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, May 06, 2024 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 Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Recognizing May 2024 as “Asian American and Pacific Islander Heritage Month”
4.2. A Proclamation Recognizing May 2024 as “Jewish American Heritage Month”
4.3. A Proclamation Recognizing May 2024 as “Mental Health Month”
4.4. A Proclamation Declaring the Week of May 1218, 2024 as “National Police Week” and May 15, 2024 as “Peace Officers’ Memorial Day”
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 Special Meeting Minutes of March 25, 2024
6.2. City/EMID Regular Meeting Minutes of April 15, 2024
6.3. An Ordinance of the City of Foster City Amending Title 15 Building and Construction and Title 17 Zoning of the Foster City Municipal Code, by Repealing Chapter 15.12 Sign Control and Replacing It With a New Chapter
17.59 Sign Control and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) RZ20240004 (First Reading on April 15, 2024) a) Adopt Ordinance
6.4. An Ordinance of the City of Foster City Amending Various Sections of Chapters 12.08, 12.12, 12.16 and 12.36 Within Title 12, “Public Property” Making Revisions to Authorize Administrative Citations To Be Issued for Violations and Other Administrative Changes to Reservation Process and Use of Parks and Adding a New Chapter 12.44, “Sidewalk Vending Program” to Establish Locations and Regulations Applicable to Sidewalk Vendors (First Reading on April 15, 2024)
a) Adopt Ordinance
6.5. A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Proposals for a Citywide Phone System Replacement
a) Staff Report
b) Adopt Resolution
6.6. A Resolution of the City Council of the City of Foster City Authorizing Contract Change Order No. One to the Agreement with Spencon Construction Inc. In the Not to Exceed Amount of $400,000, and Extending the Contract Duration for an Additional TwoYear Term, from July 1, 2024 to June 30, 2026 for Sidewalk Repair and Replacement and Finding That the Project was Categorically Exempt on May 16, 2022 Pursuant to the California Environmental Quality Act (CEQA)
a) Staff Report
b) Adopt Resolution
6.7. A Resolution of the City Council of the City of Foster City Accepting the Work by Shimmick Construction Company, Inc. for the Levee Protection Planning and Improvements Project (CIP 327657) and Directing the City Clerk to File the Notice of Completion; and CEQA Status: Environmental Impact Report Was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 20106012012)
a) Staff Report
b) Adopt Resolution
6.8. A Resolution of the City Council of the City of Foster City Terminating the Proclamation of Local Emergency Related to Major Damage to the City’s Main Water Pipeline
a) Staff Report
b) Adopt Resolution
7. REPORTS
7.1. Citizens Sustainability Advisory Committee 2023 Year End Report, Review of Mission Statement, 2023 Accomplishments, and Goals for 2024 a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
8. RESOLUTIONS FOR ADOPTION
8.1. Consideration of Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures
a) Staff Report
b) Action A Resolution of the City Council of the City of Foster City Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures c) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures
8.2. A Resolution of the City Council of the City of Foster City to Approve a License Agreement With the Island United Church (IUC) for Use of Specific Property at 1130 Balclutha Drive for a Pilot Community Garden Pilot Program, Approve an Appropriation From the Community Benefits Fund in the Amount of $22,900 to Develop the Location, and Approve a Memorandum of Understanding (MOU) with the Foster City Community Garden Association (FCCGA), IUC and the City of Foster City Relating to the Creation and Operation of the Community Garden; and Finding Actions Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA)
a) Staff Report
b) Action Adopt Resolution
8.3. A Resolution of the City Council of the City of Foster City Authorizing the Award of an Agreement for Professional Services with WRT Design, LLC for the Development of a Parks Master Plan (CIP 301682) in an Amount Notto Exceed $419,949, Approve a Project Contingency of $41,995, Authorize a Transfer of $95,303 from General Fund (Fund 001) to City Capital Projects Fund (Fund 301), and Authorize a Budget Appropriation for $95,303 to 301 09106824251
a) Staff Report
b) Action Adopt Resolution
9. COMMUNICATIONS
9.1. City/District Warrants of Demands were Processed and Issued on April 5, 2024, and April 11, 2024, and ACH were processed on April 5, 2024 a) Information Item Only
b) No Action Required
10. 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.
