CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF MAY 20, 2024
MINUTES
CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of May 20, 2024 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:47 p.m. by Mayor/President Patrick Sullivan.
This meeting was held as a hybrid meeting.
ROLL CALL
The Communications Director/City Clerk/District Secretary called the roll:
PRESENT:
Councilmembers/ex officio Directors Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan.
ABSENT: None.
STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel ; Marlene Subhashini, Assistant City/District Manager; Sofia Mangalam, Community Development Director; Andrew Brozyna, Public Works Director; Derek Schweigart, Parks and Recreation Director; Diane Pitman, Administrative Services Director ; Robert Marshall, Deputy Fire Chief; Waqas Hassan, Assistant Finance Director; Mimi Lam, Financial Services Manager; ‘Andra Lorenz , Senior Management Analyst; Dave Orlando, Police Lieutenant; Lyndsey Castro, Management Analyst; Luis Avelos, Maintenance Worker I; Rob Lasky, IT Manager ; Katherine Mendoza, Deputy City Clerk ; Mark Strathdee, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.
SPECIAL PRESENTATIONS
PROCLAMATION DECLARING THE WEEK OF MAY 19 -25, 2024 AS “NATIONAL PUBLIC WORKS WEEK”
Vice Mayor Jimenez presented the proclamation declaring the week of May 19-25, 2025 as “National Public Works Week” to Luis Avalos, Maintenance Worker with the Foster City Water Division.
CONSENT CALENDAR
Motion by Councilmember/Director Froomin, seconded by Councilmember/Director Kiesel, and carried unanimously 5-0-0, approving the following items on the City/District Consent Calendar:
City/EMID Consent Calendar
1. City/EMID Regular Meeting Minutes of May 6, 2024;
2. City Resolution No. 2024-40, “A Resolution of the City Council of the City of Foster City Directing That the LGBTQIA+ Progress Pride Flag Be Flown from June 1, 2024 Through June 30, 2024 in Recognition of Pride Month Pursuant to the City Hall Flag Display Policy;”
3. City Resolution No. 2024-41, “A Resolution of the City Council of the City of Foster City Authorizing Staff to Issue a Request for Proposals (RFP) for On- Call Professional Consult Services to Augment Building Division Staff of Community Development Department and Find the Request Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3);”
4. City Resolution No. 2024-42, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a Contract Amendment No. 1 for an Additional Amount of $89,000 with 4LEAF, Inc and Extension of Agreement Term for On-Call Professional Building Services with 4LEAF, Inc. and Find the Contract Amendment Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3);”
5. City Resolution No. 2024-43, “A Resolution of the City Council of the City of Foster City Authorizing the Award of a Construction Contract to McGrath RentCorp DBA Mobile Modular Management Corporation for the Construction of the Recreation Center Replacement Project (CIP 301- 678) (CEQA STATUS: Adopted Mitigated Negative Declaration for the Recreation Center Rebuild Project);”
6. City Resolution No. 2024-44, “A Resolution of the City Council of the City of Foster City Authorizing the Award of Construction Contract to Shaw Integrated and Turf Solutions, Inc. DBA Shaw Sports Synthetic Turf for the Construction of the Edgewater Park Softball and Soccer Synthetic Resurfacing Project (CIP 301-712) and Finding the Project Exempt from CEQA Under Section 15061(B)(3) And 15301(C) – Existing Facilities;”
7. City Resolution No. 2024-45, “A Resolution of the City Council of the City of Foster City Approving the Reissuance of Plans and Specifications and Authorizing the Call for Bids for CIP 301-716 Street Rehabilitation and Park Pathway Restoration Project (2023-2024) and Finding the Project Exempt from CEQA Under Section 15061(B)(3) And 15301(C) – Existing Facilities;”
8. City Resolution No. 2024-46, “A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Apply for, Submit the Application Package and Enter into an Agreement with Peninsula Clean Energy (PCE) for Member Agency Energy Grant Towards the Photovoltaic System for the Recreation Center Rebuild Project (CIP 301-678), Accept Grant Funds if Application is Approved and Find the Request Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA;”
9. City Resolution No. 2024-47, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. Three (3) in the Amount of $60,000 with It’s Personnel Consulting Inc. for Human Resources Consulting Services;”
10. EMID Resolution No. 3757, “ A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Equipment Prepurchase Package and Authorizing the Call for Bids for Three Emergency Generator Systems and Two Automatic Transfer Switches for CIP 455 -705 Emer gency Generator Replacements Project and Finding That the Project is Exempt Pursuant to the California Environmental Quality Act (CEQA) Guideline Class 2 – Replacement or Reconstruction;” and
11. Minute Order No. 1975, “ Receive and Accept the R eport on the Wastewater Treatment Plant (WWTP) Master Plan Improvements Project (CIP 455- 652) – Clean Water Program (CWP) – Update for Quarter 1 – January Through March 2024.”
STUDY SESSION
Mayor/President Sullivan recessed the meeting into Study Session.
