by No More Than $4.74 in Rate Year 2025, $4.98 in Rate Year 2026, $4.19 in Rate Year 2027, and $4.35 in Rate Year 2028 and Increasing Fees for Unscheduled Services Up to 6.0% Per Year From Rate Years 2025 Through 2028
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion pass ordinance to second reading
f) Action A Resolution of the City Council of the City of Foster City Finding that the City’s Franchise Fees Included in the Solid Waste Rates are Justified and Approving Increases to the 2023 Monthly Residential Solid Waste Collection Rates by No More Than $5.40 Per Account in Rate Year 2024 and Approving Increases to 2024 Charges for Unscheduled Services by 5.465% Over 2023
6.2. A Public Hearing to Hear and Consider Comments Regarding Amendments to Title 17, “Zoning” Chapter 17.90 Below Market Rate Inclusionary Housing Program and Finding the Amendments Exempt from The California Environmental Quality Act (CEQA) Pursuant To CEQA Guideline Section 15061(B)(3)
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – An Ordinance of the City of Foster City Making Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code Chapter 17.90, “Below Market Inclusionary Housing Program” and Finding the Amendments Exempt from the California Environmental Quality Act Pursuant to CEQA Guideline Section 15061(B)(3) – RZ20230008
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion pass ordinance to second reading
7. NEW BUSINESS
7.1. Interview and Consideration of Appointments of Three Members to New Full Terms from January 1, 2024 through December 31, 2026 on the Parks and Recreation Committee. Applicants Listed in Alphabetical Order are: Ofer Yizhar Barnea, Sirish Bindal, Eric Corpuz, Lisa Fong, Khalaf Hirmina, Andelina Jovanovic, and Edlyn Yuen
a) Staff Report
b) Interview Applicants
c) Take Action By Minute Order
7.2. Consideration of Establishing Local Campaign Contribution Limits and Voluntary Campaign Expenditure Limits
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction
8. REPORTS
8.1. Wastewater Treatment Plant Master Plan Improvements Project (CIP 455 652) Clean Water Program – Third Quarter Progress Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report
8.2. Report on Fiscal Year 202324 1st 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 Approving an Agreement with Peninsula Clean Energy to Participate in Their Public EV Fleets (“Gov EV”) Program and Authorizing the City Manager to Execute the Customer Participation Agreement with Peninsula Clean Energy and Finding the Approval of the Agreement Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(B)(3)) a) Staff Report
b) Action – Adopt Resolution
10. COMMUNICATIONS
10.1. City/District Warrants of Demands were Processed and Issued on October 31, 2023, and November 3, 2023, and ACH were processed on November 3, 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) Name of case: (Foster City Marina, LLC v. City of Foster City et al. San Mateo Superior Court Case No. 22CIV 03526)
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/82592136594 PUBLIC 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 20, 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. 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.
5. 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.
5.1. City/EMID Regular Meeting Minutes of November 6, 2023
5.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a Master Services Agreement with Flock Safety to Retain an Existing Annual Fee Through FY 2728 for All Existing Automated License Plate Reader Equipment and Services
a) Staff Report
b) Adopt Resolution
5.3. A Resolution of the City Council of the City of Foster City Authorizing the Police Department to Purchase a OneYear Maintenance Renewal from Intrado to Maintain the Existing Dispatch Customer Premise Equipment (CPE); and Authorizing Appropriation of $18,714.75 from the General Fund to Account 00106304214246
a) Staff Report
b) Adopt Resolution
6. PUBLIC HEARINGS
6.1. A Public Hearing to Consider Adopting Ordinance and Resolution Approving Collection Rate Increases for Solid Waste, Recyclables, and Organic Materials for Calendar Years 2024 Through 2028 and Finding that the City’s Franchise Fees Included in the Solid Waste Rates are Justified a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – An Uncodified Ordinance of the City of Foster City Approving Solid Waste Rates for a Fouryear Period of Calendar Years 2025 Through 2028, Increasing the Monthly Residential Collection Rates by No More Than $4.74 in Rate Year 2025, $4.98 in Rate Year 2026, $4.19 in Rate Year 2027, and $4.35 in Rate Year 2028 and Increasing Fees for Unscheduled Services Up to 6.0% Per Year From Rate Years 2025 Through 2028
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion pass ordinance to second reading
f) Action A Resolution of the City Council of the City of Foster City Finding that the City’s Franchise Fees Included in the Solid Waste Rates are Justified and Approving Increases to the 2023 Monthly Residential Solid Waste Collection Rates by No More Than $5.40 Per Account in Rate Year 2024 and Approving Increases to 2024 Charges for Unscheduled Services by 5.465% Over 2023
6.2. A Public Hearing to Hear and Consider Comments Regarding Amendments to Title 17, “Zoning” Chapter 17.90 Below Market Rate Inclusionary Housing Program and Finding the Amendments Exempt from The California Environmental Quality Act (CEQA) Pursuant To CEQA Guideline Section 15061(B)(3)
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – An Ordinance of the City of Foster City Making Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code Chapter 17.90, “Below Market Inclusionary Housing Program” and Finding the Amendments Exempt from the California Environmental Quality Act Pursuant to CEQA Guideline Section 15061(B)(3) – RZ20230008
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion pass ordinance to second reading
7. NEW BUSINESS
7.1. Interview and Consideration of Appointments of Three Members to New Full Terms from January 1, 2024 through December 31, 2026 on the Parks and Recreation Committee. Applicants Listed in Alphabetical Order are: Ofer Yizhar Barnea, Sirish Bindal, Eric Corpuz, Lisa Fong, Khalaf Hirmina, Andelina Jovanovic, and Edlyn Yuen
a) Staff Report
b) Interview Applicants
c) Take Action By Minute Order
7.2. Consideration of Establishing Local Campaign Contribution Limits and Voluntary Campaign Expenditure Limits
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction
8. REPORTS
8.1. Wastewater Treatment Plant Master Plan Improvements Project (CIP 455 652) Clean Water Program – Third Quarter Progress Update a) Staff Report
b) Action By Minute Order, Receive and Accept Report
8.2. Report on Fiscal Year 202324 1st 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 Approving an Agreement with Peninsula Clean Energy to Participate in Their Public EV Fleets (“Gov EV”) Program and Authorizing the City Manager to Execute the Customer Participation Agreement with Peninsula Clean Energy and Finding the Approval of the Agreement Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(B)(3)) a) Staff Report
b) Action – Adopt Resolution
10. COMMUNICATIONS
10.1. City/District Warrants of Demands were Processed and Issued on October 31, 2023, and November 3, 2023, and ACH were processed on November 3, 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) Name of case: (Foster City Marina, LLC v. City of Foster City et al. San Mateo Superior Court Case No. 22CIV 03526)
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