11. CLOSED SESSION
11.1. Conference With Legal Counsel– Anticipated Litigation Initiation of Litigation pursuant to Government Code § 54956.9(d)(4):
(Two potential cases)
11.2. Conference With Legal Counsel– Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (1) of subdivision (e) of Section 54956.9: (One potential case)
11.3. Report Out from Closed Session
12. 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, May 06, 2024 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 Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Recognizing May 2024 as “Asian American and Pacific Islander Heritage Month”
4.2. A Proclamation Recognizing May 2024 as “Jewish American Heritage Month”
4.3. A Proclamation Recognizing May 2024 as “Mental Health Month”
4.4. A Proclamation Declaring the Week of May 1218, 2024 as “National Police Week” and May 15, 2024 as “Peace Officers’ Memorial Day”
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 Special Meeting Minutes of March 25, 2024
6.2. City/EMID Regular Meeting Minutes of April 15, 2024
6.3. An Ordinance of the City of Foster City Amending Title 15 Building and Construction and Title 17 Zoning of the Foster City Municipal Code, by Repealing Chapter 15.12 Sign Control and Replacing It With a New Chapter
17.59 Sign Control and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) RZ20240004 (First Reading on April 15, 2024) a) Adopt Ordinance
6.4. An Ordinance of the City of Foster City Amending Various Sections of Chapters 12.08, 12.12, 12.16 and 12.36 Within Title 12, “Public Property” Making Revisions to Authorize Administrative Citations To Be Issued for Violations and Other Administrative Changes to Reservation Process and Use of Parks and Adding a New Chapter 12.44, “Sidewalk Vending Program” to Establish Locations and Regulations Applicable to Sidewalk Vendors (First Reading on April 15, 2024)
a) Adopt Ordinance
6.5. A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Proposals for a Citywide Phone System Replacement
a) Staff Report
b) Adopt Resolution
6.6. A Resolution of the City Council of the City of Foster City Authorizing Contract Change Order No. One to the Agreement with Spencon Construction Inc. In the Not to Exceed Amount of $400,000, and Extending the Contract Duration for an Additional TwoYear Term, from July 1, 2024 to June 30, 2026 for Sidewalk Repair and Replacement and Finding That the Project was Categorically Exempt on May 16, 2022 Pursuant to the California Environmental Quality Act (CEQA)
a) Staff Report
b) Adopt Resolution
6.7. A Resolution of the City Council of the City of Foster City Accepting the Work by Shimmick Construction Company, Inc. for the Levee Protection Planning and Improvements Project (CIP 327657) and Directing the City Clerk to File the Notice of Completion; and CEQA Status: Environmental Impact Report Was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 20106012012)
a) Staff Report
b) Adopt Resolution
6.8. A Resolution of the City Council of the City of Foster City Terminating the Proclamation of Local Emergency Related to Major Damage to the City’s Main Water Pipeline
a) Staff Report
b) Adopt Resolution
7. REPORTS
7.1. Citizens Sustainability Advisory Committee 2023 Year End Report, Review of Mission Statement, 2023 Accomplishments, and Goals for 2024 a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
8. RESOLUTIONS FOR ADOPTION
8.1. Consideration of Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures
a) Staff Report
b) Action A Resolution of the City Council of the City of Foster City Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures c) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures
8.2. A Resolution of the City Council of the City of Foster City to Approve a License Agreement With the Island United Church (IUC) for Use of Specific Property at 1130 Balclutha Drive for a Pilot Community Garden Pilot Program, Approve an Appropriation From the Community Benefits Fund in the Amount of $22,900 to Develop the Location, and Approve a Memorandum of Understanding (MOU) with the Foster City Community Garden Association (FCCGA), IUC and the City of Foster City Relating to the Creation and Operation of the Community Garden; and Finding Actions Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA)
a) Staff Report
b) Action Adopt Resolution
8.3. A Resolution of the City Council of the City of Foster City Authorizing the Award of an Agreement for Professional Services with WRT Design, LLC for the Development of a Parks Master Plan (CIP 301682) in an Amount Notto Exceed $419,949, Approve a Project Contingency of $41,995, Authorize a Transfer of $95,303 from General Fund (Fund 001) to City Capital Projects Fund (Fund 301), and Authorize a Budget Appropriation for $95,303 to 301 09106824251
a) Staff Report
b) Action Adopt Resolution
9. COMMUNICATIONS
9.1. City/District Warrants of Demands were Processed and Issued on April 5, 2024, and April 11, 2024, and ACH were processed on April 5, 2024 a) Information Item Only
b) No Action Required
10. 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.