PRELIMINARY BUDGET FOR FISCAL YEAR 2024- 25 AND FIVE -YEAR FINANCIAL PLAN FOR FY 2024-25 TO FY 2028-29. MINUTE ORDER NO. 1976.
Assistant Finance Director Hassan presented the staff report.
Discussion ensued.
Evan Adams addressed the City Council via teleconference.
Motion by Mayor/President Sullivan , seconded by Vice Mayor/Vice President Jimenez, and carried unanimously, 5- 0-0, adopting Minute Order No. 1976, and providing policy direction to proceed with incorporating the terms from the preliminary budget into the final FY 2024-25 Budget and Five-Year Financial Plan for FY 2024- 25 to FY 2028-29 for the June 3, 2024 public hearing followed by final adoption by the City Council/EMID Board on June 17, 2024.
Meeting recessed into study session at 6:57 p.m. and reconvened at 8:11 p.m.
REPORTS
BUSINESS LICENSE TAX UPDATE. MINUTE ORDER NO. 1977.
Mayor Sullivan stated that per FPPC Regulation 18707, he will need to recuse himself from this agenda item because he owns stock over $25,000 in value for Costco, Starbucks, and Tesla which are businesses located within Foster City.
Councilmember Hindi stated that per FPPC Regulation 18707, he will need to recuse himself from this agenda item because he owns a business within Foster City located at 880 E Hillsdale Blvd. that serves as both a source of income and a business entity that he owns.
Councilmember Kiesel stated that per FPPC Regulation 18707, he will need to recuse himself from this agenda item because of his spouse’s source of income from her employer, Legacy Partners Residential, which is a business located within Foster City.
Vice Mayor Jimenez stated that per FPPC Regulation 18707, she will need to recuse herself from this agenda item because of her spouse’s source of income from his employer, Siemens Industry Inc., which is a business located within Foster City.
Under the provision of the Government Code for Exercising the Rule of Necessity, based on a random selection drawing two names were drawn to participate in tonight’s discussion, Councilmember Hindi and Mayor Sullivan participated in the discussion.
Councilmember Kiesel’s name was drawn to participate at a future meeting, should the City Council consider adding this item to the ballot, as that action would require a super majority or 4/5 vote of the City Council.
Councilmember Kiesel and Vice Mayor Jimenez left the room at 8:14 p.m. and returned at 10:21 p.m.
Meeting recessed at 8:15 p.m. and reconvened at 8:20 p.m.
Assistant City Manager Subhashini and Community Development Director Mangalam presented the staff report.
Larisa Ocañada, representing the San Mateo County Economic Development Association and Crystal Tilton, representing the Foster City Chamber of Commerc e, addressed the City Council via email.
Mark Hudak, representing Sycomp, addressed the City Council in person.
The following people addressed the City Council via teleconference:
1. Crystal Tilton, representing the Foster City Chamber of Commerce;
2. Bill Chiang, representing PG&E; and
3. Evan Adams.
Discussion ensued.
Meeting recessed 9:33 p.m. and reconvened at 9:34 p.m.
Motion by Councilmember Froomin, seconded by Councilmember Hindi , and carried unanimously, 3-0-0, adopting Minute Order No. 1977, receiving and accepting the report on the Business License Tax Update, and providing policy direction to:
1. Develop three Business License Tax model variations that retain the minimum tax of $100 and $200 for General Contractors, have a maximum tax cap of $500,000, and have fixed gross receipt rates of $0.75 per thousand, $1.00 per thousand, and $1.25 per thousand, to be presented to the City Council at the June 17 Council meeting;
2. Phase the maximum tax cap increase over a three (3) year period;
3. Ensure that both the minimum tax and maximum tax cap are adjusted annually for inflation based on the local Consumer Price Index (CPI); and
4. Keep the current Foster City Municipal Code (FCMC) exemption provision related to multiple corporate entities.
COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.
City/District Warrants of Demands were Processed and Issued on April 30, 2024, and May 3, 2024, and ACH were processed on May 3, 2024
CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND
REQUESTS, AND COUNCIL LIAISON REPORTS
Vice Mayor/Vice President Jimenez stated she attended the Kent Awards Banquet hosted by the San Mateo County School Boards Association on May 10, which acknowledges and awards outstanding education programs in the County. She congratulated the San Mateo Union High School District for receiving an award for their Student Board Council program.
Councilmember/Director Hindi requested the meeting to be adjourned in memory of former Congressman Pete McCloskey.
Councilmember/Director Kiesel stated he attended the San Mateo County Library Joint Powers Authority (JPA) Governing Board meeting on May 20, where they discussed their budget for the upcoming fiscal year . He will attend the San Mateo Pre-Hospital Medical Service Group (SMCPHMSG) Board meeting on June 5.
Mayor/President Sullivan stated he met with students from Kids Connection Elementary School at City Hall on May 5. On May 13, he attended the Foster City Employee Art Show at the Recreation Center. On May 15, he attended the San Mateo County Emergency Services Council meeting.
Councilmember/Director Froomin shared that Police Chief Avelar will be installed as the President of the California Police Chiefs Association on May 21.
ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 10:28 p.m.