11. CLOSED SESSION
11.1. Conference With Legal Counsel– Anticipated Litigation Initiation of Litigation pursuant to Government Code § 54956.9(d)(4):
(Two potential cases)
11.2. Conference With Legal Counsel– Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (1) of subdivision (e) of Section 54956.9: (One potential case)
11.3. Report Out from Closed Session
12. 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, May 06, 2024 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 Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Recognizing May 2024 as “Asian American and Pacific Islander Heritage Month”
4.2. A Proclamation Recognizing May 2024 as “Jewish American Heritage Month”
4.3. A Proclamation Recognizing May 2024 as “Mental Health Month”
4.4. A Proclamation Declaring the Week of May 1218, 2024 as “National Police Week” and May 15, 2024 as “Peace Officers’ Memorial Day”
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 Special Meeting Minutes of March 25, 2024
6.2. City/EMID Regular Meeting Minutes of April 15, 2024
6.3. An Ordinance of the City of Foster City Amending Title 15 Building and Construction and Title 17 Zoning of the Foster City Municipal Code, by Repealing Chapter 15.12 Sign Control and Replacing It With a New Chapter
17.59 Sign Control and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) RZ20240004 (First Reading on April 15, 2024) a) Adopt Ordinance
6.4. An Ordinance of the City of Foster City Amending Various Sections of Chapters 12.08, 12.12, 12.16 and 12.36 Within Title 12, “Public Property” Making Revisions to Authorize Administrative Citations To Be Issued for Violations and Other Administrative Changes to Reservation Process and Use of Parks and Adding a New Chapter 12.44, “Sidewalk Vending Program” to Establish Locations and Regulations Applicable to Sidewalk Vendors (First Reading on April 15, 2024)
a) Adopt Ordinance
6.5. A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Proposals for a Citywide Phone System Replacement
a) Staff Report
b) Adopt Resolution
6.6. A Resolution of the City Council of the City of Foster City Authorizing Contract Change Order No. One to the Agreement with Spencon Construction Inc. In the Not to Exceed Amount of $400,000, and Extending the Contract Duration for an Additional TwoYear Term, from July 1, 2024 to June 30, 2026 for Sidewalk Repair and Replacement and Finding That the Project was Categorically Exempt on May 16, 2022 Pursuant to the California Environmental Quality Act (CEQA)
a) Staff Report
b) Adopt Resolution
6.7. A Resolution of the City Council of the City of Foster City Accepting the Work by Shimmick Construction Company, Inc. for the Levee Protection Planning and Improvements Project (CIP 327657) and Directing the City Clerk to File the Notice of Completion; and CEQA Status: Environmental Impact Report Was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 20106012012)
a) Staff Report
b) Adopt Resolution
6.8. A Resolution of the City Council of the City of Foster City Terminating the Proclamation of Local Emergency Related to Major Damage to the City’s Main Water Pipeline
a) Staff Report
b) Adopt Resolution
7. REPORTS
7.1. Citizens Sustainability Advisory Committee 2023 Year End Report, Review of Mission Statement, 2023 Accomplishments, and Goals for 2024 a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
8. RESOLUTIONS FOR ADOPTION
8.1. Consideration of Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures
a) Staff Report
b) Action A Resolution of the City Council of the City of Foster City Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures c) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures
8.2. A Resolution of the City Council of the City of Foster City to Approve a License Agreement With the Island United Church (IUC) for Use of Specific Property at 1130 Balclutha Drive for a Pilot Community Garden Pilot Program, Approve an Appropriation From the Community Benefits Fund in the Amount of $22,900 to Develop the Location, and Approve a Memorandum of Understanding (MOU) with the Foster City Community Garden Association (FCCGA), IUC and the City of Foster City Relating to the Creation and Operation of the Community Garden; and Finding Actions Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA)
a) Staff Report
b) Action Adopt Resolution
8.3. A Resolution of the City Council of the City of Foster City Authorizing the Award of an Agreement for Professional Services with WRT Design, LLC for the Development of a Parks Master Plan (CIP 301682) in an Amount Notto Exceed $419,949, Approve a Project Contingency of $41,995, Authorize a Transfer of $95,303 from General Fund (Fund 001) to City Capital Projects Fund (Fund 301), and Authorize a Budget Appropriation for $95,303 to 301 09106824251
a) Staff Report
b) Action Adopt Resolution
9. COMMUNICATIONS
9.1. City/District Warrants of Demands were Processed and Issued on April 5, 2024, and April 11, 2024, and ACH were processed on April 5, 2024 a) Information Item Only
b) No Action Required
10. 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.
11. CLOSED SESSION
11.1. Conference With Legal Counsel– Anticipated Litigation Initiation of Litigation pursuant to Government Code § 54956.9(d)(4):
(Two potential cases)
11.2. Conference With Legal Counsel– Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (1) of subdivision (e) of Section 54956.9: (One potential case)
11.3. Report Out from Closed Session
12. 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, May 06, 2024 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 Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Recognizing May 2024 as “Asian American and Pacific Islander Heritage Month”
4.2. A Proclamation Recognizing May 2024 as “Jewish American Heritage Month”
4.3. A Proclamation Recognizing May 2024 as “Mental Health Month”
4.4. A Proclamation Declaring the Week of May 1218, 2024 as “National Police Week” and May 15, 2024 as “Peace Officers’ Memorial Day”
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 Special Meeting Minutes of March 25, 2024
6.2. City/EMID Regular Meeting Minutes of April 15, 2024
6.3. An Ordinance of the City of Foster City Amending Title 15 Building and Construction and Title 17 Zoning of the Foster City Municipal Code, by Repealing Chapter 15.12 Sign Control and Replacing It With a New Chapter
17.59 Sign Control and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) RZ20240004 (First Reading on April 15, 2024) a) Adopt Ordinance
6.4. An Ordinance of the City of Foster City Amending Various Sections of Chapters 12.08, 12.12, 12.16 and 12.36 Within Title 12, “Public Property” Making Revisions to Authorize Administrative Citations To Be Issued for Violations and Other Administrative Changes to Reservation Process and Use of Parks and Adding a New Chapter 12.44, “Sidewalk Vending Program” to Establish Locations and Regulations Applicable to Sidewalk Vendors (First Reading on April 15, 2024)
a) Adopt Ordinance
6.5. A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Proposals for a Citywide Phone System Replacement
a) Staff Report
b) Adopt Resolution
6.6. A Resolution of the City Council of the City of Foster City Authorizing Contract Change Order No. One to the Agreement with Spencon Construction Inc. In the Not to Exceed Amount of $400,000, and Extending the Contract Duration for an Additional TwoYear Term, from July 1, 2024 to June 30, 2026 for Sidewalk Repair and Replacement and Finding That the Project was Categorically Exempt on May 16, 2022 Pursuant to the California Environmental Quality Act (CEQA)
a) Staff Report
b) Adopt Resolution
6.7. A Resolution of the City Council of the City of Foster City Accepting the Work by Shimmick Construction Company, Inc. for the Levee Protection Planning and Improvements Project (CIP 327657) and Directing the City Clerk to File the Notice of Completion; and CEQA Status: Environmental Impact Report Was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 20106012012)
a) Staff Report
b) Adopt Resolution
6.8. A Resolution of the City Council of the City of Foster City Terminating the Proclamation of Local Emergency Related to Major Damage to the City’s Main Water Pipeline
a) Staff Report
b) Adopt Resolution
7. REPORTS
7.1. Citizens Sustainability Advisory Committee 2023 Year End Report, Review of Mission Statement, 2023 Accomplishments, and Goals for 2024 a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
8. RESOLUTIONS FOR ADOPTION
8.1. Consideration of Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures
a) Staff Report
b) Action A Resolution of the City Council of the City of Foster City Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures c) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures
8.2. A Resolution of the City Council of the City of Foster City to Approve a License Agreement With the Island United Church (IUC) for Use of Specific Property at 1130 Balclutha Drive for a Pilot Community Garden Pilot Program, Approve an Appropriation From the Community Benefits Fund in the Amount of $22,900 to Develop the Location, and Approve a Memorandum of Understanding (MOU) with the Foster City Community Garden Association (FCCGA), IUC and the City of Foster City Relating to the Creation and Operation of the Community Garden; and Finding Actions Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA)
a) Staff Report
b) Action Adopt Resolution
8.3. A Resolution of the City Council of the City of Foster City Authorizing the Award of an Agreement for Professional Services with WRT Design, LLC for the Development of a Parks Master Plan (CIP 301682) in an Amount Notto Exceed $419,949, Approve a Project Contingency of $41,995, Authorize a Transfer of $95,303 from General Fund (Fund 001) to City Capital Projects Fund (Fund 301), and Authorize a Budget Appropriation for $95,303 to 301 09106824251
a) Staff Report
b) Action Adopt Resolution
9. COMMUNICATIONS
9.1. City/District Warrants of Demands were Processed and Issued on April 5, 2024, and April 11, 2024, and ACH were processed on April 5, 2024 a) Information Item Only
b) No Action Required
10. 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.
11. CLOSED SESSION
11.1. Conference With Legal Counsel– Anticipated Litigation Initiation of Litigation pursuant to Government Code § 54956.9(d)(4):
(Two potential cases)
11.2. Conference With Legal Counsel– Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (1) of subdivision (e) of Section 54956.9: (One potential case)
11.3. Report Out from Closed Session
12. 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, May 06, 2024 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 Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Recognizing May 2024 as “Asian American and Pacific Islander Heritage Month”
4.2. A Proclamation Recognizing May 2024 as “Jewish American Heritage Month”
4.3. A Proclamation Recognizing May 2024 as “Mental Health Month”
4.4. A Proclamation Declaring the Week of May 1218, 2024 as “National Police Week” and May 15, 2024 as “Peace Officers’ Memorial Day”
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 Special Meeting Minutes of March 25, 2024
6.2. City/EMID Regular Meeting Minutes of April 15, 2024
6.3. An Ordinance of the City of Foster City Amending Title 15 Building and Construction and Title 17 Zoning of the Foster City Municipal Code, by Repealing Chapter 15.12 Sign Control and Replacing It With a New Chapter
17.59 Sign Control and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) RZ20240004 (First Reading on April 15, 2024) a) Adopt Ordinance
6.4. An Ordinance of the City of Foster City Amending Various Sections of Chapters 12.08, 12.12, 12.16 and 12.36 Within Title 12, “Public Property” Making Revisions to Authorize Administrative Citations To Be Issued for Violations and Other Administrative Changes to Reservation Process and Use of Parks and Adding a New Chapter 12.44, “Sidewalk Vending Program” to Establish Locations and Regulations Applicable to Sidewalk Vendors (First Reading on April 15, 2024)
a) Adopt Ordinance
6.5. A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Proposals for a Citywide Phone System Replacement
a) Staff Report
b) Adopt Resolution
6.6. A Resolution of the City Council of the City of Foster City Authorizing Contract Change Order No. One to the Agreement with Spencon Construction Inc. In the Not to Exceed Amount of $400,000, and Extending the Contract Duration for an Additional TwoYear Term, from July 1, 2024 to June 30, 2026 for Sidewalk Repair and Replacement and Finding That the Project was Categorically Exempt on May 16, 2022 Pursuant to the California Environmental Quality Act (CEQA)
a) Staff Report
b) Adopt Resolution
6.7. A Resolution of the City Council of the City of Foster City Accepting the Work by Shimmick Construction Company, Inc. for the Levee Protection Planning and Improvements Project (CIP 327657) and Directing the City Clerk to File the Notice of Completion; and CEQA Status: Environmental Impact Report Was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 20106012012)
a) Staff Report
b) Adopt Resolution
6.8. A Resolution of the City Council of the City of Foster City Terminating the Proclamation of Local Emergency Related to Major Damage to the City’s Main Water Pipeline
a) Staff Report
b) Adopt Resolution
7. REPORTS
7.1. Citizens Sustainability Advisory Committee 2023 Year End Report, Review of Mission Statement, 2023 Accomplishments, and Goals for 2024 a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
8. RESOLUTIONS FOR ADOPTION
8.1. Consideration of Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures
a) Staff Report
b) Action A Resolution of the City Council of the City of Foster City Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures c) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures
8.2. A Resolution of the City Council of the City of Foster City to Approve a License Agreement With the Island United Church (IUC) for Use of Specific Property at 1130 Balclutha Drive for a Pilot Community Garden Pilot Program, Approve an Appropriation From the Community Benefits Fund in the Amount of $22,900 to Develop the Location, and Approve a Memorandum of Understanding (MOU) with the Foster City Community Garden Association (FCCGA), IUC and the City of Foster City Relating to the Creation and Operation of the Community Garden; and Finding Actions Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA)
a) Staff Report
b) Action Adopt Resolution
8.3. A Resolution of the City Council of the City of Foster City Authorizing the Award of an Agreement for Professional Services with WRT Design, LLC for the Development of a Parks Master Plan (CIP 301682) in an Amount Notto Exceed $419,949, Approve a Project Contingency of $41,995, Authorize a Transfer of $95,303 from General Fund (Fund 001) to City Capital Projects Fund (Fund 301), and Authorize a Budget Appropriation for $95,303 to 301 09106824251
a) Staff Report
b) Action Adopt Resolution
9. COMMUNICATIONS
9.1. City/District Warrants of Demands were Processed and Issued on April 5, 2024, and April 11, 2024, and ACH were processed on April 5, 2024 a) Information Item Only
b) No Action Required
10. 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.
11. CLOSED SESSION
11.1. Conference With Legal Counsel– Anticipated Litigation Initiation of Litigation pursuant to Government Code § 54956.9(d)(4):
(Two potential cases)
11.2. Conference With Legal Counsel– Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (1) of subdivision (e) of Section 54956.9: (One potential case)
11.3. Report Out from Closed Session
12. 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, May 06, 2024 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 Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Recognizing May 2024 as “Asian American and Pacific Islander Heritage Month”
4.2. A Proclamation Recognizing May 2024 as “Jewish American Heritage Month”
4.3. A Proclamation Recognizing May 2024 as “Mental Health Month”
4.4. A Proclamation Declaring the Week of May 1218, 2024 as “National Police Week” and May 15, 2024 as “Peace Officers’ Memorial Day”
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 Special Meeting Minutes of March 25, 2024
6.2. City/EMID Regular Meeting Minutes of April 15, 2024
6.3. An Ordinance of the City of Foster City Amending Title 15 Building and Construction and Title 17 Zoning of the Foster City Municipal Code, by Repealing Chapter 15.12 Sign Control and Replacing It With a New Chapter
17.59 Sign Control and Finding the Amendments Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3) RZ20240004 (First Reading on April 15, 2024) a) Adopt Ordinance
6.4. An Ordinance of the City of Foster City Amending Various Sections of Chapters 12.08, 12.12, 12.16 and 12.36 Within Title 12, “Public Property” Making Revisions to Authorize Administrative Citations To Be Issued for Violations and Other Administrative Changes to Reservation Process and Use of Parks and Adding a New Chapter 12.44, “Sidewalk Vending Program” to Establish Locations and Regulations Applicable to Sidewalk Vendors (First Reading on April 15, 2024)
a) Adopt Ordinance
6.5. A Resolution of the City Council of the City of Foster City Authorizing the Issuance of a Request for Proposals for a Citywide Phone System Replacement
a) Staff Report
b) Adopt Resolution
6.6. A Resolution of the City Council of the City of Foster City Authorizing Contract Change Order No. One to the Agreement with Spencon Construction Inc. In the Not to Exceed Amount of $400,000, and Extending the Contract Duration for an Additional TwoYear Term, from July 1, 2024 to June 30, 2026 for Sidewalk Repair and Replacement and Finding That the Project was Categorically Exempt on May 16, 2022 Pursuant to the California Environmental Quality Act (CEQA)
a) Staff Report
b) Adopt Resolution
6.7. A Resolution of the City Council of the City of Foster City Accepting the Work by Shimmick Construction Company, Inc. for the Levee Protection Planning and Improvements Project (CIP 327657) and Directing the City Clerk to File the Notice of Completion; and CEQA Status: Environmental Impact Report Was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 20106012012)
a) Staff Report
b) Adopt Resolution
6.8. A Resolution of the City Council of the City of Foster City Terminating the Proclamation of Local Emergency Related to Major Damage to the City’s Main Water Pipeline
a) Staff Report
b) Adopt Resolution
7. REPORTS
7.1. Citizens Sustainability Advisory Committee 2023 Year End Report, Review of Mission Statement, 2023 Accomplishments, and Goals for 2024 a) Staff Report
b) Action – By Minute Order, Receive and Accept Report
8. RESOLUTIONS FOR ADOPTION
8.1. Consideration of Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures
a) Staff Report
b) Action A Resolution of the City Council of the City of Foster City Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures c) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Adopting a General Fund Reserve Policy that Establishes a Minimum Reserve Threshold of 50% of Budgeted Annual Operating Expenditures
8.2. A Resolution of the City Council of the City of Foster City to Approve a License Agreement With the Island United Church (IUC) for Use of Specific Property at 1130 Balclutha Drive for a Pilot Community Garden Pilot Program, Approve an Appropriation From the Community Benefits Fund in the Amount of $22,900 to Develop the Location, and Approve a Memorandum of Understanding (MOU) with the Foster City Community Garden Association (FCCGA), IUC and the City of Foster City Relating to the Creation and Operation of the Community Garden; and Finding Actions Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA)
a) Staff Report
b) Action Adopt Resolution
8.3. A Resolution of the City Council of the City of Foster City Authorizing the Award of an Agreement for Professional Services with WRT Design, LLC for the Development of a Parks Master Plan (CIP 301682) in an Amount Notto Exceed $419,949, Approve a Project Contingency of $41,995, Authorize a Transfer of $95,303 from General Fund (Fund 001) to City Capital Projects Fund (Fund 301), and Authorize a Budget Appropriation for $95,303 to 301 09106824251
a) Staff Report
b) Action Adopt Resolution
9. COMMUNICATIONS
9.1. City/District Warrants of Demands were Processed and Issued on April 5, 2024, and April 11, 2024, and ACH were processed on April 5, 2024 a) Information Item Only
b) No Action Required
10. 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.
11. CLOSED SESSION
11.1. Conference With Legal Counsel– Anticipated Litigation Initiation of Litigation pursuant to Government Code § 54956.9(d)(4):
(Two potential cases)
11.2. Conference With Legal Counsel– Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (1) of subdivision (e) of Section 54956.9: (One potential case)
11.3. Report Out from Closed Session
12. 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.
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